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

...., 1961 A case is not ripe for consideration by the Administrative Tribunal until the Appellate Authority passes an order on a competent appeal……(4) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner. Not rep......rk on 23-3-77 in Bogra Cantonment under the Commandant of School of Armour and Centre. He was dismissed from service on 22-4-87. On 29-6- 87, he filed a civil suit for declaration in the 1st Court of Assistant Judge, Bogra which however, he withdrew on 3-5-88 on better advice. Then on 24-5-88 he pre..

Category: Employment/Service Law | Date: | Hits: 83

Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)

....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ...... Peon of petitioner-Janata Bank at Bhurungamari Branch was terminated from service by order dated 17-8-81 passed by the Regional Manager, Gaibandha. He filed Title Suit No. 16 of 1987 in the Court of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was ill..

Category: Employment/Service Law | Date: | Hits: 98

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

....irhat. Md. Abdul Quasem the petitioner in Writ Petition No.1140 joined the then Pakistan Eastern Railway in the year 1961 in the post of Ticket Collector. Thereafter he was promoted to the post of Senior Traveling Ticket Examiner. Both the petitioners challenged the retirement scheme and confirm......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

GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)

....o notice that re-employment is not legally permissible under the Rules of the Bank. ………………….(10) Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not r......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. ..

Category: Administrative Law | Date: | Hits: 148

Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)

....t specifically when some of the accused on bail granted earlier remained absent and prayed for adjournment on that date………(4)  Lawyers Involved: Md. Hannan, Senior Advocate instructed by Md. Maul Hoque, Advocate-on-Record —For the Petitioners. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ..

Category: Criminal Law | Date: | Hits: 61

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

....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. ...... 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 Vs..

Category: Property Law | Date: | Hits: 85

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

....ure. The court cannot sit over its own judgment on re-hearing of the same points already decided without any new materials……..(8)  Lawyers Involved: Amir-ul-Islam, Senior Advocate, Supreme Court, instructed by Md Sajjadul Huq, Advocate- on-Record—For the Pe...... 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)

....3 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah Advocate-on- Record —For the Appellants. Rafique-ul-Huq, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on- Record —For the Respondent......basis of a Memo. dated 3 1-1- 95 issued by appellant No. 1, Secretary, Ministry of Law and Justice has been issued illegally and is without any legal effect. 2. The respondent serving as an Assistant in the Gulshan Sub-Registrar’s office under the jurisdiction of Gulshan Police Sta..

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

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

.... Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record — For the Appellant. Sirajul Huq, Senior Advocate instructed by Md Aftab Hossain, Advocate-on-Record — For the Respondents. ......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)

....Petition No. 6762 of 1997; Col. Md. Hasmat Ali vs. Government of Bangladesh, 47 DLR (AD) 1;  Bangladesh vs. AKM Zahangir Hussain, 34 DLR (AD) 173. Lawyers Involved: AR Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner......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

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. ......ion No. 4591 of 1995). Judgment       ATM Afzal CJ.- This petition by the defendant-husband which arises out of a Family Suit, No.35 of 1993, of the Court of Assistant Judge and Family Court, Mirsarai, Chittagong for prompt dower and maintenance allowance f..

Category: Family Law | Date: | Hits: 158

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

....p; 23).  Lawyers Involved: Khalilur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant (In both the Appeals). Rokanuddin Mahmood, Senior Advocate,(Abdul Momen Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advoca......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)

..... In view of such contradictory claim fixation of Taka one crore as bank guarantee for release of the ship cannot be interfered with…………..(4, 7 & 8). Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner M Ha......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

Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)

....state of circumstance concerning the case and the High Court Division had complete jurisdiction to exercise such discretion……(7) Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Criminal Law | Date: | Hits: 63

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

....a public purpose and vested the same in the requiring body and even if the property be utilised for different purpose, the acquisition shall not stand void.  Lawyers Involved: Serajul Huq, Senior Advocate (Rafique-ul-Huq, Senior Advocate with him) instructed by Md.  Nawab Ali, Advoca......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

Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)

....ent agency at an earlier point of time…………(6)  Lawyers Involved: B Hossain, Advocate-on-Record — For the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. ...... 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. ..

Category: Business or Commercial Law | Date: | Hits: 91

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. ......h Court Division in Civil Order No. 1629 of 1993). Judgment       Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 75 of 1989 in the Court of Assistant Judge, Dhaka. The said suit was decreed by the trial Court on 29-2.92. Against the afore..

Category: Property Law | Date: | Hits: 72

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....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. ......nt                  ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises..

Category: Property Law | Date: | Hits: 69

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....se of decency on the part of Parliament. What looks indecent to others may, in fact, be constitutionally permissible ……..(8)   Lawyers Involved: Dr. Ahmed Husain, Senior Advocate, in person, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. ......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

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

.... Ltd and another vs. Bangladesh Inland Water Transport Corporation and others 42 DLR 289; Haji Mohammad Suruj Miah vs. Haji Abul Hashem 20 DLR. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate — For the Appellant. Dr. M Za......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. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187