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Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ..Category: Anti-Corruption Laws | Date: | Hits: 73
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. ......of the High Court Division passed in Writ Petition No. 2866 of 1998. The petitioner filed the writ petition on his own behalf and on behalf of the members of public in general styling himself as a person interested to espouse the cause of the public. He stated that Derai Bazar is situated on the..Category: Constitutional Law | Date: | Hits: 126
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. ......le 116 of the Constitution given by the High Court Division will be operative ever since the amended Article 116 is in operation…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Cour..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......nor sons of his brother were under the custody of the complainant. Appellant No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown person as a defendant and obtained a decree on 24-7-91 for disposal of the property of the minors b..Category: Criminal Law | Date: | Hits: 69
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. ......ion, Dhaka in Civil Revision No. 7343 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- The decision in this appeal turns upon the question whether any person other than a she bait can prosecute a suit as a next friend of the deity. 2. The q..Category: Family Law | Date: | Hits: 156
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......hellip;……………. Respondent Judgment May 27, 1999. The Constitution of Bangladesh, 1972 Articles 27 & 29 If some persons out of a list of persons appointed in the service of the republic and others are left out, ..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....d enquiry. It found lack of adequate precautionary measures and fixed up responsibilities. To complete the enquiry in respect of the Chief of Air Staff and the Chief of Naval Staff, a Commission of Inquiry with two Judges of the Supreme Court was then constituted. The Commission submitted its rep......r inefficiency and therefore the order dated 4-6-1991 cannot but be construed as a punishment in the garb of compulsory retirement simpliciter. Under Article 134 of the Constitution no doubt every person in the service of the Republic shall hold his post during the pleasure of the President, but..Category: Employment/Service Law | Date: | Hits: 89
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. ......ther the Administrative Tribunal had jurisdiction to entertain this application of the respondent. Section 4(2) of the Administrative Tribunals Act, 1980 reads as follows: “(2) A person in the service of the Republic or of any statutory public authority may make an applicati..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. ......nd conditions of service, the Constitution requires one to take recourse to specific remedy provided in Article 117 of the Constitution and that remedy shall have to be availed of by the aggrieved person……………………….(11) Cas..Category: Employment/Service Law | Date: | Hits: 68
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
.... from 20-5-96 and the petitioner was put into confinement on the night following 20th, May, 1996. The first and second Notifications followed thereafter. On 24-5-96 the President ordered a Court of Inquiry under Rule 157(2) of the Army Act. The petitioner was informed that he was required to be h......ision has not adverted to the issue of malafide and has decided the question of maintainability on extraneous and untenable reasons. 6. The answer to this submission is, that all military personnel, especially the post of Chief of Army Staff, which is a position of trust, hold their pos..Category: Employment/Service Law | Date: | Hits: 77
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....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. ...... work.—(1) Save as otherwise expressly provided in this Act, no worker shall be liable to work in any establishment in excess of nine hours a day and forty-eight hours a week and no young person in excess of seven hours a day and forty-two hours a week: Provided that a worke..Category: Labour and Industrial Law | Date: | Hits: 134
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....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. ......e part of Parliament. What looks indecent to others may, in fact, be constitutionally permissible ……..(8) Lawyers Involved: Dr. Ahmed Husain, Senior Advocate, in person, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represent..Category: Constitutional Law | Date: | Hits: 152
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. ......e, 1976 provides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay compensation not exceeding taka one lac for loss of life, injury to person and property and in case of damage to any other vessel and the same being realisable as a de..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....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. ......h Court Division in two days (26 and 27 August, 1998) on the eve of the annual long vacation of the Court. We were quite surprised to see from the impugned statement, coming as it does from no less a person than the Prime Minister of the country, that a Bench had disposed of 1200 cases, may be motio..Category: Others | Date: | Hits: 99
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. ......first impugned direction dated 2 1-12-96 upon the Chairman of the Board (Annexure-D) directing him to dissolve the Governing Body of the institution and form an Ad-hoc Committee for 3 months. Five persons were nominated as members of the Ad-hoc Committee with petitioner No. 3 Saber Hossain Chowd..Category: Constitutional Law | Date: | Hits: 155
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......tion of a building thereon and a building was constructed on the said plot between 1978 to 1980. The respondents have always been- in possession of the said plot and building through tenants or in, person and they have been paying Government dues, municipal taxes etc. upto 1992. The respondents d..Category: Property Law | Date: | Hits: 56
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......and directing the Magistrate to hold a judicial inquiry into the Narajee petition filed by the informant. 2. Informant Jalaluludin, Bhuiya lodged an FIR at Kashba PS on 18-10-95 86 accused persons including these four petitioners alleging that on 17-10-95 at 6-00 AM the FIR named accused..Category: Criminal Law | Date: | Hits: 66
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......No 2 allegedly made another false vendor’s agreement on 1-7-92 showing Taka 3,43,31,638.87 as the consideration, and also stating that in future the company would allot 22.000 shares to three persons including himself. Respondent No.2 made the false vendor’s agreement for his persona..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......ffer of the Government and upon making a part payment of the consideration money amounting to Taka 1,16,979.20 have been possessing the same. It is also asserted that the writ petitioner is a fake person and he is not the son of Afaq Ahmed Khan, the original lessee. They denied that the said Afa..Category: Property Law | Date: | Hits: 48
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......mplementation of the project in due time...; Sub-section (6) says that a decision given by the Board under sub-section (5) shall be deemed to be a decision given by the Government or by such other person or authority as is authorized by or entitled to give such decision under the provisions of t..Category: Business or Commercial Law | Date: | Hits: 112