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Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
..... 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 confinement with effect from 21-5-96 as per provisions of section 92 of the Army Act because of his involvement in the incident which occurred ...... four Notifications on various grounds, namely, that the President did not act on the advice of the Council of Ministers in a parliamentary form of Government, that the President acted malafide unlawfully leveling allegations of insubordination and mutiny against him, that without putting the p..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. ......on prohibiting polygamy. A copy of the judgment was directed to be sent to the Ministry of Law. 4. It has been brought to our notice that the impugned judgment has also been published in a law journal (1997 BLD 04). 5. From the facts of the case as noticed above briefly, it is e..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....nting of temporary injunction is contrary to the scheme of the legislation as the legislature enacted the law providing for speedy remedy against non-payment of dues or breach of any obligation and a provision of the special law will prevail over the general law and the assumption of jurisdiction in......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 special law for the special purpose, no relief under t..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....kers would work for 48 hours per week, (b) Chittagong officer and terminal officer clerical staff would work for 38112 hours per week and (c) that the overtime would be paid in accordance with the provisions of law under the Factories Act, 1965 and Shops and Establishments Act, 1965. A memorand......me 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 any right in respondents to claim overtime allowance at double the rate ..Category: Labour and Industrial Law | Date: | Hits: 134
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. ......ation and Land Reforms communicated to the Deputy Commissioner, Brahmanbaria under Memo No.Co-31/83/490 Acqn. dated 17 November 1985 that the Government, after examination of the relevant records and laws and considering the recommendation of the Deputy Land Reforms Commissioner of that Ministry and..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. ...... Vs. Shantosh Chandra Dey ……………….. Respondent Judgment August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (..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. ......her banks, it now appears that the Government could not be allowed to work inconsistently, whimsically and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) ..Category: Business or Commercial Law | Date: | Hits: 91
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. ......00.00 against the defendant-petitioner for his high handed 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 judgme..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. ......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. ..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....untry and on high seas but not between vessel propelled by oars. A cause of action arising out of tort has never been excluded or taken away from the jurisdiction of the High Court, either by the provisions of the Inland Mechanically Propelled Vessel Act, 1917 or by Ordinance, 1976.” ......Court. 13. It remains to be seen whether on proper consideration of the evidence on record the quantum of damages have been ascertained in the present case and the decree is sustainable in law and fact. 14. The market value of the vessel of the plaintiff was determined by the Adm..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......g granted in too many cases and expressed her opinion accordingly we would have nothing to say because as the Chief Executive she was entitled to have her own views in the matter having regard to the law and order situation which is the concern of the Executive. The Court is accustomed to such execu..Category: Others | Date: | Hits: 99
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. ......Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again in the Appellate Division by installments, when no interpretation of law is involved………………..(6) ..Category: Criminal Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....e upon the Board. It was argued on behalf of the respondent-petitioners that Annexure-D was not in the nature of a direction, but in the nature of a recommendation. 7. Upon considering the provisions of Intermediate and Secondary Education Ordinance, 1961, shortly the Ordinance, 1961 an......dary Education, Dhaka, shortly the Board, and Inspector of Colleges of the Board (respondent Nos.4 and 5 to the writ petition and petitioner Nos. 1 and 2 therein (Annexure-F) have been made without lawful authority and are of no legal effect. 3. Respondent No.1 joined the then Ideal Juni..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ove. 7. Being aggrieved the plaintiff had preferred this appeal. Leave was granted on the following questions: (i) whether the High Court Division misconceived both facts and law in holding that the plaintiff had given a go by to his plaint case at the trial which was in ..Category: Property Law | Date: | Hits: 65
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....he petitioner’s Mill was without any lawful authority. 5. We find it difficult to accept the submission of the learned Advocate because there is nothing in article 34 or in any other provision of the BSRS Order to show that it is only in respect of a claim admitted by the loanee th......termination of the actual amount of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to have been made without lawful authority and be of no legal effect, etc. A writ Bench, by the impugned order dated 1st Mar..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....rder 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 Act and to pay compensation to the writ petitioners after completing the formalit......n No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands inv..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......ated in Road No. 138, the “Kha” list mentions the property to be situated at Road No. 137. Such a notice, the High Court Division held, cannot be considered to be a notice in the eye of law and the treatment of the property in question as an abandoned property and enlisting it in the..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ilable a writ petition under Article 102 of the Constitution shall not be entertained to short circuit the statutory procedure. But there may be exceptional situations where, in spite of statutory provision of an alternative remedy, the High Court Division may find that the alternative remedy is......uildings in question in the ‘Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 23-9-86 (Annexure ‘H’ to the writ petition) as abandoned buildings, without lawful authority and to be of no legal effect. 2. The writ-petitioner-respondent No.1, Anw..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were imported by different importer-appellants yet the question of law involved in all these appeals being common they are being disposed of together in one judgment...Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......t a monthly rent of Tk. 57.00 which was subsequently raised to Tk. 400.00 per month and that he has been paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of..Category: Constitutional Law | Date: | Hits: 158
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