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Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....h Court Division in Writ Petition No. 6717 of 1997 dismissing the writ petition summarily on the ground of maintainability. 2. Lieutenant General Abu Saleh Mohammad Nasim (Retired), former Chief of Army Staff, filed the writ petition challenging four Notifications, (1) Memo, dated 20-5-9......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..

Category: Employment/Service Law | Date: | Hits: 77

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

....but the total number of hours of work including overtime in a week shall not exceed sixty in the case of an adult and fifty-two in the case of a young person: Provided further that the Chief Inspector may, in special circumstances, grant exemption from the provisions of this section......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..

Category: Labour and Industrial Law | Date: | Hits: 134

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....n for release of the ship on a reduced Bank Guarantee and also filed a written objection against the petition for arrest. The case of the defendant is that no certificate was issued by the Master and Chief Officer of the vessel and that a survey conducted by the SGS Bangladesh Limited showed a damag......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....on.—In this Article, “Member” shall include the Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposition, Ministers of State, the Whips and Deputy Minister......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..

Category: Constitutional Law | Date: | Hits: 152

Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)

....m Bhuiyan President Supreme Court Bar Association……………Petitioner Judgment March 4, 1999. Result: The petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Court Divis......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..

Category: Others | Date: | Hits: 99

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......re-F Mr. Ahmed submits that under the first part of Regulation No. 11 of the Regulations, 1977 the Board has the power to dissolve a Governing Body on the specific recommendation of the Divisional Commissioner which is lacking in this case, but under the second part of Regulation No. 11 the Boar..

Category: Constitutional Law | Date: | Hits: 155

Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)

.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..

Category: Constitutional Law | Date: | Hits: 158

Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)

....t time. 3. Copies of the aforesaid memo were sent to various other authorities of the Government and also to the Registrar of the Supreme Court with request to bring it to the notice of the Chief Justice. 4. In his rambling report (he is found to have sent similar reports before)...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abdul Haque (Md) Deputy Commissioner………………………….Petitio..

Category: Criminal Law | Date: | Hits: 70

Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)

.... Miscellaneous Case No. 1770 of 1997, Criminal Revision No. 41 of 1997 and Criminal Revision No. 258 of 1997 absolute and quashing thereby the proceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouz...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......n law and order in respect of the proceeding land. But in respect of the subject matter of Criminal Petition No. 8 of 1998, the Chief Metropolitan Magistrate, however, appointed an Assistant Police Commissioner, Uttara PS as its receiver, pending disposal of the said proceeding. In all those proc..

Category: Criminal Law | Date: | Hits: 68

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....t petition.   4. A Division Bench consisting of Md. Abdul Jalil and Qazi Shafiuddin JJ, upon hearing the matter delivered a split judgment on 20-3-91 whereupon the learned Chief Justice referred the matter to a third Judge, Anwarul Hoque Chowdhury J, who having agreed w......awful authority considering the situation prevailing at the relevant time. It is also denied by the respondents that the detenu was not given opportunity to participate in the election. Rather, the Election Commission permitted the detenu to contest the election and accordingly, he contested and ......who were connected with the previous Government but there was no ground to prosecute the detenu who performed his responsibilities of office sincerely. The Government has now constituted an Enquiry Commission headed by a Judge of the High Court Division to investigate into the charges, if any, a..

Category: Constitutional Law | Date: | Hits: 191

Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)

....aled the locks and took away the jeep and that they evicted the family living in the said house and that against such acts the petitioner on 19-5-92 filed a petition unsuccessfully in the Court of Chief Metropolitan Magistrate praying for unlocking the house but no order of search warrant and se...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..

Category: Constitutional Law | Date: | Hits: 170

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

.... 24. Consequently, the appeal is allowed without any order as to costs.     Kazi Ebadul Hoque J.- Agreeing with the judgment proposed to be delivered by the learned Chief Justice I like to add a few words as to the maintainability of the writ petition to challenge......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......dment now there is provision for appeal under section 193 of the Act from any decision or order including an order of assessment or imposition of fine by any officer of customs lower in rank than a Commissioner of Customs to Commissioner (Appeal) and appeal under section 196 of the Act to the Ap..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)

.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......                        June 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory ret..

Category: Administrative Law | Date: | Hits: 125

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....urt Division is liable to be set aside, Consequently, the appeal is allowed with costs and the suit is decreed. Bimalendu Bikash Roy Choudhury J.- I agree with the judgment of My Lord, the Chief Justice. AM Mahmudur Rahman J.- I agree with the judgment of My Lord, the Chief Justi......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......espondent No. 1 in the said letter and proceeded to the election of directors of the said Bank. Five shareholders having demanded a poll election was held by the person appointed by the Chairman as Election Commissioner. After the election and counting of votes Chairman announced the result decl......No. 1 in the said letter and proceeded to the election of directors of the said Bank. Five shareholders having demanded a poll election was held by the person appointed by the Chairman as Election Commissioner. After the election and counting of votes Chairman announced the result declaring the ..

Category: Business or Commercial Law | Date: | Hits: 107

Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)

....ng Corporation, briefly, the Corporation. While serving as General Manager (Administration) in Pragati Industries Limited, Chittagong, on 25 August 1992 he received a notice from respondent No. 3, Chief Personnel Officer of the Corporation that he had committed irregularities regarding purchase ......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..

Category: Employment/Service Law | Date: | Hits: 69

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..

Category: Criminal Law | Date: | Hits: 64

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....dministers justice without fear or favour the judiciary judges the administrative service administers administrative law. They are not policy framers and policy-executors. Relying “upon the case of Chief Justice of Andhra Pradesh vs. LVA Dikshitulu, A1R 1979 SC 193, he submits that the word “app......itution, persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.” Article 118(4) of the Constitution says: (4) The Election Commission shall be independent in the exercise of its functions and subject only to th...... provisions which is a constitutional mandate. Nomenclature of the judicial service shall be designated as the Judicial Service of Bangladesh or Bangladesh Judicial Service and a Judicial Service Commission constituted for recruitment in that sevice……..76(4) Article 116, 116A and 133. ..

Category: Constitutional Law | Date: | Hits: 829

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

....om performing the functions of the Managing Director from the time of receipt of the order until further orders and allowed the Deputy Managing Director of the Bank to perform the functions of the Chief Executive of the Bank. Appellant’s challenge to the said order before the High Court Di......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..

Category: Business or Commercial Law | Date: | Hits: 116

Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)

....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... a disputed and controversial fact and resolved them on mere affidavits. High Court Division has exceeded the jurisdiction and taken upon itself the responsibility which lies on the shoulder of the Election Commission………………(8)  Lawyers Involv......d and controversial fact and resolved them on mere affidavits. High Court Division has exceeded the jurisdiction and taken upon itself the responsibility which lies on the shoulder of the Election Commission………………(8)  Lawyers Involved: ..

Category: Election Law | Date: | Hits: 110