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

....6(1) of Janata Bank provides for certain benefits of the General Provident Fund Scheme, Pension and death-cum-benefit Scheme and such other schemes as are admissible to the Government servant from time to time. The Rules of the Janata Bank only provide for certain benefits as are admissible to a......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

Emran Hossain Vs. State, 1999, 28 CLC (AD)

....arned Advocate appearing for the petitioner, could not point out any illegality in exercise of discretion by the High Court Division. He, however, submits that the petitioner is in jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray fo......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. ..

Category: Criminal Law | Date: | Hits: 66

Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)

....anual, 1983. Under Section 69 of the Registration Act, 1908 the Inspector General shall exercise a general superintendence over all the Registration offices in Bangladesh and shall have power from time to time to make Rules consistent with the Act. The Inspector General issued departmental instr......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)

....ontiguous east of his house and found that PW 11 Somed was being chased by accused Siraj, son of Matbar Ali, Alfaz and Hamid on the District Board Road. Somed came running to the Bichra. In the meantime, the other accused with deceased Abu and Bank being armed with deadly weapons like guns, dao,......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

Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)

.... of Assistant Judge and Family Court, Mirsarai, Chittagong for prompt dower and maintenance allowance filed by the respondent-wife is barred by 649 days and we are going to dismiss this petition as time-barred but not before we express ourselves against part of the impugned judgment dealing with ......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. ..

Category: Family Law | Date: | Hits: 158

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

.... maximum number of hours in a day or in a week that a worker shall be liable to work. If the establishment reaches a settlement with the workers in reducing the hours of work the worker’s overtime will begin from the hour when the settled hour is reached. The worker need not wait till he w......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

Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)

....ecimal of land to his nephew Dilip Kumar Dey, the son of his widowed full sister. He claimed possession in the entire suit land through bargaders as its real owner. His further case is that, at the time of solemnisation of marriage ceremony of his daughter he sold some land out of the schedule p......, 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

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

....ld not be allowed to work inconsistently, whimsically and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6)  Lawyers Involved: B Hossain, Advocate-...... 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

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

....te-on-Record, tried to make an argument that the suit was not properly valued and required Court fee was not paid. This was 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 (......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. ..

Category: Property Law | Date: | Hits: 69

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....ivision. The Bench, which heard the matter, summarily rejected the prayer for bail on 1-8-94 observing that since the senior most bench had directed the appellants to be kept in the custody at the time of admitting the Government appeal they would not interfere in the matter. Being aggrieved by ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..

Category: Criminal Law | Date: | Hits: 57

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

.... 5. Mr. Abdus Sobhan, learned Advocate appearing for the other two accused- petitioners in Criminal Petition No. 108 of 1997 argues that the trial having not been completed within the prescribed time as granted under Ordinance XIII of 1987 the conviction and sentence of the accused-petitioners...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)

....promotions for a period of 4 weeks from date and allowed the application for injunction partly with a direction to make the Rule Nisi ready for hearing and allowing the respondents one week’s time to file an affidavit-in-opposition. 4. KS Nabi learned Attorney-General moving this p......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ..

Category: Employment/Service Law | Date: | Hits: 67

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

....ons, 1979, the age of superannuation of a teacher shall be sixty years. Under Regulation 27 thereof extension may be allowed but not beyond the age of 65 years and for not more than two years at a time. Respondent No.1 was given the first extension from 1-1-91 to 31-12-92 and the second extens...... 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. ..

Category: Constitutional Law | Date: | Hits: 155

Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)

....misconceived the pleading and the implication of Order 6, rule 7 of the Code of Civil Procedure in arriving at his conclusion that the plaintiff had given a complete go by to his plaint case at the time of hearing and introduced a new case without amending the plaint. 9. Secondly, he urge......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..

Category: Property Law | Date: | Hits: 65

BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)

....rect that part of the impugned judgment and order relating to interest. Mr. Shafique Ahmed has been very fair enough to suggest that instead of going through the process of an appeal, which will be time-consuming, it will be in the interest of justice and a favour done to the lessor-respondent, ......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

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

....of the Act were once again taken. On 9 November 1964, Shah Sufi Emaduddin Ahmed Chisty who was also a claimant was called upon to produce documents in support of his claim. 3. In the meantime Shah Sufi Emaduddin Ahmed Chisty made several petitions to the Ministry of Lands for de-requis......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..

Category: Property Law | Date: | Hits: 50

Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)

...., SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease dated 19-7-66 on payment of all premium. During his lifetime late, Syed Mozaffar Hossain orally gifted the said plot to the petitioner-respondents and affi...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..

Category: Property Law | Date: | Hits: 56

Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)

....Procedure that three accused petitioners were present at the Bank on the date of occurrence for business transaction and accused-petitioner Golam Rabbani was under the treatment of a doctor at the time of occurrence and in this regard a medical report was kept in the case diary by the police off......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..

Category: Criminal Law | Date: | Hits: 66

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

....section 5 of Ordinance LIV of 1985 cannot mean a decree simpliciter that the building in question is not an abandoned property when the plaintiff admittedly was not in possession thereof at the time of filing of the suit and that the proviso speaks of an executable and/or effective decree an......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..

Category: Property Law | Date: | Hits: 48

Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)

....al duties and taxes leviable on the said consignment on the basis of the enhanced tariff value introduced by the notification dated 10-3-90. Nothing was, however, done in the matter and in the meantime different Chambers of Commerce and Industry submitted representations to respondent No. 3 pray......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..

Category: Business or Commercial Law | Date: | Hits: 99