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Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......: 51 DLR (AD) (1999) 150. ......ad Talukder & others………………………... Respondents Judgment April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove ..Category: Tenancy Law | Date: | Hits: 62
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. ......ment Manual 1980, and various other memos dated 22-5- 1975, 7-2-1977 and 23-2-1985. Instructions were issued to various departments to absorb such employees. After examining and re-examining their papers the Establishment Division prepared a list of ex-Mujibnagar employees in 1985, numbering 163...... J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner ......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)
....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 ......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
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....ry relief rightly refused to exercise their discretion in favour of the petitioners as it is unconscionable to blow hot and cold in the same 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 te......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 ……………………………......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
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....y Act. 12. Reading Articles 33, 34 and 35 of the BSRS Order it appears that there are three independent, substantive and alternative modes of recovery of BSRS dues and loans. The material and relevant portion of Article 34 is quoted below: “34. (1) Where any industrial concern which is......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)
.... and also by the Administrative Order of the appellant-company dated 1-7-86. 8. Before the High Court Division it was argued by the appellant-company that the Labour Court misconstrued the relevant agreements dated 29-10-66, 8-5-73 and 26-2-86 as well as the Circular dated 1-7-86 of the ......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......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. ..Category: Labour and Industrial Law | Date: | Hits: 134
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....try 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 Government, after examination of the relevant records and laws and considering the recommendation of the Deputy Land Reforms Commissioner......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. ......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. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....owner (v) custody of the title deeds (vi) conduct of the parties in dealing with the property after the benami transaction………(9) (ii) Intention or motive is an important relevant fact for deciding the question who is the real owner and the benamdar but intention or mot......ad his fund, motive, reasons and purpose to purchase the suit land in the benami of his minor son defendant No.1 and has been possessing the suit land since purchase keeping the title deeds and papers in his custody and possession”. 6. Upon an appeal preferred by defendant ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh......nsaction, particularly as to whether intention was to be taken as the essence of benami transaction, as was held by the High Court Division and as to whether all other elements, namely, custody of documents, subsequent conduct of the parties, sources of money, possession, etc. were of no consequ..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment ......ful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied upon as the courts below found that secondary evidence was given of those original documents………………(7) Lawyers Involved: ..Category: Property Law | Date: | Hits: 72
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... 12. Now, turning to the merit of the case we find that major portion of the Judgment deals with consideration of the oral evidence and the Judgment of the Marine Court, Ext. B which are not every relevant for our purpose. In paragraph 8 of the plaint, the plaintiff has prayed for compensations ...... price of 800 Metric Tons of wheat which belongs to the Government. The price of wheat is in fact payable by the plaintiff-bailee to the bailer-Government of Bangladesh. In the meanwhile, from the papers filed in this Court by Dr. M Zahir it appears that the Government of Bangladesh as plaintiff......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ine Court) decided the price of Vessel Al-Falah-1. the price of 800 Metric tons of wheat was decided on the basis of Exhibit 26 and also decided the costs of salvage operation though no sufficient documents were filed before the Admiralty Court. 13. It remains to be seen whether on prop..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ম্পর্কে মানুষের কোন সন্দেহ দেখা দিত না। At the hearing the reports as published ( on the aforesaid subject) in several other news papers namely, Daily Janakantha, Pratham Alo, Banglar Bani, Sangbad, Muktakantha. The New Nation wer......ithin the domain of his administration………(12) iii) There is nothing wrong on the part of the Executive to bring any matter, to the notice of the Chief Justice regarding Court’s performance and grievance, if any, entertained by it……..(10) iv) The prime minister should take more caut......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......and the administration of the institution by him are serious violations of the law and the Regulations. 11. The High Court Division upon a detailed consideration of the Regulations and the papers on record held that the extension order Annexure-G was passed by the Government in accordanc......nbsp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others………&helli...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ...... Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respondents Judgment November 12......ivision further held that the appellate Court without taking into consideration Exts. A, B, E and G produced by the defendants reversed the judgment of the trial Court only on a finding that those documents had no bearing in the case. Therefore the judgment of the appellate Court was slipshod. T..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners ......yment of rents and on receipt of dakhilas. Upon the death of his father the plaintiff became the sole owner of the suit land. Defendant No. 1 being the Tahshilder of the said Estate created certain documents for grabbing the suit land illegally. 3. Defendant No. 1 contended that the patta..Category: Property Law | Date: | Hits: 45
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... there is nothing in article 34 or in any other provision of the BSRS Order to show that it is only in respect of a claim admitted by the loanee that the authority is entitled to proceed under the relevant provisions of the order for realization of the dues. Mr. Sinha submitted that the Suit fil...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho....... On 21 October 1964, steps under Sections 5(1a) and 5(3) of the Act were once again taken. On 9 November 1964, Shah Sufi Emaduddin Ahmed Chisty who was also a claimant was called upon to produce documents in support of his claim. 3. In the meantime Shah Sufi Emaduddin Ahmed Chisty mad..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... list of abandoned property. Thereafter on an application dated 3-7-80 made by the writ petitioner the Deputy Secretary, Housing and Settlement, Government of Bangladesh directed him to submit the relevant papers and documents in support of their claim in respect of the property in question (Ann......abandoned property. Thereafter on an application dated 3-7-80 made by the writ petitioner the Deputy Secretary, Housing and Settlement, Government of Bangladesh directed him to submit the relevant papers and documents in support of their claim in respect of the property in question (Annexure &ls......bsp; Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......roperty. Thereafter on an application dated 3-7-80 made by the writ petitioner the Deputy Secretary, Housing and Settlement, Government of Bangladesh directed him to submit the relevant papers and documents in support of their claim in respect of the property in question (Annexure ‘F) and ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ......authority to revoke such licence. 6. Mr. Abdul Wahab, learned Advocate appearing for the petitioner, submits that the learned Judges of the High Court Division misread and misconstrued the documents, submitted before them, in holding that the petitioner is not a tenant in respect of the ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....nder sub-section (5) shall be deemed to be a decision given by the Government or by such other person or authority as is authorized by or entitled to give such decision under the provisions of the relevant law on the relevant subject, and such decision shall be implemented accordingly. 1......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
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