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Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

.... 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....... 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....... 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.......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R..

Category: Property Law | Date: | Hits: 77

Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)

....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......t approval of the concerned magistrate” as a public servant have been proved and so the learned Judge ought not to have acquitted him of that charge……….(8) Lawyers Involved: Md. Marfat Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner Not repres......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and sentenced under section 466 he cannot again be convicted and sentenced under section 471 of the ..

Category: Anti-Corruption Laws | Date: | Hits: 73

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....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. ......tated that a re-tender notice was given on 11-4-95 by respondent No. 2 inviting tenders of some other similar ghat including the present ghat for the year 1402 BS and against that order one Shahed Ali moved in Writ Petition No.1236 of 1995 before the High Court Division and obtained a Rule Nisi ......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. ......ellip;….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Const..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ......) of the Code of Civil Procedure…….(9)  Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Abdur Razzak, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Amirul Islam, Senior Advocate instruc...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ......du Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner Vs. Sudhangshu Shekhar Halder and others…………………Respondents Judgment ..

Category: Election Law | Date: | Hits: 117

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......within the competence of the Administrative Tribunal to entertain the grievance of the petitioner.…(9)  Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioner. AKM Nazrul Islam, Advocate, instructed ......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......ellip;………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment June 22, 1997. Th..

Category: Employment/Service Law | Date: | Hits: 63

Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

....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. ......stoms vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. ......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. ......                      AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise…&..

Category: Business or Commercial Law | Date: | Hits: 155

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. ...... 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. ...... 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. ...... J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..Respondents Judgment June 16..

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. ......t. The order of filing a petition of complaint by the complainant is liable to be quashed…………………(8)  Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Shafiuddin Ahmed, Deputy Attorney-Gener...... 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. ......sp;                        Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St..

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. ......es Referred to- Pran Gopal Jiew Bigraha vs. Malika Begum &others, 25 DLR 387; Kishore Joo vs. Guman Behari Joo Deo, AIR 1978 All 1; Radhabai vs. Chimnaji, (1878) ILR 3 Born 27; Zafaryab Ali vs. Bakhtawar Singh (1883) ILR 5 All 497; Chidarnbaranatha Thambiran vs. PS Nallasiva Mudaliar,......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. ......p;………Respondents Judgment May 5, 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..

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. ......Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Abdur Razzaq, Advocate, instructed by Md Nowab Ali, Advocate-on-Record— For the Petitioner. Rafiqul Islam Miah (appeared with the l......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. ......man J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………..Respondents Judg..

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

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......………(10) Lawyers Involved: Mansur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record —For the Respondent. Civil Appeal No. 121 of 1997. (From the Judgme......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......: 51 DLR (AD) (1999) 150. ..

Category: Tenancy Law | Date: | Hits: 62

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. ......Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney General, (Bazlur Rahman Chhana, Assistant Attorney General with him), instructed by Md. Nawab Ali, Advocate-on- Record — For the Respondent. Civil Review Petition No. 08 of 1994. ......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. ......o basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry committee and the enquiry committee legally constituted, though the report has not been made public no fault ..

Category: Employment/Service Law | Date: | Hits: 89

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

....hority passes an order on a competent appeal. We therefore find no ground for ultimate interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 144. ......ration 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 represented — the Respondents. Civil P......hority passes an order on a competent appeal. We therefore find no ground for ultimate interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 144. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner Vs. Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ……….Respondents ..

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

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. ......able doubt………………………(4 & 5). Lawyers Involved: B Hossain, Advocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No......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. ......dvocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993)..

Category: Criminal Law | Date: | Hits: 59

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

....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. ......ly 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 represented — The Respondent. ......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. ......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented — The Respondent. Civil Appeal No. 4 of 1996. (From the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). ..

Category: Administrative Law | Date: | Hits: 148

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. ......tate…………………….. Respondent Judgment April 1st, 1998. Lawyers Involved: Golam Mohiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. ......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. ......y Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the High Court Division in Criminal Appeal No. 149 of 1998). ..

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. ......ns 19(a) and 19(f) of the Arms Act………………………(5)  Lawyers Involved: MA Wahab Miah, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record—For the Petitioners. Not represented— The Respondent. ......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. ......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J   Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs. &..

Category: Criminal Law | Date: | Hits: 54

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

....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. ......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. ......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. ......sent: Mustafa Kamal J Latifur Rahman J       Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant &nbs..

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

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

....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......0 AM on hearing hue and cry of his brother PW 11 Abdus Somed he along with is brethren deceased Ahad, Azimuddin, Chan Miah, Suruj, PW 3 Alauddin, PW 4 Somraj, PW 6 Khurshid Miah, PW 7 Hashim, PW 8 Alimuddin and PW 9 Md A Hakim rushed to his Bichra (adjunct to the homestead of PW 1) contiguous ea......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………....

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....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. ......29 DLR 34, Rear Admiral AA Mostafa vs. The Government of Bangladesh, 46 DLR (AD) 43, Lieutenant General Moinul Islam Chowdhury, decided on 23-10-97, Writ Petition No. 6762 of 1997; Col. Md. Hasmat Ali vs. Government of Bangladesh, 47 DLR (AD) 1;  Bangladesh vs. AKM Zahangir Hussain, 34 DLR ......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. ......dvocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the High Court Division in Writ Petition No. 6717 of 1997). ..

Category: Employment/Service Law | Date: | Hits: 77