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SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
.... application for quashing of the proceeding due to lack of appreciation of the point raised. 6. In order to appreciate the said point raised by the appellant reference may be made to the relevant provisions of the Act. Section 138 provides for punishment for dishonour of cheque for insufficiency......the payee has to comply with the requirements under that section and the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action aris..Category: Business or Commercial Law | Date: | Hits: 145
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....t also held that the petitioner had no locus standi to present the writ petition, as he is not an aggrieved person. 3. Before us it is contended, by way of reiteration, that there being no provision of law to give ijara of ‘Nowka ghat” in the Bengal Ferries Act 1885 which onl......B S. Prior to this order earlier also respondent No.2 gave ijara of the ghat to others for the year 1401 BS and on the protest of the local people the order was not acted upon. It is stated that no law exists to give ijara of any nowka ghat in the Bengal Ferries Act, 1885 which only provides for..Category: Constitutional Law | Date: | Hits: 126
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... of the People’s Order, 1972, Article 62(3) The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 14(3) Since the appeal is a continuation of the election petition the provisions of the Code of Civil Procedure will apply to appeals as well. Learned Judges of the Hig...... 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. ..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....t General Manager by the promotion committee. It was denied that there was any violation of any fundamental right as alleged. 5. The High Court Division upon a consideration of the relevant provision of law and facts of the case observed as follows: Thus from overall consid......ager by the promotion committee. It was denied that there was any violation of any fundamental right as alleged. 5. The High Court Division upon a consideration of the relevant provision of law and facts of the case observed as follows: Thus from overall consideration of th..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....e petitioner and the respondents in the writ petition a Division Bench decided that the functions performed by the Chief Metropolitan Magistrate, Dhaka are mainly judicial functions in view of the provisions of section 21 of the Code of Criminal Procedure. Although he has some administrative wor....... Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates to the said respondent and 13-11-1998 BS as to why such holding of office should not be declared to be illegal and without lawful authority. 2. The pillar of the writ petitioner respondent’s writ petition was..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. ......d Advocate for the accused-appellants: (1) The learned Judges of the High Court Division without entering into the merit of the case at all wrongly laid down a general proposition of law that before exhausting the remedies provided under section 265C or 241A of the Code of Crimi..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. ......epresenting the deity, a third party is competent to institute a suit in the name of the deity to protect the debutter property.” He further said: “As I understand the law, the person entitled to act next friend is not limited to the members of the family or worshipe..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. ......n remand to the trial Court “for affording an opportunity to the plaintiffs to bring the ejmali properties left by Gunu Mia into hotchpotch and then to dispose of the suit in accordance with law.” 5. One of the plaintiffs now seeks leave from the said order of the High Court ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....nt Gulshan Area was within Juarshahara Union Parishad. Thereafter on 25th May, 1972, the petitioner was appointed Nikah Registrar for whole of the Gulshan Pourashava by its Administrator under the provision of Ordinance, 1961. About that time, the Gulshan Pourashava was separated from Juarshahar......risdiction of the petitioner as the Government is empowered to curtail the limit of the area for which a Nikah Registrar has been licensed. Respondent No. 1 further asserted that the Government has lawfully appointed respondent Nos. 4 and 5 as Nikah Registrars by curtailing the area by operation ..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. ......and not whether the plaintiffs or the defendants have title to the demised premises. 10. The learned Single Judge of the High Court Division, following the trial Court, committed serious error of law in relying upon Ext. 1, a certified copy of the firisti, because a firisti is no evidence of the..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
.... the learned Additional Attorney-General with all importance that is due to them. If the Government nominates some persons for employment in the service of the Republic in pursuance of a statutory provision or rules, the nominated persons acquire a legal right for enforcement of the same. But if......s 27 & 29 If some persons out of a list 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 righ..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.
......efence Service Estimate, but is not subject to the Army Act, 1952, the Bangladesh Navy Ordinance, 1961 and the Bangladesh Air Force Act, 1953. The Administrative Appellate Tribunal therefore erred in law in finding that the petitioner’s case was not maintainable under section 4(3) of the Administr..
Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....n and sentence of the trial. A learned Single Judge of that Division by the impugned judgment and order has acquitted the accused-respondent of the charges holding, inter alia, that in view of the provision of section 8 of the Criminal Law (Amendment) Act, 1987 (Act XIII of 1987) the trial of th......ent having not been concluded within the period of 2 years with effect from 20-1-87, it was held without jurisdiction and in consequence thereof the conviction of the accused is not sustainable in law and that on merit the prosecution also could not prove the charges beyond all reasonable doubt...Category: Criminal Law | Date: | Hits: 59
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....free will on some special considerations as given by the Government and went under voluntary retirement and, as such, the petitioners cannot now say that the scheme is illegal and violative of the provisions of Public Servant’s (Retirement) Act, 1974. Further, Public Servant’s Retire......e post of Senior Traveling Ticket Examiner. Both the petitioners challenged the retirement scheme and confirming the retirement of the petitioners before the High Court Division as void any without lawful authority and are of no legal effect. 3. The cases of the petitioners in a nutshell..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
.... respondent and if the appellant does not feel, inclined to re-employ the respondent, that matter cannot be brought within the jurisdiction of the Administrative Tribunal, not being covered by the provision of section 4(2) of the Administrative Tribunals Act, 1980. 10. It also appears t......nt Bank refusing re-employment of the respondent was arbitrary, illegal and improper. 7. Leave was granted to consider whether the Appellate Administrative Tribunal upon a misconception of law erroneously held that the application of the respondent was maintainable under section 4(2) of ..Category: Administrative Law | Date: | Hits: 148
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. ...... 19(a) & 19(f) Arms and ammunitions recovered from one of the few accuseds and when all of them were together revolver shots fired and cocktails hurled from amongst those accuseds thus law will prescribe joint possession of the arms under sections 19(a) and 19(f) of the Arms Act&hell..Category: Criminal Law | Date: | Hits: 54
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......etting aside an order of acquittal passed by the Magistrate, 1st Class, Jamalpur on 31-5-94 in CR Case No. 300 (1)94 and directing the learned Magistrate to proceed with the case in accordance with law. 2. CR Case No. 330(1) 94 arose on the basis of a petition of complaint filed on 5-3-9..Category: Criminal Law | Date: | Hits: 61
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....order of requisition in LA Case No 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under the provisions of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter referred t...... after completing the formalities of acquisition and therefore, the direction issued by the Government to the Deputy Commissioner, Dhaka in the memorandum No. Bhu-Ma. DA/35/81/123- Acqn was without lawful authority. 3. The Government resisted them on the plea that the petitioners, purcha..Category: Property Law | Date: | Hits: 69
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. ......ammad Faruque ……………..Respondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to another..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. ......he case the High Court Division made an unnecessary discussion of section 149 of the Penal Code and in applying the said section to the present case it held that “the object of the alleged unlawful assembly centres round a dispute over the purchase of a house and the Bichra.” It was ..Category: Criminal Law | Date: | Hits: 80
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