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Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

....that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 subsequent act of defendants are illegal and violation of natural justice, the defendant Nos. 1,2 and 3 fraudulently in connivance with each other to grab the valuabl......ere is a clear distinction between a case where suit appears to be barred from the statement in the plaint and a case in which the Court after consideration of the entire materials including oral and documentary evidence comes to the conclusion that the statement in the plaint is false. In the forme..

Category: Property Law | Date: | Hits: 77

Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)

....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..

Category: Labour and Industrial Law | Date: | Hits: 94

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. ......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. ..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ..

Category: Election Law | Date: | Hits: 117

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......Court Division was wrong in holding that the impugned Administrative Circular not being any rule or regulation and merely a circular for guidance of the promotion committee the same is an ordinary document validity of which can be challenged before the Administrative Tribunal. Mr. Ahmed has also..

Category: Employment/Service Law | Date: | Hits: 63

Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

....er alia, observed that personal guarantee is a very weak and uncertain security which should be avoided in the best interest of public revenue. 5. In the present case, we think the ends of justice will be sufficiently met if the impugned order is modified by substituting the personal gua......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..

Category: Business or Commercial Law | Date: | Hits: 155

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

.... appointments and past and closed transactions are validated by this Division then it will result in a public mischief and in a disaster of unimaginable proportion in the administration of criminal justice. We have therefore no hesitation in acceding to the prayer of the learned Attorney-General...... 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. ..

Category: Employment/Service Law | Date: | Hits: 72

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

.... is now well-settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secure the ends of justice. In several pronouncements, both the High Court Division and the Appellate Division had cle...... of magistrate. These two sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. These two sections have nothing to do with quashing of a proc..

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. ......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. ..

Category: Family Law | Date: | Hits: 156

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ..

Category: Property Law | Date: | Hits: 65

Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......isdiction. Although the petitioner was appointed Nikah Registrar for the above area under the provision of Ordinance, 1961, the Government was refusing to make available to him necessary papers and documents including the Marriage Register unless and until he was formally appointed by the Govern..

Category: Employment/Service Law | Date: | Hits: 69

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.   ......as restrained from making any appointment by way of direct recruitment till the writ petitioners are absorbed. No consideration was given that none of the writ petitioners except two furnished any document to show their appointment at Mujibnagar, that some of them did not attain the minimum age ..

Category: Employment/Service Law | Date: | Hits: 81

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......a bar. But in the instant case we are not satisfied that the President has exercised his power malafide. The two Reports of a Court of Inquiry and a Commission of Inquiry were confidential documents. The Court of Inquiry and the Commission of Inquiry were constituted by the Government i..

Category: Employment/Service Law | Date: | Hits: 89

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

....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

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ..

Category: Criminal Law | Date: | Hits: 59

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

....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)

....tion of the Bank. Leave was also granted to consider whether the Administrative Appellate Tribunal has reversed the judgment of the tribunal on irrelevant consideration resulting in miscarriage of justice. 8. It is not disputed before us by the respondent that on his own seeking and also......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

Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)

....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..

Category: Criminal Law | Date: | Hits: 54

Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)

....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ..

Category: Criminal Law | Date: | Hits: 61

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

.... 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