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Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....Moulavi Md. Wahidullah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 212 of 1999. (From the Judgment and order dated 13-1-99 passed by the High Court Division in WP No. 1714 of 1998). Judgment      Latifur ......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)

....ul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record —For the Respondent. Civil Appeal No. 121 of 1997. (From the Judgment and order dated 25th July, 1995 passed by the High Court Division in Civil Revision No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dha......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. ..

Category: Tenancy Law | Date: | Hits: 62

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

....he aforesaid postponement of appointment dated 10-2-1994 and other consequential letters from 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 Nis......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ..

Category: Employment/Service Law | Date: | Hits: 81

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....eview of the said order. The petitioner is Rear Admiral AA Mustafa, the erstwhile Chief of Naval Staff of Bangladesh. His petition, being Writ Petition No. 64 of 1992, was summarily rejected by the High Court Division on 19-1-1992 and this Division also dismissed Civil Petition No. 78 of 1992 fi......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

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....ellip;…………………...Respondent Judgment February 12, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed withi......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. ..

Category: Criminal Law | Date: | Hits: 59

Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)

....ecord- For the Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 178 of 1997. (From the Judgment and Order dated 23-1 -91 passed by the High Court Division in Civil Revision No. 26 of 1991). Judgment Mustafa Kamal J. - Respondent......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

Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....tion of Bangladesh, 1972 Article 102 The Public Servant (Retirement) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary relief, rightly......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..

Category: Employment/Service Law | Date: | Hits: 85

Emran Hossain Vs. State, 1999, 28 CLC (AD)

....ash; For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the High Court Division in Criminal Appeal No. 149 of 1998). Judgment:     ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)

....sh;For the Petitioners. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 91 of 1998. (From the judgment and order dated 18-3-98 passed by the High Court Division in Criminal Appeal No. 2159 of 1995 with Jail Appeal No. 91 of 1996). Jud......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. ..

Category: Criminal Law | Date: | Hits: 54

Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)

....e Akand and another…………Complainant- Respondent Judgment March 11, 1998. The Code of Criminal Procedure, 1898 (V of 1898)  Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused pers......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. ..

Category: Criminal Law | Date: | Hits: 61

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

....¦â€¦â€¦Respondents Judgment February 25, 1998. Result: Both the petitions are dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90 The learned Judges of the High Court Division correctly held that auction sale having taken place and the sale having been con......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 85

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

....s are for review of the common judgment of this Court, dated 10 June 1997, by which Civil Appeal Nos. 39-42 of 1994 of the respondent- Government of Bangladesh from the consolidated judgment of the High Court Division in Writ Petition Nos. 41, 59, 84 and 85 of 1988 were allowed. 2. The pe...... 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)

.... Judgment       Mustafa Kamal 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 decl......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. ..

Category: Employment/Service Law | Date: | Hits: 68

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....ior Advocate instructed by Md Aftab Hossain, Advocate-on-Record — For the Respondents. Criminal Appeal No. 3 of 1994. (From the Judgment and order dated 16-8-90 passed by the High Court Division in death reference case No. 1 of 1989 with Criminal Appeal No. 67 of 1989, Jail......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....ioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the High Court Division in Writ Petition No. 6717 of 1997). Judgment     ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..

Category: Employment/Service Law | Date: | Hits: 77

Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)

....llip;……………...Respondent Judgment February 8, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XIV, rule 1 Learned judges of the High Court Division indulged in the discussion on polygamy in Islam totally unnecessary which was n......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)

.... The Bangladesh Shilpa Rin Sangstha Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a m......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...

Category: Business or Commercial Law | Date: | Hits: 124

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

....4 (In both the Appeals). Ex-parte — Respondent No.1 (In both the Appeals). Civil Appeal Nos. 41 and 42 of 1995. (From the Judgment and Order dated 23-6-94 passed by the High Court Division in Writ Petition No. 1617/91 (Dhaka)/Writ Petition No. 42 of 1988 (Chittagong) ......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

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....peal No. 69 of 1999. Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order dated 14-1-99 passed by the Admiralty Court of the High Court Division in Admiralty Suit No.112 of 1998 ordering that the vessel MV You Bang may be rel......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)

....nbsp;               November 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 The High Court Division can suo motu transfer a sessions case. The informant merely informed the High C......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Criminal Law | Date: | Hits: 63