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Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....ddin Mondal of village Mozakhali P.S. Haluaghat, District Mymensingh under rule 5(1) (a) of the Emergency Powers Rules, 1975. 2. It has been stated in the petition that the detenu is a loyal and law abiding citizen of Bangladesh. He was elected as M.P. in 1970. The detenu was arrested by the Ha......q J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: ......em Hossain, Asstt. Attorney-General—For the Respondents. Criminal Miscellaneous No. 155 of 1978 Judgment Abdul Malek J.- The petitioner obtained this Rule calling in question the order passed by the Additional District Magistrate, Mymensingh detaining Mr. Kudratullah Mondal, son..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Govt of Bangladesh Vs. The Chairman 2nd Labour Court, Dakha, 1978, 7 CLC (HCD)
....the Ordinance which is applicable to workmen employed in Postal Department. As such he can file an application under section 34 for enforcement of his right secured, or guaranteed under any law including the Standing Orders; Act even if that Act is not applicable to him. As this Act is not...... Chairman, 2nd Labour Court. Dacca dated 14-3-78 allowing an application under section 34 of the Industrial Relations Ordinance, 1969, briefly the Ordinance. 2. Perused the application and beard Mr. Anwarul Hoque Chowdhury, the learned Deputy Attorney General. Respondent No. 2, a cler......sp; Writ Petition No.644 of 1978. Judgment Shahabuddin Ahmed J. – This is an application under Article 102 of the Constitution calling in question an order of the Chairman, 2nd Labour Court. Dacca dated 14-3-78 allowing an application under section&n..Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....Meeting of the Company was held in December, 1969 but since then no General Meeting of the Company was called by the Managing Director who began to run the affairs of the Company himself ignoring the law and the Board of Directors with a view to making personal gain out of the business of the Compan...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......er. Asrarul Hossain-For Respondent No. 1, Rafiqul Haque-For Respondent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......raining, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk, 3000/ per month; but the Additional Deputy Commissioner, Dacca by his order dated 6-3-71 requisitioned the house in Requisition Case No. 2040 of 1971 and took possession ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....or with any dominion over property, dishonestly misappropriates or converts to his" own use that property or dishonestly uses or disposes of that property, in violation or any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express ...... also Reported in: 31 DLR (HCD) (1979) 63 ......king a Reference to this court for quashing the aforesaid proceedings. The matter was heard by the Additional Judge, Second Court, Chittagong, who after hearing the parties rejected the motion by his order dated 6-4-78 in Criminal Motion No.595/77. Thereafter the accused petitioners moved this ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....le 135 of the Constitution. Two days thereafter, he was placed under suspension by the order dated 13-3-76. This order of suspension, he alleges, is mala fide, passed not in accordance with law particularly when no proceeding was started against him or even contemplated at that time. About......Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule......ir Hussain, A.A.G.- For the Respondents. Writ Petition No.323 of 1976. Judgment Shahabtiddin Ahmed J.- This rule under Article 102 of the Constitution calls in question three orders of the Government of Bangladesh Respondent No. 1, communicated by the Secretary, Establishmen..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....nuddin Talukdar and others (1965) 17 DLR 705. In that case the learned Magistrate dropped the proceeding on the ground that the 1st party was absent and no step was taken by them and also because the lawyer of the 1st party did not take any step. In that case, the learned Magistrate also observed th......Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Aziz......rif-For Opposite Parties. Criminal Revision No. 786 of 1974. Order M.A. Khaliq J. – This rule arises out of an application filed by the 1st party petitioner for setting aside the order dated 11-2-74 and 11-3-74 passed by Mr. K.A. Khan, Magistrate, 1st Class Bhola in M.R. Case No..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....d to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body or authority constituted or established by the Government under any law.” 7. Mr. Shamsul Hoque Chowdhury contends that the Vested and Non-Resident Property C......iginal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Keramat Ali Talukdar.....................................Petitioner Vs. Election Tribunal and Munsif, 6th Court, Barisal and another……Respondents Judgment July 1......hury-For the Respondent No. 2 Writ Petition No.111 of 1978. Judgment Shahabuddin Ahms J.- This rule under Article 102 of the Constitution calls in question the legality of an order dated 31-1-78 of the Election Tribunal and Munsif, 6th Court, Barisal setting aside the petiti..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....thers claimed undisputed right, title and possession in the said land and also stated the names of the miscreants in Schedule "B" of the petition who were said to be out to take recourse to lawlessness and hooliganism. The opposite patty Jadu Gopal and others submitted before the District ......ed in: 31 DLR (HCD) (1979) 66. ......on No. 346 of 1978. Judgment Mohammad Habibur Rahnnan J.- This revisional application under section 435 and 439 of the Code of Criminal Procedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13&..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....thers claimed undisputed right, title and possession in the said land and also stated the names of the miscreants in Schedule "B" of the petition who were said to be out to take recourse to lawlessness and hooliganism. The opposite patty Jadu Gopal and others submitted before the District ......This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......on No. 346 of 1978. Judgment Mohammad Habibur Rahnnan J.- This revisional application under section 435 and 439 of the Code of Criminal Procedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13&..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....s extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent...... dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent f...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....and the rules by the Screening Board. The Division Bench of the High Court on consideration of the materials on record made the rule absolute and declared that the impugned order was made without any lawful authority and of no legal effect. 6. Leave was granted by this Court to consider the fo......e is also Reported in: 31 DLR (AD) (1979) 33. ......rom the Judgment and Order dated 27-5-1977, passed by the High Court in Writ Petition No. 141 of 1976. Judgment KM Subhan J.- This appeal by the Government arises out of a judgment, and order passed by the High Court in Writ Petition No.141 of 1976. The respondent, an Electrical ..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....an, Labor Court, Chittagong in Industrial Dispute Cases Nos.68 and 69 of 1975 under section 34 of the Industrial Relations Ordinance, 1969 (briefly the Ordinance). Since common questions of law and facts are involved therein these rules have been heard together and are going to be disposed......nts Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgm......al Manager with effect from 11 74 (sic) "in recognition of their sincere services". But on a direction from the Textile Mills Corporation (briefly the Corporation) the General Manager by an order dated 25-6-74 cancelled all the promotions and increments whereupon the respondents filed two ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
.... do not appear to stand on sound footing. Evidently the order dated 16.4.31 was without jurisdiction. The lapse of 43 years is of no consequence in a suit for partition where a preliminary decree was lawfully granted by a Court. 4. Mr. M.A. Sattar, the learned Advocate appearing for the opposit...... ....... Sattar—For Opposite Party. Civil Revision No.1007 of 1974. Order Ranadhir Sen J.-This Rule at the instance of one of the heirs of the deceased plaintiffs is directed against an order of the learned Munsif refusing, to make the preliminary decree final on the ground that the ap..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....iner as also his report Ext. 3 that the viscera contained aconite (poison) on various grounds and submitted that they are not worthy of belief and if that be so, the conviction cannot be sustained in law, the oral evidence notwithstanding. The learned Advocate has laid great emphasis on this part of...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ......Mostafa Kamal—For the Appellant. Humayun Habibur Rasul—For the State. Criminal Appeal No. 443 of 1969. Judgment Abdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sen..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....at when the nomination papers were submitted on behalf of respondent No. 6. The petitioner took an objection before the Returning Officer stating that respondent No. 6, being subject to military law, is debarred from seeking any election but his objection was overruled on the strength of an ame......he Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by re...... Abdul Wadud Bhuiya—For the Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the no..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....ving their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared to have been made without lawful authority and of no legal effect. 2. In one of these petitions, namely Writ Petition No.......Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) Moniruzzaman Lasker.............................Petitioner Vs. Election Commission of Bangladesh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Resul......orce subject to this Proclamation and Martial Law Regulations and Orders and other Orders made in pursuance of the Proclamation and that the Proclamation, Martial Law Regulations and Orders and other orders shall have effect notwithstanding anything contained in the Constitution."Clauses (d) &a..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3