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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. ......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. ......ellip;………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment June 22, 1997. Th......exure “I” containing promotion criteria of officers of BSRS and the office order No. 29-96 dated 1-6-96 (Annexure “K”) promoting respondent Nos. 3-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list. 3. It was s..Category: Employment/Service Law | Date: | Hits: 63
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. ...... 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. ...... J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..Respondents Judgment June 16......anga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul Islam, Attorney-General (BR Chhana, Assistant Attorney-General with him) instructed by Sufia Khatun, Advocate-on-Re..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... be quashed…………………(8) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Shafiuddin Ahmed, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record — For Resp...... 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. ......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St......ip;………………(8) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Shafiuddin Ahmed, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1. ..Category: Criminal Law | Date: | Hits: 69
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. ......p;……….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a rule of convenience. If properties are left out in a partition suit it brooks fu......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
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
.... for getting appointment as others of the list……………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (B Hossain, Deputy Attorney-General and Bazlur Rahman (Chhana) Assistant Attorney-General with him) instructed ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner ...... of the Constitution for getting appointment as others of the list……………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (B Hossain, Deputy Attorney-General and Bazlur Rahman (Chhana) Assistant Attorney-General w..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. ......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. ......o basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry committee and the enquiry committee legally constituted, though the report has not been made public no fault ......ip;(8) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney General, (Bazlur Rahman Chhana, Assistant Attorney General with him), instructed by Md. Nawab Ali, ..Category: Employment/Service Law | Date: | Hits: 89
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. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………......breath. The case cited by Mr. Mainul Hosein is not very relevant for our purpose. In that reported decision, Ministry of Agriculture and Fisheries grant tenancy of requisitioned land under Defence (General) Registrations, 1939 and in that decision, it was held as follows: “The..Category: Employment/Service Law | Date: | Hits: 85
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. ......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. ......Senior Advocate, 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). ......ated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). Judgment Latifur Rahman J.- This appeal following leave by the General Manager, Janata Bank is against the Judgment and order dated 9-8-95 passed by the Administr..Category: Administrative Law | Date: | Hits: 148
.... 116.
......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......late Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners
......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... allowed. 2. The petitioners filed the above mentioned writ petitions contending that since the order of requisition in LA Case No 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under ...... 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. ......l) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. ...... 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
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....llip;.(11) Cases Referred to- Bangladesh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah Advocate-on- Record —For the Appe......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. ......sent: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant &nbs...... Cases Referred to- Bangladesh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah Advocate-on- Record —For the Appellants. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record — For the Appel......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........ Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record — For the Appellant. Si..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......dvocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the High Court Division in Writ Petition No. 6717 of 1997). ......bsp; Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner..Category: Employment/Service Law | Date: | Hits: 77
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144....... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
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. ......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. ......bsp; General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others ……………Respondents Judgment February 14, 1......sp; AM Mahmudur Rahman J General Manager, Jamuna Oil Company Ltd…………………&hel..Category: Labour and Industrial Law | Date: | Hits: 134
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....uld give some reason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(3) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md Sajjadul Huq, Advocate-on-Record — For the Petitione......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ......ason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(3) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md Sajjadul Huq, Advocate-on-Record — For the Petitioner. Not ..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....t did not utilise the acquired property for the purpose for which the requisition and acquisition were made. The Government in the Ministry of Land Administration and Land Reforms communicated to the Deputy Commissioner, Brahmanbaria under Memo No.Co-31/83/490 Acqn. dated 17 November 1985 that the G......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ...... Serajul Huq, Senior Advocate (Rafique-ul-Huq, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellant. Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos. 1 and 2. ..Category: Property Law | Date: | Hits: 63
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....No.1 by filing separate affidavits-in-opposition contending that if license is not given then not only respondent No.1 but Bangladesh Shilpa Bank will also suffer. 4. Mr. B Hossain learned Deputy Attorney-General appearing for the petitioners submits that there being no promise made by t...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. &......separate affidavits-in-opposition contending that if license is not given then not only respondent No.1 but Bangladesh Shilpa Bank will also suffer. 4. Mr. B Hossain learned Deputy Attorney-General appearing for the petitioners submits that there being no promise made by the Government t..Category: Business or Commercial Law | Date: | Hits: 91
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....of 1908), Order XIV rule 1 The finding of the High Court Division that the Ministry of Works having released the suit property in favour of the plaintiff and lease of the defendant from the Deputy Commissioner without approval of the Ministry of Works, the defendant had no locus standi to......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......ip;…………… Defendant-Petitioner Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ent may specify in this behalf. Explanation.—In this Article, “Member” shall include the Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposit......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. ......sp; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constitution o......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. ..Category: Constitutional Law | Date: | Hits: 152
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