Search Options
Judgment Advanced Search
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ...... construe the provisions of the Administrative Tribunals Act and the provision of section 29(2) of the Limitation Act, 1908 and that consequently the High Court Division has fallen into an error of law in not excluding the period spent in the prosecution of the writ petition as well as the civil..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......of the 1982 Ordinance. 6. For the aforesaid reasons we do not find any merit in the submissions of Mr. Khandker Mahbubuddin Ahmed that the High Court Division instructed committed error of law in holding that section 12 of 1982 Ordinance does not apply to the land requisitioned under sec..Category: Property Law | Date: | Hits: 94
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... measure for a limited purpose of investigation and interferes with the right of a citizen to -be secured in his home against entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey ..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......dustrial Relations Ordinance, 69 and that those cases were not on “settlement” but “award” and thereby this Division completely misunderstood and misinterpreted the relevant law on the basis of which those cases were decided. Further ground for review is that the main poin..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ...... enhanced sales tax and customs duty on enhanced tariff value and cleared the goods on 6-6-90. His case is that he paid an excess amount of Taka 6,36,032.00 on an enhanced tariff value although in law the imported goods were liable to be assessed on the basis of the tariff value as contained in ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......e is nil. In these circumstances the accused appellant has been convicted on a gross and perverse mis-evaluation of the facts and circumstances of the case and upon a palpable misapplication of the law of circumstantial evidence. 6. After discussing the evidence of the witnesses and co..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......ip;…………… Respondents Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... non-application of judicial mind of the learned Single Judge. 11. President’s Order No. 88 of 1972, President’s Order No. 136 of 1972 and President’s Order No. 24 of 1973 amending the provision of section 95 of the State Acquisition and Tenancy Act, 1951 and inserting ...... below to the effect that the deed in question is a mortgage deed and wrongly held that the deed is an out and out sale deed. (4) Whether the learned Single Judge misconceived the relevant law governing the suit for redemption of mortgage and erroneously reversed the judgment of affirma..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......ider can ever be eligible to be elected as Director of the Bank in spite of having duly qualified shares unless the Board of Directors recommends his case, which goes against the concept of company law as well as principle of franchise. 14. Following submissions of the Caveator were allo..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......lauses Act, 1897 (X of 1897), Section 6 The Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of a procedure can..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......instant case, there has been no failure on the part of the defendants to comply with any order of the court to answer interrogatories. The High Court Division has, therefore, committed no error of law in upholding the order of the Subordinate Judge refusing to strike out the defence. Thi..Category: Procedural Law | Date: | Hits: 97
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul ..Category: Constitutional Law | Date: | Hits: 151
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......ccess. 5. Mr. Abdul Malek, learned Advocate for the petitioners, submitted that there being no legal evidence on record the impugned judgment and order of the High Court Division is bad in law and that the learned Judges of the High Court Division having had discarded the confessional s..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..Category: Employment/Service Law | Date: | Hits: 70
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....be governed in their terms and conditions of service by Article 116, but as soon as they are reverted back to executive work, their terms and conditions of service will be governed by Article 133. By amending the Code of Criminal Procedure, the Government can create purely Judicial Magistrates and m......primacy over those of the executive……..76(7) Article 116A and 132 Security of tenure, salary, other benefits, pension and independence from parliament and executive shall be secured framing law or rules or executive orders having the force of law under article 133…………76(8) The A..Category: Constitutional Law | Date: | Hits: 829
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer orders are without any lawful authority. 3. Positive case of the respondents as set up in the affidavit-in-opposi..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ng the appellant to refrain from performing the functions of the Managing Director the same was arbitrary exercise of discretion on the part of the respondent No.1 and High Court Division erred in law in not holding so and discharging the Rule. He further contended that there was no material on ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......polling station could not announce the result of counting of ballots and there having been clear violation of Rule 39 of the Election Rules, the returning officer rightly and in accordance with law recommended for holding re-election at the disputed centre, which report the District Election..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ege that she is a minor and the accused had committed offences under the aforesaid Act. It was totally wrong on the part of the High Court Division not to take into account all these facts and the law itself and to make an order of release upon its own expert opinion that she is about “to ..Category: Criminal Law | Date: | Hits: 48