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....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.
......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.
..
Category: Property Law | Date: | Hits: 85
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....o binding force of law. Under the Rules of 1975 it is provided in Chapter III, Rule 9 that “No Ministry shall issue or authorise any orders, other than orders, in pursuance of any general or special delegation made by the Ministry of Establishment, which involve (V) a change in the terms a......y Shamsul Haque Siddique, Advocate-on- Record —For the Respondent. Civil Appeal No. 25 of 1997. Judgment Mustafa Kamal J.- This appeal by leave by the respondent-appellants is from the judgment and order dated 7-8-96 passed by a Division..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
.... evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see if sufficient direct evidence is there or not. If not, motive may be a matter for consideration, especially when the case is based on circumstantial evidence……(22) Cases ...... RI for 2 years was also confirmed. This judgment of the High Court Division has been reported as the case of Tenu Mia and others vs State, 43 DLR 633. 3. State has preferred this appeal by leave against the alteration of conviction of accused- respondent Nos 1-6 and their reduction of s..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....t adverted to the issue of malafide and has decided the question of maintainability on extraneous and untenable reasons. 6. The answer to this submission is, that all military personnel, especially the post of Chief of Army Staff, which is a position of trust, hold their posts during th......f, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-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 Hi..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. ......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
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being spe......o. 46 of 1997 (From the Judgment and order dated 27-2-97 passed by the High Court Division in First Miscellaneous Appeal No. 23 of 1996). Judgment Latifur Rahman J.- This appeal following leave, at the instance of Bangladesh Shilpa Rin Sangstha appellant is against the judgment and order..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....urs of work including overtime in a week shall not exceed sixty in the case of an adult and fifty-two in the case of a young person: Provided further that the Chief Inspector may, in special circumstances, grant exemption from the provisions of this section to an establishment or ......ong) and Writ Petition No. 1454 of 1991 (Dhaka)/Writ Petition No. 43 of 1988 (Chittagong). Judgment Mustafa Kamal J.- These two appeals by leave by the writ petitioner-company is from the judgment and order dated 23-6-94 passed by a Divi..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....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. ......ullah, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 69 of 1999. Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order dated 14-1-99 passed by t..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....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. ......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
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. ......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. ..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....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. ......46 of 1993. (From the judgment and order dated 11 November 1991 of the High Court Division in Writ Petition No. 498 of 1987) Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by way of leave arises out of the judgment and order dated 11 November 1991 passed by a Division Bench of the ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., 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. ...... Md. Abdur Rouf J.- Bina Rani, the wife and Bhulu Chandra Dey (defendant No. 2), son of deceased sole plaintiff Hiron Chandra Dey, have preferred this appeal on leave from the judgment and decree of the High Court Division dated 25-7-94 passed in First Appeal ..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... 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. ......in, Advocate-on-Record — For the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by the H..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. ......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. ..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. ......conduct who being an officer of the Government was found “unnecessarily harassing” the plaintiff in flagrant violation of the law. Now this petition by the defendant-petitioner seeking leave to appeal from the impugned judgment. 2. Material facts of the case are that the plai..Category: Property Law | Date: | Hits: 69
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. ...... Petition No. 912 of 1993 which was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 17-6-93, from which the petitioner has preferred this petition for leave to appeal, a certificate under Article 103(2)(a) of the Constitution having been refused by t..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
......Respondents Judgment May 8, 1999. The Courts of Admiralty Act, 1861 The Inland Shipping Ordinance, 1976, Section 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Proce......, instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondents. Civil Appeal No. 23 of 1994. Judgment Latifur Rahman J.- This appeal by leave by Bangladesh Inland Water Transport Corporation- defendant No. 1 is from the Judgment and de..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....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. ......s to be kept in the custody at the time of admitting the Government appeal they would not interfere in the matter. Being aggrieved by the said order the appellants moved this Division and obtained leave to appeal from the said order. Upon hearing the appeal, Criminal Appeal No. 13 of 1994, we di..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... 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. ......e, however, reduced the sentence of Mawlana Abdul Hye (petitioner of Criminal Petition No. 103 of 1997) to six months on consideration of his old age. All the three accused-petitioners are seeking leave to appeal from the impugned judgment of the High Court Division. 2. The prosecution c..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....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. ...... 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 petition for leave to appeal from the said interlocutory order dated 3-3-98 submits that in passing the same the..Category: Employment/Service Law | Date: | Hits: 67
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