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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. ......ore 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and things done and actions and proceeding taken and/or continuing, subject to the decision of an appellate/revisional authority, if any, and all past and closed transactions, all be..Category: Employment/Service Law | Date: | Hits: 72
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. ...... and order dated 28 July 1993 passed by the High Court Division, Dhaka in Civil Revision No. 7343 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- The decision in this appeal turns upon the question whether any person other than a she bait can prosec..Category: Family Law | Date: | Hits: 156
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. ......gle Judge of the High Court Division was wrong in holding that relationship of landlord and tenant between the parties exists merely relying upon the firisti, Ext. 1 and illegally interfered with the decision of the lower appellate Court and decreed the suit. He contended that a certified copy of a ..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. ...... 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 Mujibnagar in corresponding ministries in the ..Category: Employment/Service Law | Date: | Hits: 81
Category: Employment/Service Law | Date: | Hits: 83
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. ......tside the ambit of Public Servant’s (Retirement) Act, 1974, erroneously held that it is not illegal as it was a special arrangement in pursuance of impugned scheme of retirement. He cited the decision of the case of Ministry of Agriculture and Fisheries vs. Matthews reported in 1949 All En..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. ......;(2) A person in the service of the Republic or of any statutory public authority may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any ..Category: Administrative Law | Date: | Hits: 148
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....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. ......I and Class-IV employees except those designated in the Notification has no binding effect on the office of the Inspector General of Registration, because it has no force of law. He has cited some decisions in support of his submission that Circulars and Notifications have no force of law and do..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......t is of the opinion that there is a reasonable possibility that the defence put forward by the accused might be true then that opinion will reflect upon the whole prosecution case. Adverting to the decision in the case of Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280 and Enayetullah..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......ned judgment dealing with polygamy in Islam and recommending amendment in the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961) prohibiting polygamy which was totally irrelevant for a decision in the matter. 2. The trial Court decreed Taka 60,000.00 as prompt dower, Taka 4,5..Category: Family Law | Date: | Hits: 158
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.......n in granting injunction by the courts below was contrary to the special law itself. Leave was also granted to consider whether the learned Judges of the High Court Division correctly appreciated the decisions cited at the Bar and upheld the order of temporary injunction on untenable grounds. 7...Category: Business or Commercial Law | Date: | Hits: 124
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... 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. ......partment of fishing by their letter dated 27-5-92 informed respondent No.1 that the application for issuing fishing license could not be considered favourably on the plea bf the government’s decision of 1984-85 restricting introduction of new trawler in the Bay of Bengal. Ultimately, by t..Category: Business or Commercial Law | Date: | Hits: 91
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......d to the jurisdiction of the Admiralty Court in the present case, Falha Shipping Lines Ltd and another vs. Bangladesh Inland Water Transport Corporation and others reported in 42 DLR 289. In that decision, the learned Judge after an elaborate consideration of various cases in the Admiralty juri..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. ......w the correct facts. The constitution of the Bench concerned (allocation of business) was changed by the Chief Justice long before the issue of granting bail came to be discussed in the Press and the decision was taken even before 26 August 1998. The records will bear this out. The remarks of the Pr..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. ......years by a resolution dated 27-12-95. The said writ petition was rejected summarily on 5-8-96. Suppressing the said fact another teacher filed Writ Petition No. 3 126 of 1996 challenging the same decision and the Rule in the said writ petition was discharged on 2-12-96. An untoward incident co..Category: Constitutional Law | Date: | Hits: 155
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... 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. ......sp; March 31, 1998. The Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 Article 34 The alleged decision of the Civil Court as to the certificate proceeding may or may not be correct but, the sam..Category: Business or Commercial Law | Date: | Hits: 106
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....overnment has utilised the wide scope for fixing tariff value without regard to the local and international market rate of the imported goods, purely for purposes of augmenting its revenue without legislative sanction. Secondly, leave was granted to consider whether by the impugned notifications......earned Counsel for the appellants, does not press the first point on which leave was granted. 12. In support of the second contention, the learned Advocate for the appellants submitted the decisions, in the case of Collector of Customs, Chittagong and others vs. A Hannan reported in 42 ..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....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. ......…………………. Respondent Judgment November 24, 1994. The Investment Board Act, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Boa..Category: Business or Commercial Law | Date: | Hits: 112
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......College authority did not accept the same. Ultimately the respondent through his Advocate demanded justice by issuing notice dated 14-3-86 upon the College Authority giving reference of the Board’s decision dated 5-1-85. In reply thereof the college authority by their letter dated 27-9-85 informed..Category: Employment/Service Law | Date: | Hits: 79
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ...... High Court Division, Dhaka in Writ Petition No. 147 of (1991). Judgment ATM Afzal CJ.- This appeal, by leave, is from a majority decision of the High Court Division in Writ Petition No. 147 of 1991 discharging the Rule Nisi. ..Category: Constitutional Law | Date: | Hits: 191