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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....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. ...... 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 is to see whether the person is being detained without lawful authority or in an unlawful manner. The authority can never..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....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. ......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
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......right nor failure of the requiring body to utilize the acquired land within 3 years from the date of acquisition as per government decision creates any legal or constitutional right in favour of a person claiming release of such land…………………&hellip..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....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. ......said property fell to the share of Md Siddique Jamal, father of the respondent, and Ibrahim Siddique Jamal who bequeathed the said property to the respondent. He had since been possessing the same personally occupying a part thereof and the rest through his tenants. The property was requisitione..Category: Property Law | Date: | Hits: 73
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....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. ......edy and as such in spite of such remedy being available in the matter under any law a writ petition for enforcement of any of the fundamental rights appears to be maintainable. But if an aggrieved person files a writ petition avoiding alternative remedy available to him in the matter invoking an..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....ongly held that the petitioner admitted his guilt, that the finding of the Administrative Tribunal that the charges brought against the petitioner were clearly in conflict with the findings of the Inquiry Officer were not reversed by the Administrative Appellate Tribunal. He also submits that th...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......he harboured grudge against the victim as he himself loved Mokseda and want her to sever connection with victim. Informant suspected that out of that enmity his brother was murdered by the accused persons. 3. Defence of the appellant and other convicted accused was that they are innocent..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....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. ......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
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....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. ......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
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....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. ......candidature has been specifically given to the Board of Directors in the said Article or any other Article. Under the garb of recommendation Board of Directors cannot reject the candidature of any person for the election to the office of the director of the Bank…………&h..Category: Business or Commercial Law | Date: | Hits: 107
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. ......nbsp; August 8, 1999. The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he ..Category: Constitutional Law | Date: | Hits: 151
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....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. ......nder article 102 of the constitution variation of population of constituencies can not be resolved as it requires adjudication on facts on evidence. Chairman of a pourashava can not be an aggrieved person within the meaning of article 102 of the constitution because of gazette notification relat..Category: Others | Date: | Hits: 82
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. ...... Bangladesh Civil Service. Article 133 cannot be invoked for the judicial officers as there are separate provisions for them in Articles 115 and 116 of the Constitution. Judicial officers are not persons in service of the Republic for the purpose of Article 133 and hence the Rules regarding th..Category: Constitutional Law | Date: | Hits: 829
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....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. ......ials before the Standing Committee to make such a recommendation. He also contended that the “opinion” under the proviso to section 46(2) must be a reasonable opinion which a reasonable person might form on the basis of some materials and in that view of the matter High Court Divisio..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....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. ......years and further upon its own (expert) opinion of the X-ray report that “Lata Rani is about to attain the age of 18 years.” The case has been dealt with as if the detention of an adult person in Jail Custody was the only matter for consideration for the court. The respondent who was ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......ked Hafizuddin Sarker Hearing hue and cry of deceased Hafizuddin Sarker some witnesses who are near relations of the deceased rushed to Raghunathpur Bazar to rescue the victim. At this the accused persons chased the witnesses whereupon the informant and other witnesses hid themselves and saw the..Category: Criminal Law | Date: | Hits: 61
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. ......Dosta Textile Mills Ltd. Ranirhat, Feni and ors vs. Sudhansu Bikash Nath reported in 40 DLR (AD) 45. It has been held in this decision that mere designation is not sufficient to indicate whether a person is a ‘worker’ or an ‘employer’, but it is the nature of the work sho..Category: Labour and Industrial Law | Date: | Hits: 138
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......atu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly there is an inordinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused persons in Court lock up before the identification in the T I parade. In view of the Police Regulat..Category: Criminal Law | Date: | Hits: 92
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. ......tunity for the respondent to make a proper representation of his case. Mr Ahmed submits that serving of a mere notice without tangible allegation of facts giving particulars and thereby depriving the person accused of an effective opportunity to defend himself does pot satisfy the test of proper obs..Category: Constitutional Law | Date: | Hits: 192