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Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....1 (In Criminal Appeal No. 12 of 1999).  Not represented—Respondent Nos. 2-5 (In Criminal Appeal No. 12 of 1999).  Criminal Appeal No. 9 of 1998  (From the judgment and order dated June 4th, 1998 passed by the High Court Division, Dhaka in Criminal Appeal No. 1013 of 1998). ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..

Category: Criminal Law | Date: | Hits: 71

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....ructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondents. Civil Petition For Leave to Appeal Nos. 1049, 1050 & 1059 of 1997. (From the judgment and order dated June 10, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 58 of 1989 with W...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....rifuddin Chaklader, Advocate-on-Record — For the Respondent No.1. Respondent Nos. 2-8 — Not Represented. Civil Appeal No. 3 of 1996. (From the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Judgment......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..

Category: Election Law | Date: | Hits: 101

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

....nts Nos. 2-6 (In Civil Appeal No. 34 of 1998). Not represented — Respondents Nos. 2-11(In Civil Appeal No. 35 of 1998). Civil Appeal Nos. 34 and 35 of 1998. (From the judgment and order dated November 5, 1977 passed by the High Court Division in Civil Revision Nos. 1050 and 1051 of 199...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... all times disputed the claim of the Sangstha but it willfully did not disclose the actual fact that the BTMC had already paid the Sangstha the full amount of loan/dues on account of the company vide cheque No. CJD 700325 dated 30 June 1985. The auction sale was fraudulent and collusive amongst defe..

Category: Property Law | Date: | Hits: 77

SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)

....nd the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause (c) of proviso to section 138. Admittedly the peti......ppellant in presence of witnesses handed over a cheque of Taka 6,75,000.00 drawn on National Bank, that the complainant deposited the cheque on 23-12-95 in his account at Uttara Bank but the same was dishonoured on the same date, that on 24-12-95 the complainant sent a legal notice for payment of th......turn the security money to the complainant in spite of repeated demands whereupon the complainant sent a legal notice on 5-12-95, that on 21-12-95 the appellant in presence of witnesses handed over a cheque of Taka 6,75,000.00 drawn on National Bank, that the complainant deposited the cheque on 23-1..

Category: Business or Commercial Law | Date: | Hits: 145

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

....vocate-on-Record — For the Respondent No. 1. Not Represented —Respondent No. 2. Civil Petition for Leave to Appeal No. 656 of 1997. (From the Judgment and order dated 01-06-97 passed by the High Court Division in Writ Petition No. 1778 of 1991) Judgment:......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

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

....Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 passed by the High Court Division in First Miscellaneous Appeal No. 144 of 19...... 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)

.... Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record— For Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 505 of 1997. (From the judgment and order dated May 20, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 2081 of 1996). ......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. ......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. ..

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

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

.... Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. 405 of 1999. (From the judgment and order dated 17-2-1999 passed by the High Court Division, Dhaka in Writ Petition No. 576 of 1999). J......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. ......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)

....…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and thing...... 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. ...... 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)

....by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1. Ex-parte — Respondent No. 2. Criminal Appeal No. 19 of 1997 (From the Judgment and order dated 30-3-95 passed by the High Court Division in Criminal Revision No. 1907 of 1992). Judgm...... 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. ......ppressing the truth and practicing fraud upon the Court. The Court permitted the transfer and directed appellant No. 1 to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After obtaining fraudulently such permission all the accused-appellan..

Category: Criminal Law | Date: | Hits: 69

Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

....Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 1996. (From the judgment and order dated 28 July 1993 passed by the High Court Division, Dhaka in Civil Revision No. 7343 of 1991). ......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

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

....f the Court), instructed by Moulavi Md. Wahidullah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 212 of 1999. (From the Judgment and order dated 13-1-99 passed by the High Court Division in WP No. 1714 of 1998). Judgment  ......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. ......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. ..

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

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

....8 to 454 of 1999 and 456 of 1999. Judgment       Mustafa Kamal J.- It all began with the Establishment Division’s Memo No. Ed (M-1) 12/72/-5 dated 28-3-1972 stating the Government decision to absorb all employees appointed afresh at Mujibn......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ..

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

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

....ssistant Attorney General with him), instructed by Md. Nawab Ali, Advocate-on- Record — For the Respondent. Civil Review Petition No. 08 of 1994. (From the judgment and order dated 23-11-1993 passed by this Court in Civil Petition for Leave to Appeal No. 78 of 1992). ......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. ......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. ..

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

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

....-Record — For the Appellant. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 678 of 1994. (From the Judgment and order dated August 7, 1994 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 58 of 199......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

Ishaquddin Ahmed Vs. Commandant, School of Armour & Centre, Bogra Cantonment, Bogra & others, 1999, 28 CLC (AD)

....structed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 282 of 1991. (From the Judgment and order dated May 31, 1991 passed by the Administrative Appellate Tribunal in Appeal No. 51 of 1989) Jud......hority passes an order on a competent appeal. We therefore find no ground for ultimate interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 144. ......hority passes an order on a competent appeal. We therefore find no ground for ultimate interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 144. ..

Category: Employment/Service Law | Date: | Hits: 83

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

....-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993). Ju......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. ......th the money of repair grant. On 30-6-78, an amount of Taka 15,000.00 was deposited in that account and since then accused Minhazuddin and PW Muslimuddin would deal with that fund. Previously the cheque book had been lying with Muslimuddin but on 9-1-81 accused Minhazuddin took the said cheque ..

Category: Criminal Law | Date: | Hits: 59

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

....h the petitions). Not Represented — the Respondents (In both the petitions). Civil Petition for Leave to Appeal Nos. 130 and 131 of 1998. (From the Judgment and order dated 30-10-97 passed by the High Court Division in Writ Petition Nos. 1139 and 1140 of 1997). ......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)

....ocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented — The Respondent. Civil Appeal No. 4 of 1996. (From the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). Jud......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