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General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....r dated 8-11.76 passed by the High Court Division in Writ Petition Nos. 654 and 655 of 1976.) Judgment Badrul Haider Chowdhury J.- These two appeals by special leave are directed against an order of the High Court Division in Writ Peti­tion Nos. 654 and 655 of 1976. The points for......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ..

Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

....t against the belated amendment of the plaint and to examine the witnesses with a view to con­trovert the genuines of the documents by hand­writing expert if the defendants so desired. In the order of remand it was further directed that both the suit and the Succession Certificate case shoul......uslims. It has been so stated by section 129 of the Transfer of Property Act. He submits that although by virtue of the assent of the Governor-General under sub-section (2) of sec­tion 107 of the Government of India Act., Non-Agricultural Tenancy Act was a valid legis­lation but the provisio..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....ained of. Beyond this no further general formulation is either neces­sary or desirable. We have decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....itioner. Syed J.R Mudassir Hoisain, A.A.G—For Respondents. Writ Petition No. 277 of 1977. Judgment Rafiqur Rahman J.- The petitioner by this writ petition has challenged an order dated 18.7.77 issued under signature of respondent No. 2 Section Officer, Ministry of Works ft...... RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. ..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

.... No. 614 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 Secreta...... 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. Ministry of Law and Parliamentary Affairs, ..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....man, Faruque 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 Corpor......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

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....test the suit in the Courts below. The prayer was allowed on 30.5.1973. It appears that the respondents 3(5), 32, 33, 35, 50, 51, 52 and 65 died during the pendency of the second appeal. An abatement order as required under the Appellate Side Rules was noted by the Registrar on 11.7.77 reciting that......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

.... addressed to the Deputy Commissioner by the superintendent and Remembrancer of Legal Affairs, it appears that the legal advisers of the Government were under the impression that the Government could order a summery or full-dress enquiry for the purpose of satisfying themselves whetherthe prosecutio......istrate for enquiry under Chapter XVIII of the Criminal Procedure Code. One of the accused namely, Hashan Mir, respondent No.6, sent a letter dated 24 9.77 to the Secretary, Ministry of Home Affairs, Government of Bangladesh bringing a counter allegation that the murder in question was actually comm..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

...., Advocate-on-Record-For the Respondent 7-8. C. A. 73 of 1979 from W. P. 494 of 1979  Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. T...... Present: Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment ..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)

....d: K.S. Nabi—For the Petitioner. No one—For the Respondents. Writ Petition No. 103 of 1973. Judgment Abdul Rahman Chowdhury J. - This rule is directed against an order passed by the Chairman, Labour Court Khulna dismissing the petitioner's case as not mainta......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

....ted. The main contention is that the petitioner having filed an application to the International Committee of Red Cross had disqualified himself to be a citizen of Bangladesh and as such the impugned order cannot be challenged. 4. Mr. M.I. Farooqui, the learned Advocate appeared for the petitio......igh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Res..

Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1

Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

....assessments in conformity with the relevant Model Tax Schedule and to refund the tax paid in excess if any, to the petitioner. Having regard 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 ...... Property Tax Authority and the Dacca Municipal Committee as stated above, the petitioner was required to pay taxes exceeding the ceiling as fixed by the relevant Model Tax Schedules as framed by the Government under section 35 of the Municipal Administration Ordinance, 1960 (Ordinance No-..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....nst the concurrent decision of the Courts below allowing pre-emption. This rule was issued for examination of the question whether the addition of parties made in com­pliance with the Court's order would be subject to the law of limitation. But this question no more requires examination. The......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

....dul Hye—For the Respondent. Writ Petition No. 438 of 1978.  Judgment Shahabuddin Ahmed J. - This rule under Article 102 of the Constitution is directed against an order dated 13.4.78 of the respondent, the Bangladesh Trading Corporation, briefly, the Corporation,......ion of public nature. No statutory rules have been made by the Corporation for regulating the terms and conditions of service of its officers and employees. But the Corporation has been following the Government Servants (Discipline and Appeal) Rules, 1976 in the cases of its officers and employees. ..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

....M. Huq, A A.G.—For the Respondents. Writ Petition No. 1 of 1977 Judgment Chowdhury A. T. M. Masud J.-This Rule was issued calling upon the respondents to show cause as to why the order of compulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-......iled to submit a comprehensive reply to the said show cause notice. 9. The respondents confessed the Rule by filing an affidavit-in-opposition affirmed by a Section Officer, Ministry of Defence, Government of Bangladesh, controvert the statement made in the petition. It was stated in the said a..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....he Respondent. Writ Petition No. 487 of 1977. Judgment Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his ......Writ Petition No. 487 of 1977. Judgment Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his prayer for crossing ..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....cate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgment ......ansfer the agency of the petrol pump installed therein. In the suit he claimed that the suit land consisting of commercial plot Nos. 1 and 2 of the Canton­ment of Chittagong then belonging to the Government of Pakistan and managed through the Ministry of Defence were leased out by auction for 30..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)

....G.-For Respondents (In all petitions) Writ Petition No. 247 of 1970 with Writ Petition Nos. 248 to 281 of 1970 Judgment Abdur Rahman Chowdhury J. - These Rules are directed against an order of penalty imposed by the Assistant Collector of Customs, Chittagong on the petitioners for th...... consequent imposition of penalty. The petitioners preferred appeals before the Collector of Customs (Respondent No. 2) and revisional application thereafter before the then Central Board of Revenue, Government of Pakistan which were all rejected after hearing. The petitioners thereafter moved the C..

Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3

M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)

....ions.) Writ Petition Nos. 673, 674 and 850 of 1977 Judgment Shahabuddin Ahmed J.—These three Rules under Article 102 of the Constitution call in question three separate orders of the Collector of Customs, Chittagong, confiscating three Thai Fishing Trawlers along with ......e the Collector of Customs this position of jurisdiction was raised but the Collector of Customs while taking note of the fact that the vessels were found away from the 12-mile belt observed that the Government of Bangladesh by a notification under section 5 of the Territorial Waters and M..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)

....ord-For the Respondent 5 C.P. 74 of 1979 from W.P. 519 of-1978 Judgment Badrul Haider Chowdhury J.- This peti­tion for special leave to appeal is directed against the judgment and order passed by the High Court Division in Writ Petition No. 519 of 1978. 2. The petitioner in ......ave to appeal is directed against the judgment and order passed by the High Court Division in Writ Petition No. 519 of 1978. 2. The petitioner in the Writ Petition had challenged an order of the Government of Bangladesh challenging Memo. No.IMA-281/77/639—J.M. dated 20.5.78 making settle&..

Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2