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Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....earned Advocate appearing for the writ petitioner, submits that the case was withdrawn on 31-1-2000, but before that there was full fledged enquiry by the Director General, Non NGO Affairs Bureau, Government of Bangladesh and a report was submitted on 2-6-99 (during the pendency of the writ peti......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
.... 3. The case of defendant No. 2 (respondent No. 2) on the other hand is that the suit property has been correctly enlisted as vested property as the owners thereof had left for India and the Government is in possession thereof through its lessee. 4. The Senior Assistant Judge, Sree......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
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....intment. 3. Respondent Nos. 4-63 who were initially appointed as outside cadet Sub-Inspector of Police gradually attained the position of Officiating Assistant Superintendent Of Police. The Government in the Ministry of Home Affairs by notification No. MHA/ Pol-1 Apptt-12/92/60 dated 3 F...... 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. ..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....up the matter analogously for disposal. It appears that the lease of petitioners of Writ Petition No. 4598 of 1997 was cancelled in respect of 420 acres of land out of 456.20 acres for enabling the Government to realise arrear rent of Taka 40,00,000.00 from respondents who are petitioners in Writ...... 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. ..Category: Property Law | Date: | Hits: 71
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
.... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others……………………......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. ..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....udhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents ......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....n 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 ru......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. ..Category: Constitutional Law | Date: | Hits: 829
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....lopment Board hereinafter referred to as PDB” were transferred from Sylhet to various districts, namely, Jamalpur, Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer o...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....erved as follows: “In such a case the authority concerned would have remained free, so as not to disclose any reason in the retirement order, but if its action in retiring a Government servant was challenged as arbitrary, as has been done by the appellant in the present c......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)
....lip;…………..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 pro......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
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....avamen of the petitioners’ grievance is that under Article 6 of the Bangladesh Transfer of Immovable Property (Temporary Provisions) Order, 1972 (President’s Order No. 142 of 1972), the Government was a necessary party to the suit, but the High Court Division committed an error of law......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ BB Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh……………&hel.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....nd 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 posses...... an executive power, not a legislative power. Section 25A is also an executive power of the Government to accept as the basis of assessment a certificate issued by an approved pre-shipment inspection agency. Section 30 then provides that both the value and the rate of duty applicable to any imported..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....so Reported in: 49 DLR (AD) (1997) 177. ......stated in the first paragraph of the show cause notice. It is true that in 1993 the respondent was warned by letter dated 24-7-93 (Annexure-“B” in connection with alleged involvement with another agency in illegally sending workers to Malaysia. In his reply the respondent categorically stated th..Category: Constitutional Law | Date: | Hits: 192
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....vision. While the revision was pending before the High Court Division, Mr. M Shamsul Alam, Deputy Attorney-General appearing’ on behalf of the State submitted that he had instruction from the Government not to press this Rule as the Government do not like to proceed with the same. According...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....ain argument of Mr Abdur Rab Chowdhury, learned Advocate for the appellants, is based on the office Memo dated 10.8-94. This Memo is an order of the Implementation Cell of the Ministry of Finance, Government of Bangladesh stating that as per approval of the Martial Law Committee dated 26-6-83 of......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....d 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 ......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
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... ...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....p; Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessi...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....shall 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 Barg......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