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Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......re brief. Being successful in the 12th BCS Examination the petitioners were appointed to the BCS (Police) Cadre with effect from 20 January 1991 and on satisfactory completion of the probationary period, they were confirmed in the BCS (Police) Cadre from the date of appointment. 3. Resp..

Category: Constitutional Law | Date: | Hits: 151

Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)

.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......1996 challenging the order dated 4-1-1996 passed by respondent No. 1 by which the lease of the petitioners was cancelled as they failed to pay a sum of Taka 40,00,000.00 towards arrear rent as the period of lease expired in April, 1995. Their prayer for renewal of the lease was pending when the ..

Category: Property Law | Date: | Hits: 71

Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ...... making repeated representations to various authorities after they served out their respective sentences. This explanation is hardly acceptable. The aggrieved persons cannot wait for an indefinite period for the result of their representations but must come to the writ jurisdiction as expeditiou..

Category: Employment/Service Law | Date: | Hits: 70

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

....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ...... State in the making of laws and Article 22 was not meant for beautifying the Constitution as an ornament. The will of the people was entitled to be implemented within a reasonable time and the period of 25 years from independence is definitely a reasonable period to implement the cherished ..

Category: Constitutional Law | Date: | Hits: 829

Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)

....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......Petition No. 1 of 1999 for drawing up a contempt proceeding against the respondents. 2. In this petition, it has been stated Civil Appeal No. 130 of 1997 was heard for quite a considerable period of time and thereafter the case was fixed for delivery of judgment on 20-8-98. On that date ..

Category: Criminal Law | Date: | Hits: 63

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......s be concluded before such date, in the court in which such proceedings were pending on date they stood stopped or deemed to have stood stopped, and such proceedings shall be concluded within a period of two years from the date of commencement of this Act and if proceedings cannot be con..

Category: Criminal Law | Date: | Hits: 59

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 36. ......rgaining agent (CBA). The Registrar, on receipt of the application, called upon KPM by a letter dated 21 June 1995 to submit a list of all workers employed in the establishment, excluding those whose period of employment in the establishment was less than three months or who were casual or badli wor..

Category: Labour and Industrial Law | Date: | Hits: 163

Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)

.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ...... the oral evidence on record. The lower appellate Court also did not discuss the oral evidence on record. The suit was dismissed only on the ground that the plaintiffs filed the suit long after the period of limitation after the suit land was recorded in the name of the defendants. Had the quest..

Category: Property Law | Date: | Hits: 73

Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)

.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ...... the committee must have in its possession contemporaneous documents to show that the international market price of a particular item of import or export has either gone up or down during the interim period between the last meeting of the committee and the impugned meeting. …………………(20)..

Category: Business or Commercial Law | Date: | Hits: 165

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ...... Ordinance or the rules made thereunder or the prescribed Code of Conduct, it may, after giving the licensee an opportunity of being heard, by order in writing, cancel the licence or suspend it for a period to be specified in the order and may also forfeit the security furnished by him under Section..

Category: Constitutional Law | Date: | Hits: 192

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....said that there was default made by the petitioner. Mr. Karim has riot, however, been able to support his submission by any authority. He does not dispute that payment of rent by the tenant beyond It stipulated date would make him a defaulter but he contends that acceptance of the same by the landlo......is for the recovery of possession of immovable property and for rent or mesne profits the Court may pass a decree, inter alia for the rent or mesne profits which have accrued on the property during a period prior to the institution of the suit, etc. The present suit was not an SCC suit but regular T..

Category: Tenancy Law | Date: | Hits: 70

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......verred further that ship-breaking business is a very paying business and by beaching and breaking a ship the plaintiff could earn a good profit in the neighborhood of Taka 40 lakh per ship within a period of 5/6 months. The plaintiff therefore prayed for a decree for a sum Of Taka 1,02,44,000.00 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......e vessel MV Fong Yun recklessly negotiated itself so as to cause the damage. Upon a petition the plaintiffs secured the arrest of the vessel and had it held up at the Chittagong Port for a certain period. Meanwhile the plaintiffs and the principal defendants filed a joint application for disposa..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)

....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......3-1985. The compensation and mesne profits for the vacant portion of the suit land will come to Tab 42,00,000.00 @ Taka 2,00,000.00 per katta since the land has been trespassed and occupied and period of limitation has (sic) over as a result the plaintiff has sustained loss of ownership in t..

Category: Property Law | Date: | Hits: 72

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... 28-12-88 passed by the Administrative Tribunal  Dhaka in Tribunal Case No. 90 of 1987 allowing the appellant’s application in part, directing the respondents to r the appellant’s period service as Upper Division Assistant from 29.9.70 for the purpose of counting his seniority i..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ulshan Police Station along with them at that hour of night. On 3-1.1-96 she was taken to the Court of the Chief Metropolitan Magistrate, Dhaka and brought on Police remand for 5 days and during that period she was unbearably, mentally and physically, tortured which may be described as uncivilized a..

Category: Criminal Law | Date: | Hits: 115

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......cedure the Investigation Agency had already written to the Government for necessary sanction for the prosecution and as such the time to be spent for having such sanction will not be counted as the period for holding in Against that order the petitioners moved the learned Sessions Judge under se..

Category: Criminal Law | Date: | Hits: 87

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......e is no immediate, prospect of arresting him, it shall, by order published in at least two Bengali daily newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, h..

Category: Criminal Law | Date: | Hits: 98

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......f Shameen vs. Government of Bangladesh, 47 DLR (AD) 109, the respondents failed to deny on affidavit that the ground of detention was served on the detenu on a much later date than the prescribed period. This was a failure striking at the root of the continued detention of the detenu and an inf..

Category: Criminal Law | Date: | Hits: 99

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... of extension under this regulation shall be subject to the following conditions, namely— (a) no extension shall be granted beyond the age of 65 years; (b) no extension shall be granted for a period, of more than two years at a time (c) no extension shall be granted unless a certificate f..

Category: Constitutional Law | Date: | Hits: 163