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Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......submits first, that the Bangladesh Bank having allowed petitioner Nos. 2-5 expressly to be in the Board of Director of Petitioner No. 1 by letter dated 13-3-96 (Annexure-F), it cannot be unilateral action withdraw the exemption of section 25(3) and thereby unseat them as directors. The power of g..Category: Business or Commercial Law | Date: | Hits: 96
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......t of death of a particular party, heirs and legal representatives of the deceased have to be brought on record within a stipulated period. If they are not brought on record within such period, the action abates either wholly or partially depending on the facts and circumstances of each case. Sub..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ivision making the Rules absolute in the said writ petitions with certain ancillary orders and observations. 2. Writ-petitioner respondents filed the writ petitions calling in question the action of the Land Acquisition Officer and a Magistrate First Class (respondents No. 6 and 7 in the..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......n which were considered. The High Court Division ultimately held: “We, therefore, conclude that in view of the allegations in paragraph 14A of the plaint quoted above plaintiff has the cause of action to challenge the impugned action of the BSRS and whether the allegations are true or not can ..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......iled within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause (c) of proviso to section 138. Admittedly the petition of complaint was f..Category: Business or Commercial Law | Date: | Hits: 145
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......ttled by judicial pronouncement in the case of Dr. Mohiuddin Farooque vs Bangladesh & others 49 DLR (AD) 1 that in order to maintain a petition as public interest litigation (PIL) and/or social action litigation (SAL) the petitioner must satisfy the Court that he has sufficient interest and ..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......inst the said administrative circular as the same provided for interview allocating 25 marks out of 100 marks for interview and making 18 marks as pass mark. This system paved the way for arbitrary action on the part of the promotion committee and it was thus violative of the fundamental rights ..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......l functions not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and things done and actions and proceeding taken and/or continuing, subject to the decision of an appellate/revisional ..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... acts adversely to the interest of the idol, has this to say: “The question is, can such a person represent the idol when the shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle, we do not see any jurisdiction for denying such a r..Category: Family Law | Date: | Hits: 156
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ...... the night between 29 and 30 April,1991. It was not for public information and consumption, but for fact-gathering purpose of the Government. If after gathering facts the President has a choice of action to be taken in respect of those on whom responsibilities have been fixed then the selection ..Category: Employment/Service Law | Date: | Hits: 89
Category: Employment/Service Law | Date: | Hits: 83
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......llant. Thus it appears that the respondent was no longer in service and his service was terminated on 15-10-89. So far as the original service of the petitioner was concerned, it was a closed transaction and the application for re-employment is, in fact, a new application for fresh employment, n..Category: Administrative Law | Date: | Hits: 148
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......rame or amend rules and conforming to the specifications laid down in the case of Pakistan vs. Sheikh Abdul Hamid, 13 DLR (SC) 100 may have the force of law, a breach whereof constitutes a cause of action challengeable on any ground whatsoever, before the Administrative Tribunal or the High Cour..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... the purchase of a house and Bichra and the second marriage of Ahad cannot be attributed ‘to be the central common object to be shared by all the accused for taking such a grave and dangerous action as to use cannon for killing of mice’. The High Court Division asked itself, when the ..Category: Criminal Law | Date: | Hits: 80
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......uestion cannot be sustained. 12. In passing we observe that the view of the High Court Division that the Writ Court is not competent to interfere with an administrative order is totally wrong. No action detrimental to the vested right of an individual or corporate body can be taken except in acc..Category: Property Law | Date: | Hits: 63
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......he said reported decision as follows: “It is thus seen that the Court of Admiralty in England had always exercised jurisdiction over inland waters with respect to any cause of action arising out of or in relation to any vessel in any waters within the body of the country an..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
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. ...... receive from any quarter. It may receive and entertain such information, confirm or dismiss it by means of its own investigation, but if the statute requires it to act independently its source of action cannot be directly ascribed to an unofficial report or information. Annexure-F clearly refer..Category: Constitutional Law | Date: | Hits: 155
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......CJ.- The petitioner Company, an admitted loanee of the respondent Bangladesh Shilpa Rin Sangstha, filed Writ Petition No. 604 of 1998 requiring the respondent to show cause as to why the purported action of the respondent for selling Al-Helal Rice Mill under article 34 of the Bangladesh Shilpa R..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......uddin Ahmed Chisty had the said notices in due course. Accordingly, the Government in the Ministry of Land Administration and Land Reforms directed the Deputy Commissioner, Dhaka to take necessary action under Memo No. Bhu-Ma. D.A/35/81/123-Acqn. dated 28 February 1988 (Annexure-D) 4. Th..Category: Property Law | Date: | Hits: 50
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holdi..Category: Property Law | Date: | Hits: 52