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

....) (1999) 221.......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R......CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent ...... 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...

Category: Property Law | Date: | Hits: 77

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Constitution of Bangladesh, 1972, Article 102 The Ferries Act, 1885 (I of 1885), Section 5 Findings ......ellip;….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Const...... A M Mahmudur Rahman J    Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……&......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..

Category: Constitutional Law | Date: | Hits: 126

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....llip;……………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents ......ellip;………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment June 22, 1997. Th......p;…………………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respo......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)

.... SARC Enterprise…………………………………. Respondents Judgment May 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak ......                      AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise…&......bsp;           AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise……………………&hellip......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)

.... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitio...... 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...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..R...... 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

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

....Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………..Respondents ......man J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………..Respondents Judg......l J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others…………………….......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)

....tafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner ...... J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner ......Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………&helli......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)

....tifur Rahman J   Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka…………......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 ......p; Latifur Rahman J   Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka……&he......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

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

....resaid case before the Administrative Tribunal on 5-7-88. 3. Mr. Md. Fazlul Karim learned Advocate for the petitioner submits that the petitioner is a civilian employee in the Defence Services of Bangladesh. As per the Civilian Employees in Defence Services (Classification, Control and Appeal) R...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner Vs. Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ……….Respondents ......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner Vs. Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ……….......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)

....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. ......dvocate on-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)......nbsp;               State…………………………... Petitioner Vs. Md. Minhazuddin Khan... ……………………&hell......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. ..

Category: Criminal Law | Date: | Hits: 59

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

....J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Communications, Rail way Division and others&h...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………......dur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministr......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

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

.... Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and others .........l) Present: ATM Afzal CJ     Latifur Rahman J   Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. ......sp;  Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and o...... 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)

.... Present: Mustafa Kamal J Latifur Rahman J       Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appella......sent: Mustafa Kamal J Latifur Rahman J       Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant &nbs......bsp; Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant     Vs. Mohammad Faruque ……………..Respondent Judgment ......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. ..

Category: Employment/Service Law | Date: | Hits: 68

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....nbsp;           Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. ...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........ikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………&h......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....p;          Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent Judgm......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). ......sp;            Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent ......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. ..

Category: Employment/Service Law | Date: | Hits: 77

Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)

....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.......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)

....gement of Jamuna Oil Company Ltd, the successor of Pakistan National Oils Ltd and the Collective Bargaining Agent in presence of the Director of Labour, Government of the People’s Republic of Bangladesh, Dhaka in which it was agreed upon in respect of working hours/days in a week that the ......bsp; General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others ……………Respondents Judgment February 14, 1......           General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others …………......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

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....d a written objection against the petition for arrest. The case of the defendant is that no certificate was issued by the Master and Chief Officer of the vessel and that a survey conducted by the SGS Bangladesh Limited showed a damage to the cargo to the extent of Taka 6,17,959.00 only. The plaintif...... Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgment February 2, 1999. Result: The petition is ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgm......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)

....late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitione......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 ......tifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others …………......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. ..

Category: Property Law | Date: | Hits: 64

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....amal 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. Result: The appeal is...... 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. ......vision (Civil) Present: 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 ......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