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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....n in the line suggested by them under the Constitution; accordingly Vice President Moudud Ahmed resigned and the Caretaker Government was appointed by the detenu and he himself resigned on 6-12-90 handing over power to the Caretaker Government for conducting parliamentary elections under the Con...... recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and the government knows best how to preserve them, but the courts concern in a case of preventive detention......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... Revenue authority……(8) Lawyers Involved: Mahmudul Islam, Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record—Fort the Appellants. Khandker Mahbubuddin Ahmed, Advocate, instructed by SH Siddique, Advocate- Record—For the Res...... accepted by the latter. Mere recital of delivery of possession in the deed is not sufficient. There must be something to indicate acceptance of the gift and such acceptance may be signified by an overt act such as actual delivery of possession or such an act by the donee as would in law amount ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....hellip;………………(13) Cases Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawyers Involved: B Hossain, Deputy Attorn...... facie void, writ petition is not maintainable…………………(13) Cases Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawy......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....e articles with some of his own belongings in the rented house where a family was allowed to live as care taker and a guard was posted there and that a Toyota jeep, belonging to the petitioner, was handed over in Jimma of Mr. Mustafizur Rahman by the Committee which he kept in the garage of house...... Appellate Division (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners ...... 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)
....199 wherein Abdul Hannan’s case of both of the High Court Division and of the Appellate Division were considered to understand the true import and distinction between section 19 on the one hand and sections 25(1), 25(7) and 30 on the other hand. 10. It will be worthwhile now to ...... maintainable………(36) Cases Referred to- Collector of Customs, Chittagong and others vs. Ahmed Hossain and others, 48 DLR (AD) 199; Mostafizur Rahman vs. Government of Bangladesh and others, 51 DLR (AD) 40; Collector of Customs vs. Abdul Hannah 42 DLR (......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....without following the procedure laid down under rules 15 and 16 of the Terms and Conditions of Service of Teachers of Non- Government Colleges by the Governing Body is wholly illegal. On the other hand, Court of appeal below found that the plaintiff failed to prove under the provisions of which ......Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it lawful or valid……(11) Lawyers Involved: ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....22) Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record &mdas......merce Bank Limited (IFIC Bank) so far as it relates to the election of directors of the said Bank. 7. Syed Ishtiaq Ahmed, a Senior Advocate of this Court, was appointed Chairman to preside over the Annual General Meeting of the said Bank for the year 1997 and to submit his report by orde......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. ..Category: Business or Commercial Law | Date: | Hits: 107
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
.... restored, dismissing the plaintiffs’ suit. 2. The dispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally belonged to Govinda Chandra Datta and others who had left this country for India some time in 1920 making over its posse......ct, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such possession does not become adverse unless some overt act of the possessor indicative of disregard to the permissive possession as such upto the s......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Property Law | Date: | Hits: 59
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ous concepts on the independence of the judiciary relies upon page 558 of the “Constitutional Law of Bangladesh” by Mahmudul Islam (the present Attorney-General). He also relied upon the case of Chandra Mohan vs. State of Uttar Pradesh 1966 (SC) 1987 and recounts the history of the Provincial Ci...... etc be enacted or framed or made separately for judicial service and judicial magistracy…………………76(5) Article 115 Impugned orders are declatered ultra vires the Constitution. The Government be directed to establish a separate judicial pay commission forthwith as a part of the rul......riod of 25 years from independence is definitely a reasonable period to implement the cherished will and desires of the people. The Supreme Court alone shall have overall control, supervision and management over the subordinate courts and over magistrates exercising judicial functions and th..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... the decretal amount or bank guarantee thereon if he wants to file an application under Order 9 rule 13 of the Code for setting aside the ex parte decree. Sub-section (1) of section 6 on the other hand provides that subject to the provision of section 7 (providing for appeal) proceeding, order, ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....ommission but he could not come directly to the High Court Division in its writ jurisdiction. 6. Mr. Md. Hannan, learned appearing on behalf of the writ petitioner respondent, on the other hand, submits that the disturbance started after polling and after completion of the counting of th......ip;…………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January 17, 2000. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election proc......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. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ue that the case of the accused is that the girl is above 18 years of age, she left her father’s house on her own and that she voluntarily embraced Islam and married the accused. On the other hand, the guardians allege that she is a minor and the accused had committed offences under the afo......esh Bidhan) Am 1995 and the question of age of the victim is not material under the said Act. The girl was put into Jail (safe) custody in the usual manner pending police investigation after her recovery from the accused and the learned Sessions Judge clearly said in his order that the question ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......te this aspect of the matter. 3. Entering Caveat the learned Advocate for respondent No.1 submits that mere assertion that respondent No. 1 is not a Labourer but an officer working in the management cannot be a ground for rejection of the IRO case as onus lies heavily in the petitioner ..Category: Labour and Industrial Law | Date: | Hits: 138
....rd — For the Appellant.
Rokonuddin Mahmud, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1.
Not represented — Respondent No. 2.
AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party.
......
Judgment
January 22, 1998.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors are the employees of the contractors over whom the contractors have absolute control. Attendance sheet of those labourers is maintained b...... were engaged in KPM through the contractors are also workers of the establishment as a relationship of employer and employee exists between them. Such employees are deemed to be the employees of the management. He also submits that the High Court Division upon a misconception of both law and fact e..
Category: Labour and Industrial Law | Date: | Hits: 163
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....cree for ejectment against the petitioner is no ground to stay the title execution case……………………(5) Lawyers Involved: NH Khandaker Advocate-on-Record- For the petitioner. Ozair Farooq, Advocate, instructed by Md. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....ed: M Nurullah, Senior Advocate (Zakir Ahmed, Senior Advocate and Fida M Kamal, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on- Record—For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Recor......4 with the petitioner- respondent as Chairman. The respondent upon taking charge of the fund found irregularities in the management of the same. He requested Professor Anwarullah Chowdhury to hand over papers relating to the fund to him but he did not do so and accordingly the respondent felt th......llor constituted an Admission Committee for ‘Gha” Unit for 1993-94 with the petitioner- respondent as Chairman. The respondent upon taking charge of the fund found irregularities in the management of the same. He requested Professor Anwarullah Chowdhury to hand over papers relating to..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....has “taken into consideration” an import which has taken place 17 months earlier. The committee has thus exposed itself to a justified accusation that it had no relevant and rational materials at hand to raise the tariff value to such an abnormal and unreasonable proportion. Dr. Kamal Hossain al......d others……………..Respondents Judgment December 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess...... 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. ..Category: Business or Commercial Law | Date: | Hits: 165
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....and collect rent from the said tenant. Plaintiff used to collect rent from defendant No. 2 Abdul Khaleque at Taka 60.00 per month. Plaintiff served an Advocate’s notice to defendant No. 2 to hand over vacant possession to the plaintiff for his personal necessity. Defendant No. 2 paid rent ......collect rent from the said tenant. Plaintiff used to collect rent from defendant No. 2 Abdul Khaleque at Taka 60.00 per month. Plaintiff served an Advocate’s notice to defendant No. 2 to hand over vacant possession to the plaintiff for his personal necessity. Defendant No. 2 paid rent to th......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....kind of damage which the law presumes to follow from the wrong complained of and which, therefore, need not be expressly set out in the plaintiff’s pleadings. Special damage, on the other hand, is damage of such a kind that will not be presumed by the law and must therefore be expressl...... on the same business by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at B......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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&......hall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Bargu......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
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