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Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....lip;……………..Respondents Judgment May 25, 1999. The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Prov......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
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....t the judgment and order dated July 25, 1995 of a learned Single Judge of the High Court Division passed in Civil Revision No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of...... judgment and order dated July 25, 1995 of a learned Single Judge of the High Court Division passed in Civil Revision No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Muns..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....rom different departments. In the first, such group of writ petitions two different Division Benches of the High Court Division by two separate judgments dated 16/20-8- 1995 and 5-2-1996, made the Rules Nisi absolute. In the later group of writ petitions filed by many expectant employees, howeve......nt departments. In the first, such group of writ petitions two different Division Benches of the High Court Division by two separate judgments dated 16/20-8- 1995 and 5-2-1996, made the Rules Nisi absolute. In the later group of writ petitions filed by many expectant employees, however, the Rule..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
.... the applicant for review. 2. The petitioner unsuccessfully challenged the order dated 4-6-1991 passed by the order of the President retiring him from his service in Bangladesh Navy under Rule 14 (5) of the Navy Rules 1961 and the order dated 7-7- 1991 rejecting his application for revi......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. ..Category: Employment/Service Law | Date: | Hits: 89
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....trial Court by those dated 18-9-90. The defendants preferred Civil Revision No. 26 of 1991 and a learned Single Judge of the High Court Division by the Judgment and order dated 23-1-97 discharged the Rule from which the defendant petitioner has preferred this petition for leave to appeal. 4. Kaz......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
.... Sarker………………... Respondent Judgment April 9, 1997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The Rules of Janata Bank only provide for certain benefits as are admissible to a ...... the matter does not fall within the jurisdiction of the Administrative Tribunal. 5. The Administrative Tribunal dismissed the application observing that the question of re employment was absolutely a matter within the discretion of the bank authority and that the respondent was no long..Category: Administrative Law | Date: | Hits: 148
.... are disposed of by a common judgment as they arise from Civil Revision Nos. 1619 and 1620 of 1995 disposed of by a common judgment on 5-5-97 by a Division Bench of the High Court Division making the Rule absolute, setting aside Order Nos. 46 and 47 dated 11-3-95 and 16-3-95 passed respectively by t......disposed of by a common judgment as they arise from Civil Revision Nos. 1619 and 1620 of 1995 disposed of by a common judgment on 5-5-97 by a Division Bench of the High Court Division making the Rule absolute, setting aside Order Nos. 46 and 47 dated 11-3-95 and 16-3-95 passed respectively by the Su..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... 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. ...... 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)
.... J.- This appeal by leave by the respondent-appellants is from the judgment and order dated 7-8-96 passed by a Division Bench of the High Court Division in Writ Petition No. 335 of 1995 making the Rule Nisi absolute and thereby declaring that the impugned Memo, dated 2-2-95’ (Annexure-G to......appeal by leave by the respondent-appellants is from the judgment and order dated 7-8-96 passed by a Division Bench of the High Court Division in Writ Petition No. 335 of 1995 making the Rule Nisi absolute and thereby declaring that the impugned Memo, dated 2-2-95’ (Annexure-G to the writ ..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. ......cannot agree with the apparently perverse decision of the High Court Division that their conviction was liable to be altered from sections 302, 149 to section 304 Part-I of the Penal Code which has absolutely no application in view of the evidence on record. We set aside the order of the High Co..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....and the petitioner was put into confinement on the night following 20th, May, 1996. The first and second Notifications followed thereafter. On 24-5-96 the President ordered a Court of Inquiry under Rule 157(2) of the Army Act. The petitioner was informed that he was required to be held in confine......their posts during the pleasure of the President. In the case of the civilian employees the pleasure theory is curtailed by constitutional provisions but in the case of military personnel there is absolutely no exception to the theory of pleasure of the President in the Constitution. We asked Mr..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)
....lant from taking over the management and administration of the plaintiff- respondent company and selling it under Article 34 of the BSRS Order, 1972 read with BSRS (Direct Sale of Mortgaged Property) Rules, 1981 till disposal of Money Suit No. 5 of 1994. 2. The short facts necessary for disposal......of Subordinate Judge, 1st Court, Moulvibazar. In that suit, respondent prayed for temporary injunction. The trial Judge granted ad interim injunction on 3- 9-95 and the said ad interim order was made absolute on 7-10-95, on the finding that if during the pendency of the Money Suit of the respondent ..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
.... working hour will be overtime work and the manner of calculating overtime allowance for overtime work will be governed by section 9 of the Shops and Establishment Act, 1965 read with rule 4 of the Rules. Therefore there is no basis for the submission that there is no law guaranting or securing a......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
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....on 526 read with section 561A Cr.P.C before the High Court Division praying for transfer of the case from the Court of Sessions Judge at Barisal to the Court of Sessions Judge at Dhaka whereupon a Rule was issued in Criminal Miscellaneous Case No. 935 of 1997. 3. The ground on which the ...... was opposed by the accused-petitioners on the ground that it will cause difficulty on the part of the accused persons and the concerned authority to come from Barisal to Dhaka if the Rule is made absolute. The inconvenience of the informant- party should not be a ground for transferring a sess..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....ist of abandoned buildings published in the gazette notification under Ordinance No. LIV of 1985 and further directing restoration of the building to respondent Nos. 2 and 3. While discharging the Rule in the writ petition the High Court Division by the impugned order dated 20 April 1998 awarde......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)
....hury 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 High Court Division in Writ Petition No. 498 of 1987 discharging the Rule. 2. A strip of land measuring 6 decimals comprised within plot Nos. 2260, 2261, 2262 and pa......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)
...., 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. ......n of benami transaction in the following words: “Though the question, whether a particular sale is benami or not, is largely one of fact, and for determining this question, no absolute formulae or acid tests, uniformly applicable in all situations, can be laid down; yet in ..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....; Latifur Rahman J.- This petition is against the Judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 1474 of 1995 on 3-7-96 making the Rule absolute. The respondents of the writ petition have filed this leave petition against the Judg......p; Latifur Rahman J.- This petition is against the Judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 1474 of 1995 on 3-7-96 making the Rule absolute. The respondents of the writ petition have filed this leave petition against the Judgment ..Category: Business or Commercial Law | Date: | Hits: 91
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....f which has been concurrently decreed by the Courts below. A Single Judge of the High Court Division refused to interfere with the said decree in revision being Civil Revision No. 1076 of 1990. The Rule has been discharged by the impugned judgment and order dated 14 March 1995 with a compensator......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
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