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Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....ahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record— For Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 505 of 1997. (From the judgment and order dated May 20, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 2081 of 1996......enged before the Administrative Tribunal. Mr. Ahmed has also submitted that the High Court Division e in not holding that the impugned Circular dated 8-3-96 had been issued without approval of the Government and without publication in the official gazette and, as such, the same was void, without..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
.... MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. 405 of 1999. (From the judgment and order dated 17-2-1999 passed by the High Court Division, Dhaka in Writ Petition No. 576 of 1999). ......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....;.(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and things done and acti...... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ……&h..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....998. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A 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 cour...... 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. ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... the Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 1996. (From the judgment and order dated 28 July 1993 passed by the High Court Division, Dhaka in Civil Revision No. 7343 of 199......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. ..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....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 passed by the High Court Division in Civil Revision No. 1125 of 1990). ......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. ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....eave of the Court), instructed by 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 ......uslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages 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 Re..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....e-on-Record— For the Appellant. Fazlul 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 (Ran......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 Republic. Those who have already been in the service of the Republic on the volition of the petitioners will be dealt with as Government servants and they cannot be dislodged from service by an order of this Court for no fault of their own. The writ petitioners who have been left out cannot b...... Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others……………………...Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
.... provisions of the Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fau......cised his power malafide. The two Reports of a Court of Inquiry and a Commission of Inquiry were confidential documents. The Court of Inquiry and the Commission of Inquiry were constituted by the Government in exercise of the investigative power of the State to inform itself as to the state of ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
.... The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found proper during the period of service p......…………………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgme..Category: Administrative Law | Date: | Hits: 144
....ivilian 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 competent appeal……(4)
Lawyers Involved:
Md. Fazlul Karim, Senior Advocate, in......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.
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Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993). ......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)
....h Court Division in Civil Revision No. 26 of 1991). Judgment Mustafa Kamal J. - Respondent No. 1 Darwan cum Peon of petitioner-Janata Bank at Bhurungamari Branch was terminated from service by order dated 17-8-81 passed by the Regional Manager, Gaibandha. He filed Title Suit No. 16 of 1987 in......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)
....In both the petitions). Not Represented — the Respondents (In both the petitions). Civil Petition for Leave to Appeal Nos. 130 and 131 of 1998. (From the Judgment and order dated 30-10-97 passed by the High Court Division in Writ Petition Nos. 1139 and 1140 of 1997)...... Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Communi..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....or Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented — The Respondent. Civil Appeal No. 4 of 1996. (From the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). ......89 of BSR Part 1. Rule 16(1) of Janata Bank provides for certain benefits of the General Provident Fund Scheme, Pension and death-cum-benefit Scheme and such other schemes as are admissible to the Government servant from time to time. The Rules of the Janata Bank only provide for certain benefit..Category: Administrative Law | Date: | Hits: 148
Emran Hossain Vs. State, 1999, 28 CLC (AD)
..... Nawab Ali, Advocate-on-Record — 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). Jud......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)
..... Azra Ali, Advocate-on-Record—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......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)
....t- 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 persons for non-appearance of the complaint on the date of secur......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
....d an application in the executing court under Order 21 rule 90 of the Code of Civil Procedure. The said application was rejected upto the Appellate Division. Thereafter, the executing court passed an order staying money Execution Case No. 5 of 1992 till disposal of Other Suit No. 68 of 1992. Again, ......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.
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Category: Property Law | Date: | Hits: 85
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