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Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....w he got appointment as teacher of Kalashkati Degree College; that he having failed to improve his result upto the extended time on 22-6-97 his suit was not maintainable and that the Government of Bangladesh having not been impleaded the suit was bad for defect of parties. High Court Division fo......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ...... Md. Moyenuddin and others……………………………… Respondents Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without gi......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..

Category: Others | Date: | Hits: 84

Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)

....K Ruma, General Secretary, BIKASH and others……………………… Respondents Judgment April 4, 2000. The Constitution of Bangladesh, 1972, Article 102 The writ-petitioner who filed the writ petition can very well ......order for discharge for non- prosecution ought not to have been made by another Division Bench in view of the fact that an order for inquiry was pending as per the order of another Division Bench. Judicial propriety and norm do not approve of such passing of order by another Division Bench when ......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..

Category: Others | Date: | Hits: 88

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

.... was totally wrong to hold that the suit was not maintainable as the transaction was past and closed…………………(11)  Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: ......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......lip;………………… Respondents Judgment March 15, 2000. The Companies Act, 1994 (XVIII of 1994), Section 91(1) (b) Articles of Association of IFIC Bank, Article 114 The power of the Board of Directors in Article 114 to re..

Category: Business or Commercial Law | Date: | Hits: 107

Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)

....dhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………….Respondent......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ...... Judgment      February 13, 2000. The General Clauses Act, 1897 (X of 1897), Section 6 The Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is ......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..

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

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

....n J   Mahmudul Amin Choudhury J     Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others……&hellip...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..

Category: Constitutional Law | Date: | Hits: 151

Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

.... Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others…………………… Respondent ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..

Category: Employment/Service Law | Date: | Hits: 70

Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

.... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment&......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ..

Category: Others | Date: | Hits: 82

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....¦â€¦â€¦Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic......) Act, 1975 have no manner of application in respect of judicial service and judicial magistracy. ………76(2) The Bangladesh Civil Service (reorganization) Order, 1980. The creation of BCS (Judicial) Cadre along with other BCS executive and administrative cadres by Bangladesh Civil Service......& 136 The President can create and establish a judicial service and also a judicial magistracy and make rules and also the rules regarding suspension and dismissal etc. These articles and the Service (reorganization and conditions) Act, 1975 have no manner of application in respect of judici......n is not very different from that given by the Indian Constitution to the Indian Subordinate judiciary and it will be profitable to quote a from a decision of the Indian Supreme Court in India Judges Association and others vs. Union of Power of the President in respect of appointments of India and o..

Category: Constitutional Law | Date: | Hits: 829

Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)

....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..

Category: Criminal Law | Date: | Hits: 63

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....bsp;                              Islami Bank Bangladesh Limited………………….Appellant Vs. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..

Category: Business or Commercial Law | Date: | Hits: 104

Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)

.... Latifur Rahman CJ BB Roy Choudhury J M Amin Choudhury J Jihad Ahmed and others……………………Petitioners Vs. Bangladesh Power Development Board and others…………….. Respondent ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... Bangladesh Power Development Board and others…………….. Respondent Judgment March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..

Category: Employment/Service Law | Date: | Hits: 90

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

....atifur Rahman CJ Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Jud......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ngladesh Bank. Bnaker amanot karider shartho khunno hoyeche .amotaobosthai sthayee committee Governor mohodoyer shodoi bibechoner jonno nimnokto prostab rakhche. 1)(ka) M/s Marshal Service er hishabe oniyomito rin shubidha prodaner madhome bank totha er amanot karider shartho bir......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..

Category: Business or Commercial Law | Date: | Hits: 116

Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)

....jurisdiction. In such a situation aggrieved party can always agitate the matter before the Election Commission. In support of his submission Mr. Faiz, placed reliance in the case of Nazir Ahmed vs. Bangladesh Election Commission & others reported in 41 DLR (AD) 87 wherein this Division has......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..

Category: Election Law | Date: | Hits: 110

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......nt of the Deputy Commissioner, Narayangonj on 2-4-98 by the father of girl. However, while granting leave to appeal on 3rd June, 1998 the accused-respondent was directed to restore the girl to the Judicial Custody from where she was released and it is reported that the order has been complied w......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ..

Category: Criminal Law | Date: | Hits: 48

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....y virtue of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Ordinance, 1987 briefly “the Ordinance’ which came into force from the date of its publication in the Bangladesh Gazette on 20-1- 87, the learned Special Judge by his Order No. 50 dated 26-2-87, reviv......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..

Category: Criminal Law | Date: | Hits: 59

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....rs Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment          June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Orde......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ..

Category: Property Law | Date: | Hits: 47

Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)

....tioner-company. On being aggrieved by this judgment of the Labour Court the petitioner moved the High Court Division under section 102 of the Constitution of the People’s Republic of Bangladesh and obtained Rule Nisi. But the same was subsequently discharged by the aforesaid judgme......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

....on (Civil) Present: Mustafa Kamal CJ BB Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ..

Category: Constitutional Law | Date: | Hits: 164