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Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....est of justice may recount ballot papers for proper resolution of an election dispute. But in order to make out a case for recounting the person who challenges the counting has to prove that at the time of counting of votes by the presiding officer a contesting candidate or his election agent upo......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....id amended paragraphs. For the present purpose paragraph 14A may be noticed which has been quoted in the relevant judgment of the High Court Division. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that ...... 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
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
.... of 1898), Section 561A In order to make a person liable under section 138 of the Act the payee has to comply with the requirements under that section and the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
.... on a similar question of law is pending in Writ Petition No.1236 of 1995. It is further contended that the petitioner like other boatmen who are owners of boats has acquired a customary right from time immemorial in the nowka ghat in question and the High Court Division fell in error in not con......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
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... 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. ......writ petition Md. Shahiduddin Ahmed, then Chief Metropolitan Magistrate, Dhaka, had been holding the said office and had been exercising judicial functions in terms of Notification No. Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates to the said respondent and 13-11-1998 B..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....s and 4 sisters as his heirs. Soon after the death of his brother appellant No. 1 re-married appellant No. 2 and are living together as husband and wife by swearing an affidavit dated 18-2-90 at a time when the minor sons of his brother were under the custody of the complainant. Appellant No. 1 ...... 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. ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....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. ......m Chandra Chakraborty illegally disallowed the prayer of Pradip Kumar Chakraborty to represent the deity as a next friend. He submits that both the Courts below failed to realise that in a case of appointment of a next friend of a deity upon the death of the existing shebait /next friend any per..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....ere are specific situations calling for relaxation. They are generally (a) where different portions of the property lie in different jurisdictions or (b) when some portion of the property is at the time incapable of partition, or (c) when the property from its nature is impartible, or (d) when p......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....nted Nikah Registrar under section 5(2) of the Muslim Family Laws Ordinance, 1961, briefly, Ordinance, 1961, on 3rd May 1971 for the Cantonment Area and all the wards of Juarshahara Union. At that time, the present Gulshan Area was within Juarshahara Union Parishad. Thereafter on 25th May, 1972......cuments including the Marriage Register unless and until he was formally appointed by the Government under the Qazi Act, 1880. The petitioner, therefore, approached the Ministry with his letter of appointment dated 25-5-72, whereupon the Ministry issued another letter of appointment on the 6th M..Category: Employment/Service Law | Date: | Hits: 69
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting appointment as others of the list……………..(6) L..Category: Employment/Service Law | Date: | Hits: 81
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
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