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Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)

....K Ruma, General Secretary, BIKASH and others……………………… Respondents Judgment April 4, 2000. The Constitution of Bangladesh, 1972, Article 102 The writ-petitioner who filed the writ petition can very well ......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. ......sion (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Novartis Foundation for Sustainable Development………………………&......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

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

.... was totally wrong to hold that the suit was not maintainable as the transaction was past and closed…………………(11)  Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: ......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..

Category: Property Law | Date: | Hits: 64

Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)

....dhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………….Respondent......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......ited, Chittagong, on 25 August 1992 he received a notice from respondent No. 3, Chief Personnel Officer of the Corporation that he had committed irregularities regarding purchase of machinery parts for overhauling and repairing of Mill No. 1 under purchase order dated 20 January 1990 when he was......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..

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

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

....n J   Mahmudul Amin Choudhury J     Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others……&hellip...... 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. ...... 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 who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1).  Cases R...... 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

Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

.... Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others…………………… Respondent ......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. ......vernment Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is not acceptable.  ......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)

.... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment&......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. ...... Advocate-on-Record — For the Petitioner Mahmudul Islam, Attorney-General, instructed by Md. Amir Hossain, Advocate-on-Record — For Respondent Nos. 1 & 2. Petition for Leave to Appeal No. 1353 of 1999. (From the judgment and order dated 21-7-1999 passed b......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)

....¦â€¦â€¦Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic......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. ......cutive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a c......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

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....bsp;                              Islami Bank Bangladesh Limited………………….Appellant Vs. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......om the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..

Category: Business or Commercial Law | Date: | Hits: 104

Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)

.... Latifur Rahman CJ BB Roy Choudhury J M Amin Choudhury J Jihad Ahmed and others……………………Petitioners Vs. Bangladesh Power Development Board and others…………….. Respondent ...... 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. ...... March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public interest and for effective maintenance of service discipline transfer order can be passed as provided in the Ser...... 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)

....atifur Rahman CJ Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Jud......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. ...... The Banking Companies Act, 1991 (XIV of 1991), Section 46 In view of the inspection report and recommendation of the standing committee it cannot be said that there was no material before the respondent no. 1 to form the opinion concerning the appellant or that the said opinion was......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)

....jurisdiction. In such a situation aggrieved party can always agitate the matter before the Election Commission. In support of his submission Mr. Faiz, placed reliance in the case of Nazir Ahmed vs. Bangladesh Election Commission & others reported in 41 DLR (AD) 87 wherein this Division has......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. ...... election of the Chairman of No. 7 Magalgaon Union Parishad, Sylhet. 2. The short fact leading to this appeal is that, respondent AKM Abdullah contested the election of the Chairman of the aforesaid Union Parishad held on 29-12-1997 and the polling of all centres were held peacefully and ......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

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....y virtue of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Ordinance, 1987 briefly “the Ordinance’ which came into force from the date of its publication in the Bangladesh Gazette on 20-1- 87, the learned Special Judge by his Order No. 50 dated 26-2-87, reviv......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......, Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment A......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..

Category: Criminal Law | Date: | Hits: 59

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....rs Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment          June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Orde......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. ......d: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 p......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

Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)

....tioner-company. On being aggrieved by this judgment of the Labour Court the petitioner moved the High Court Division under section 102 of the Constitution of the People’s Republic of Bangladesh and obtained Rule Nisi. But the same was subsequently discharged by the aforesaid judgme......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. ......dique, Advocate-on-Record— For the Petitioner. Waliul Islam, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 779 of 1998. (From the judgment and order dated 3-5-1998 passed by......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. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

....on (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………………………...Petitioner .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ......llip;….………………Respondents Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the dis.......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

Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)

....hers…………………………………….Respondents Judgment November 21, 1999. The Constitution of Bangladesh, 1972, Article 103 A party should not be heard on a ground on which leave was not......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......ho refused to accept the cost of Taka 1000.00 beyond the time set down by him, while sending the case on remand. 2. The plaintiff, now respondent No. 1, instituted Title Suit No. 261 of 1991 for specific performance of a contract for sale. An Assistant Judge of Dhaka decreed the suit agai......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..

Category: Property Law | Date: | Hits: 59

Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......;  November 21, 1999. The Code of Civil Procedure, 1908 (V of 1908), Section 2(2) The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Ad...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..

Category: Property Law | Date: | Hits: 57

Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)

....p;………..petitioners Vs. Abdur Jabbar Dewan and others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the p...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ......dents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4)  Lawyers Involved: Khandker Mahbubuddi...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ..

Category: Property Law | Date: | Hits: 73

University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)

....;…. Petitioner vs. Professor AK Monwaruddin Ahmed………………….Respondent Judgment February 5, 1997.  The Constitution of Bangladesh, 1972, Article 103 The Dhaka University Order, 1973 (President’s Order No. ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......- Record—For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record. —For the Respondent. Civil Petition for Leave to Appeal No. 239 of 1995. (From the Judgment and Order dated 11-1-95 passed by t......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..

Category: Constitutional Law | Date: | Hits: 201

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. ...... 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. ......est and so is the case with Fatu 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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 92