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Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.   .......11.69. From 1968, Messrs Pakistan River Steamers Limited was running their steamer from Dacca to Barisal. On 7.11.1969, the IWTA granted to Messrs. High Speed Navigation Company Limited a time-table for Dacca-Patuakhali via Barisal route. The petitioner firm is aggrieved by the time-table granted t...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.   ......ddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This application fails. Lawyers Involved: Kh. Mahbubuddin Ahmed with Pathan Shafiqur Rahman—For the Petitioner. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ...... Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on- Record — For the Petitioners. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 656 of 1999. (From the judgment and order dated March 25, 1999 pass......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......ature that directors of capital-generating institutions should not be allowed to flock together in a financial institution to control and monopolize the capital market……..(15) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader A..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......r. Petitioner Nos. 2 and 5 may be the nominee-directors of Appollo Steel Mills Ltd in the Board of Directors of the petitioner company. But they are also directors of the City Bank Limited and therefore their directorship is hit by the omnibus provision of section 25(3)……….........surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... represent their companies’ share holdings. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22) Lawyers Involved: Dr. M. Zahir Senior Advocate, instructed by Sharifuddin Chaklader Advocat..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ...... (From the judgment and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: Mustafa Kamal J.- The plaintiff-petitioners have preferred this petition for leave to appeal from the judgment and decree dated 22-01-98 passed by a Division Bench of the Hi....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......ase of possession but not of title. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Shar Chaklader, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 82
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......l Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctor......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ictim girl minor, she should be delivered to the custody of her father with option to produce the victim before the court as and when required for adjudication………………………(19) Lawyers Involved: MA Wahhab Miah, Advocate instructed by and Azra Ali, Advocate-on-Record.â..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......e Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the qu...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......e disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the other by a competent Civil Court upon taking evidence………..(15) Lawyers Involved: Mohammad Nurullah, Senior Advocate, instructed by Sharfuddin Chaklader A..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....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. ......nless there has been non-consideration or gross misreading of evidence by the Subordinate Courts or Tribunal which has materially affected the merit of the case…….(11) ()ii Before opening the election materials for recounting of ballot papers the Election Tribunal is to sat......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. ......angar and another vs Hindu Religious Endowment Board, Madras, AIR 1949 PC 156, Syed A Jalil Vs. Mahbub Alam and others 46 DLR (AD) 96 and Md Shahjahan Vs. Md Sadek and anr 38 DLR (AD) 276. Lawyers Involved: Maksum-ul Hakim, Senior Advocate (Amirul Islam, Senior Advocate, with him..Category: Election Law | Date: | Hits: 101
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.......Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for n...... 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....... Ashraf Jute Mills, 44 DLR (AD) 452; Delwar Coil Foam Industries Ltd. vs. Bangladesh Shilpa Rin Sangstha, 11 BLD (AD) 345, Bangladesh Shilpa Rin Sangstha vs. Azizuddin Chowdhury, 18 BLD (AD) 144. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Mvi Md Wahidullah, Advocate-on-..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....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. ...... 1996). Judgment ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in t......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. ......omplaint was filed long after that date (on which cause of action arose) and thus cognizance could not be taken upon such complaint which was liable to be quashed……………(8,10,11 & 13) Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record —..Category: Business or Commercial Law | Date: | Hits: 145
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. ......hers 49 DLR (AD) 1. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Records— For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 1129 of 1998. (From the Judgment and Order dated 13-11-98 passed by......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. ......e members of the public. …………………(3) Case Referred to- Dr. Mohiuddin Farooque vs. Bangladesh and others 49 DLR (AD) 1. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Records— For the Petitioner. ..Category: Constitutional Law | Date: | Hits: 126
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. ......stitution of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribuna......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. ......itioner) did not seek to enforce any fundamental right and further, it was 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..Category: Employment/Service Law | Date: | Hits: 63
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. ...... The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicated. Therefore the interpretation of Article 116 of the Constitution given by the High Court Division will be...... 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. ......esh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul Islam, Attorney-General (BR Chhana, Assistant Attorney-General wi..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. ...... When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable t...... 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. ......of complaint before the criminal court. 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. Sha..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. ......from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t......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. ......hellip;……….Appellant Vs. Jamila Khatun Bibi & ors …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or lea..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....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. ......d: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 774 of 1997. (From the Judgment and order dated 11th May 1997 passe......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. ......and it is indeed a rule of convenience. If properties are left out in a partition suit it brooks further litigation. But in specific situation such rule is relaxable……(7) Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocat..Category: Property Law | Date: | Hits: 65
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. ......arriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed……(14) ii) A right given under r......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. ......stion of effecting vested right of the petitioner does not arise……………(13) Cases Referred to- Mvi Md Khurshid Alam vs. Secretary, Ministry of Law, Justice and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Jus..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. ......sion 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 Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and ......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. ......not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 62
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. ......of persons appointed in the service of the republic and others are left out, the list being prepared 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......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting appointment as others of the list……………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (B Hossain, Deputy Attor..Category: Employment/Service Law | Date: | Hits: 81
....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.
......is dismissed.
The Administrative Tribunals Act, 1981 (VII of 1981) Section 4
The Civilian Employees in Defence Service (Classification, Control & Appeal) Rules, 1961
A case is not ripe for consideration by the Administrative Tribunal until the Appellate Authority passes an order on a ......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.
......ssification, Control & Appeal) Rules, 1961
A case is not ripe for consideration 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-Re..
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. ......endment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the case against the accused beyon......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. ......p;... Petitioner Vs. Md. Minhazuddin Khan... ………………………...Respondent Judgment February 12, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted t..Category: Criminal Law | Date: | Hits: 59
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