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Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In order to maintain a petition as public interest litigation the petitioner must satisfy the court that he has sufficient interest and cont......e High Court Division and obtained a Rule Nisi and an order restraining the respondents from collecting tolls. The said Rule is pending for disposal. The petitioner further stated that neither the State Acquisition and Tenancy Act 1951 nor the Local Government (Zilla Parishad) Act 1988 provides ..Category: Constitutional Law | Date: | Hits: 126
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....y 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak and uncertain security which should be avoided in the best interest of public revenue and bank guarantee should be ensured…………&hel......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)
....e/revisional authority, if any, and all past and closed transactions, all before 16-6-1999 are hereby ratified and confirmed and are declared to have been validly made, done or taken in the public interest……..(12) Cases Referred to- Chandra Mohan vs. the State o......re hereby ratified and confirmed and are declared to have been validly made, done or taken in the public interest……..(12) Cases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 90..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. State another ………………………….Resp..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any interest, in that position a devoted pujari and worshipper of the deity who offered himself as a ne......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. ..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....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. ......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
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. ...... Inquiry and a Commission of Inquiry were confidential documents. The Court of Inquiry and the Commission of Inquiry were constituted by the Government in exercise of the investigative power of the State to inform itself as to the state of affairs when cyclonic storm and tidal bore hit the countr..Category: Employment/Service Law | Date: | Hits: 89
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. ...... State…………………………... Petitioner ..Category: Criminal Law | Date: | Hits: 59
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....in monetary and other financial benefits. There was no compulsion on any of the petitioners to accept the special scheme of retirement. The petitioners finding the scheme to be beneficial in their interests applied in the prescribed form and got the retirement. The petitioners themselves accepte......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
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ...... BB Roy Choudhury J Emran Hossain…………………………..Accused-Petitioner vs State…………………….. Respondent Judgment ..Category: Criminal Law | Date: | Hits: 66
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......nbsp; Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs. State…………………...Respondent Judgment: &..Category: Criminal Law | Date: | Hits: 54
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....and 5(3) of the Act upon the petitioners. 5. Upon appeals this Court found fault with the judgment of the High Court Division and set it aside mainly on the ground that the predecessor-in- interest of the petitioners having been notified under sections 5(1a) and 5(3), the petitioners wer...... 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)
....r to transfer the Head Assistant, Sadar registration offices and also other clerical staff both of Sadar and Mufassil offices of a district from one office to any other office in Bangladesh in the interest of public service and efficient administration. The Registration Department, though under ......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)
....erious doubt as to the bonafide of their (the evidence of PWs) truthfulness and, as such, does not appeal to our reason.” Moreover, the High Court Division held, all the PWs are partisan and interested and, as they say, they have enmity with the accused party, so their testimony as a rule ......nbsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh &hell..Category: Criminal Law | Date: | Hits: 80
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
.... 9. This argument is also misconceived because on balance the inconvenience of the informant and his victim brother is much higher than that of the accused-petitioners. Besides, they have also an interest in seeing that the eye witnesses to the occurrence are brought to Dhaka from Barisal and,......ccused-petitioners, submits that the petition was not maintainable because a petition under section 526 Cr.P.C. can only be moved by the parties to the case, i.e. by the accused-petitioners and the State. The informant and his victim brother being merely witnesses have no locus standi to file the..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....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. ......84 of 1998. Judgment ATM Afzal CJ.- For the purpose of disposing the only contention raised in this petition it will be sufficient to notice that the petitioner-State by filing Writ Petition No. 5228 of 1996 unsuccessfully challenged the judgment and order dat..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....epers and also earning revenue for the purpose of public utility. Any purpose which benefits the public or a section of the public is a public purpose…….. If the purpose serves some public use or interest as opposed to the particular interest of an individual the purpose is public……………......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)
....tuted the suit stating, inter alia, that he had purchased and taken settlement of a part of schedule 1 land in the benami of his elder son defendant No.1 with his own money for his own benefit and interest when defendant No.1 was a minor. He had also taken pattan of schedule 2 land with his own ......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....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. ......e Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposition, Ministers of State, the Whips and Deputy Ministers who are Members of Parliament.” (The Explanation was s..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....ed a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinterested eye-witnesses to the occurrence and relying upon their testimony held that the oil tank......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