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Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....udgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of Mysore, AIR 1964 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Provi...... established procedure. It was stated that the Superior Selection Board recommended the petitioners for promotion in spite of the fact that the petitioners did not complete 14 years of service at the time and that their names were also sent to the said Board by the Establishment Division itself. It ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......of Rs. 7,500/ as gift tax. Unfortunately, the donor expired on the next day, i.e. on 22.12.68. The defendants are the sons of consanguine brothers of the grand father of the donor and during the life time of the donor the defendants had no connection with him. 3. The defendants filed a petition......t in favour of the plaintiffs. The plaintiffs further alleged that on 14-11-68 late Abdur Rahman Chowdhury (hereinafter referred to as the donor) had a sudden heart attack of which he survived. After recovery from the heart attack the donor in presence of witnesses, namely, Messrs Khurshed Ali Choud...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....
any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property.
The power to treat a property as an abandoned property is limited-
The mere service of notice on will not make ......
By the very definition of the "abandoned property" and the authority concerned cannot treat each and every property as an abandoned property and this power cannot be exercised for all time arbitrarily. It was an emergency legislation for the control, management and disposal of certai......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....4 of 1978.
Judgment
Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Min....... Attorney General on 3.3.72 and on promotion he was appointed on 30th April, 1977, Deputy Advocate General (Criminal), subsequently re-designated as Deputy Attorney General (Criminal) and since that time he was holding this post till the impugned order removing him from this post was passed. He has......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....ruque Ahmed—For the Petitioner. A. Hasib—For the Respondents 2-5. Writ Petition No. 673 of 1978. Judgment Shahabnddin Ahmed J.- This rule is directed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, ...... is found to be perfectly in accordance with the Promotions Procedure, but it is this Promotions Procedure, which has been knocked down by the impugned order for correcting a mistake committed at the time of earlier promotion given. 5 years ago i.e., on 20-8-73. We appreciate the admission of facts ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
.... 31 DLR (HCD) (1979) 346
......cused persons would also be able to submit their version of the Case. The Chairman accordingly issued the impugned notice, Annexure-F, in' forming among others, this petitioner about the date and time of the enquiry with direction to appear before the magistrate with his witnesses if he so likes......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....ed November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......, the learned Counsel appearing for the appellant argued before us with reference to the different papers to show that Dhaleswari river fishery is a closed fishery and it had been leased out for some time for a period of three years treating it a closed one. The learned Counsel further argued that a......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....r not depends in each case with reference to the evidence on record- A person does not cease to be a 'worker' merely because he is employed in a supervisory capacity. To be able to say that he is not a worker it has to be established further that he exercises functions mainly of a manag...... one of whom was subsequently elevated to the Bench and on the prayer made on behalf of Respondent No. 2 adjournment was granted for two weeks to enable him to engage another learned Advocate. At the time on hearing, however, no one appeared to oppose the rule. We have, however, perused the petition......ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ......ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....s. Writ Petition No. 916 of 1977. Judgment Rafiqur Rahman J.— This Rule under Article 102 of the Constitution calls in question a Memorandum bearing No. 1286-1/mn/111, dated Dacca, the 5th October, 1977 issued from the Ministry of Home Affairs Immigration Branch 111, G......esident of the territories now comprised in Bangladesh on the 25th day of March, 1971 and continues to be so resident and is not otherwise disqualified for being a citizen by or under any law for the time being in force; Provided that if any person is a permanent resident of the territories now comp...... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ...... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....(1979) 414. ...... appears to be an unanimity of views on the point under consideration in that it was held that the Municipal Authorities would have to abide by the Model Tax Schedule as framed by the Government from time to time under the Ordinance and not the Urban Immovable Property Tax Authority We have found no......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......n, removing the petitioner from his service on the ground of negligence of duty which resulted in theft of the employer's property worth Tk. 83,096,00. 2. The Petitioner was, at the relevant time, Store Officer in-charge of the Bangladesh Trading Corporation's godown at Siddique Bazar, ...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....dgment
March 28, 1979.
Result:
The Rule is made absolute.
Cases Referred to-
A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144
Lawyers Involved:
Asrarul Hossain, Latifur Rihman and A M. Nuruddn Ahmed— For the Petitioner.
Anwarul Huq Chowdhury, D.A G., ......s marked Annexure "D" to the petition. The petitioner in pursuance of the aforesaid second show cause notice submitted his reply on 2nd November, 1976, wherein he elaborately stated that at time of admission of the two Cadets along with other normal procedure was followed and that he had n.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....) 339
......ertainties could be more beneficial or advantageous to the petitioner, as argued by his learned counsel. The proceeding, if initiated, might still be pending whereas the petitioner would have by this time reached his age of superannuation awaiting finalization of the proceedings with all its attenda......but haying regard to the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 339
......but haying regard to the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 339
..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....ew of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......iled an affidavit made by one M.A. Quddus dated October 17, 1978, who stated that while he was taking lunch with one of his friends at ‘Chunking’, a Chinese Restaurant at Chittagong, some time in the month of August, 1977, he found the respondent A.B. Khan also taking lunch with some of ......se passed by the Subordinate Judge, 3rd Court, Chittagong in Other Suit No.39 of 1975 and dismissing the suit. The appellant instituted the suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma Petroleum ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... 453 of 1970 to 462 of 1970 and 14 and 26 of 1971 while the learned Deputy Attorney General has appeared for the respondent in all the petitions. 3. Facts leading to these rules, in brief, are that the petitioners while acting as shipping agents for the ships carrying imported petroleum product......toms Act, 1878 (here in after called the Act) for the alleged shortage of different categories of imported oil. It was alleged by the petitioner represented by Mr. Joynul Abedin that their prayer for time to show cause was refused and the matter was disposed of and penalty imposed on the petitioners...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... This Case is also Reported in: 31 DLR (HCD) (1979) 240 ......truction of Section 2(XXVIII) of the Ordinance read with Section 34 of the same. Respondent No. 1 was a Supervisor in the employment of the petitioner, Sonali Bank at the relevant time and on certain allegation of misconduct he was dismissed from service by the petitioner after a...... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ...... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
....rs Involved:
Razzak Rahman—For the Petitioner.
Mahmudul Islam—For Respondent No. 1.
Writ Petition No. 138 of 1978
Judgment
Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution arises out of an order passed by the Second La......er to do so. He has further argued with reference to the Laws Continuance Enforce Order dated 10th April, 1971 which required all Government officials to take oath of allegiance to Bangladesh that no time limit was specified or set cut in the said Order for taking the oath of allegiance. He has subm......facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 338.
......facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 338.
..
Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....d. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......articular duty on him whereupon he made representations to the authorities. He alleged that the respondents did not, in fact, accept the Court's order for reinstatement with grade but just killed time and after on year came out with the impugned order dated 31st May, 1978 again terminating his s......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....
This Case is also Reported in: 31 DLR (HCD) (1979) 418
......eard the parties on five occasions, 23.1.78, 7.2.78, 20.3.78; 18.4.78 and 6.5.78 and reserved his judgment till 20.5.78. But on that date, the Additional Divisional Commissioner observed that further time would be necessary for delivery of the Judgment as he was preoccupied with other urgent works a......pondents are directed to pay costs of this application which we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
......pondents are directed to pay costs of this application which we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
....is also Reported in: 31 DLR (HCD) (1979) 151 ...... authority and is of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 151 ...... authority and is of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 151 ......sal was confirmed in appeal by the inspector General of Police. The petitioner along with others was put on guard at a bank but when some miscreants launched an attack on them, they surrendered their arms to the miscreants without offering any resistance. On this allegation of cowardice the petition..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
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