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Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)

....…………………. Appellant               Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgme......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ..

Category: Administrative Law | Date: | Hits: 144

Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)

....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......tle Suit No. 16 of 1987 in the Court of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was illegal and for reinstatement in service on payment of arrears dues. The Bank Employees Federation called strike throughout the country on 9-9-81. The respondent d..

Category: Employment/Service Law | Date: | Hits: 98

Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

.... Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Communi......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..

Category: Employment/Service Law | Date: | Hits: 85

GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)

....89 of BSR Part 1. Rule 16(1) of Janata Bank provides for certain benefits of the General Provident Fund Scheme, Pension and death-cum-benefit Scheme and such other schemes as are admissible to the Government servant from time to time. The Rules of the Janata Bank only provide for certain benefit......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. ......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. ..

Category: Administrative Law | Date: | Hits: 148

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

....oy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and others .............Respondents Judgment November 8, 1998....... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 69

Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)

.... (Civil) Present: Mustafa Kamal J Latifur Rahman J       Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………&h......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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 68

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....Rouf J                   Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ……………&he......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

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

....nbsp;             August 25, 1998.     Cases Referred to- Major (retired) AFM Hafizur Rahman vs. the Government of Bangladesh, 29 DLR 34, Rear Admiral AA Mostafa vs. The Government of Bangladesh, 46 D......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

Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)

....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......uivalent to Taka 2,060 million) and Taka 6 lac in local currency was sanctioned to the respondent-company. The respondent, it is alleged, despite repeated requests and reminders did not liquidate the dues/overdue amounting to Taka 25,567 million. 4. The respondent instituted Money Suit No.5 of 1..

Category: Business or Commercial Law | Date: | Hits: 124

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

....signed on the 8th May, 1973 between the Management of Jamuna Oil Company Ltd, the successor of Pakistan National Oils Ltd and the Collective Bargaining Agent in presence of the Director of Labour, Government of the People’s Republic of Bangladesh, Dhaka in which it was agreed upon in respe......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

Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)

.... cost. 2. Mr. B Hossain, learned Deputy Attorney-General, submits that no particular reason has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public pr......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Property Law | Date: | Hits: 64

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Result: ......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. ......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. ..

Category: Property Law | Date: | Hits: 63

Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)

.... question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Government could not be ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..

Category: Business or Commercial Law | Date: | Hits: 91

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....ischarged by the impugned judgment and order dated 14 March 1995 with a compensatory cost of Taka 3,000.00 against the defendant-petitioner for his high handed conduct who being an officer of the Government was found “unnecessarily harassing” the plaintiff in flagrant violation of t......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..

Category: Property Law | Date: | Hits: 69

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

.... import free of customs duty, sales tax, development surcharge and import permit fee during the whole of his term of office, one car or jeep of such specification, and on such conditions, as the Government may specify in this behalf. Explanation.—In this Article, “Membe......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

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

.... vessel MV Al-Falah-1, plaintiff No. 2 was owned by plaintiff No. 1 Al-Falah Shipping Lines Ltd., a public limited company. The vessel was carrying 800 metric tons of wheat in bulk belonging to the Government of Bangladesh from Chittagong to Narayanganj on 25-1-85. Defendant No. 1-appellants Oil......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. ......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. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

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

....taken even before 26 August 1998. The records will bear this out. The remarks of the Prime Minister, however, give the impression that the constitution of the Bench was changed at the instance of the Government which is not correct. 12. The Chief Justice has felt extremely uneasy over the remark......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

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....actice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the Deputy Commissioner concerned to take the acquitted persons in ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)

....implementing inter se seniority as per Annexure-C and without laying down the principles and guidelines for promotion from the grade of Joint Secretary to that of Additional Secretary and above the Government-petitioner has been arbitrarily promoting some Officers of erstwhile EPCS and CS by pic......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ..

Category: Employment/Service Law | Date: | Hits: 67

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

....sp;            November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection of the affairs of the Board, not of individual scho...... 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. ..

Category: Constitutional Law | Date: | Hits: 155