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Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....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. ......rit petition challenging two orders dated 16-6-98 and 17-6-98 by which ward Nos. 17 and 19 of Dhaka City Corporation were taken out of his jurisdiction as a Nikah Registrar. The petitioner’s case is that he was first appointed Nikah Registrar under section 5(2) of the Muslim Family Laws O......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)
....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. ......uit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and for recovery of arrear rent of Taka 900.00. The case of the respondents is that the defendant appellants were tenants under them at a monthly rent o...... 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, ins..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... have now preferred these petitions for leave to appeal from the various judgments of various Division Benches of the High Court Division in various writ petitions based on particular facts of each case involving the same issues of law. 5. Mahbubey Alam, learned Additional Attorney......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)
....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. ......n various grounds unsuccessfully in the High Court Division and was also challenged on additional grounds in this Division, which were negatived. It was found by this Division, inter alia, that no case has been made of malafide or coram non judice or excess of jurisdiction. 5. Now the p......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
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ...... of illness without prior permission of the authority. He challenged his order of dismissal from service before the Administrative Tribunal, Bogra in Administrative Tribunal Case No. 3 of 1992. The case was allowed in part on 16-6-93 reinstating the petitioner in his service without granting any ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ..Category: Administrative Law | Date: | Hits: 144
....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.
......
The petition is dismissed.
The Administrative Tribunals Act, 1981 (VII of 1981) Section 4
The Civilian Employees in Defence Service (Classification, Control & Appeal) Rules, 1961
A case is not ripe for consideration by the Administrative Tribunal until the Appellate Authority pass......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.
..
Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....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. ......spondent 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 within the stipulated period of limitation fixed for conclusion of tria......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)
....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. ......¦â€¦â€¦â€¦.Respondents Judgment May 15, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The revisional court in appropriate cases may consider additional evidence. Joining an illegal strike by the respondent has not been pro......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)
....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. ......rs 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 are that they are public servants and they are governed by P......legal as it was a special arrangement in pursuance of impugned scheme of retirement. He cited the decision of the case of Ministry of Agriculture and Fisheries vs. Matthews reported in 1949 All England Law Reports, King’s Bench Division, 724. 6. Sections 4 and 9 of the Public Serv..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......bunal Appeal No. 68 of 1994 setting aside the judgment and order dated 19-2-92 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 224 of 1992, dismissing the tribunal case. 2. The short point raised for consideration in this appeal is, whether the applicati......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....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. ......-petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. It appears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesses have been examined. The learned Judges also found no merit pr......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)
....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. ......g both the accused-petitioners and one Mukim Gazi alias Matin Gazi under section 19(a) and 19(t) of the Arms Act and sentencing both of them to RI for 10 years. 2. Briefly, the prosecution case was that, on possession it is apparent that they were with accused 3-1-92 at 3-45 AM on gettin......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)
....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. ......peal No. 1168 of 1994 setting 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 ......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
....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.
......d the sale having been confirmed the issuance of sale certificate in favour of the auction- purchaser cannot be withheld by parties not connected with the mortgage suit or with the mortgage execution case……..(6)
Lawyers Involved:
Md. Aftab Hossain, Advocate-on-Record — For the Petitio......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)
.... 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. ......stances borne out by the records held that the presumption of the service of notices und section 5(la) and 5(3) of the Act upon the vendor of the petitioners was not rebutted. The proceeding of the case and the admission of the vendor in a title suit clearly established the service of notices un......e of the notices under section 5(1a) and 5(3) of the Act cannot be presumed under the law particularly when the same is an integral part of the due process before one can be deprived of one’s land and that strict compliance thereof is a sine qua non and the burden of such proof cannot be s..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. ......to Chapter-HI of the Rules of Business, 1996 and submits that under Rule 12 thereof the same power has been preserved in favour of the Ministry of Establishment. Mr. Rafique-ul Huq relies upon the case of Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27, in paragraphs 41 and 42 whereof it has be......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)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......an offence, motive is immaterial and has no vital importance. The Court will see if sufficient direct evidence is there or not. If not, motive may be a matter for consideration, especially when the case is based on circumstantial evidence……(22) Cases Referred to- ...... of the crime, namely, the bearing of grudge by the accused party against the informant party for not being able to purchase the Bichra has not been proved by examining the erstwhile owner of that land, noticing in the same breath that the said owner Abdul Khaleque was dead. Abdul Khaleque&rsquo..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....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. ......racter and military honour before the Court of Inquiry. That the series of contradictory Notifications are all infirm, irregular and vitiated by malafide and illegality. 4. Relying upon the cases of Major (retired) AFM Hafizur Rahman vs. Government of Bangladesh 29 DLR 34, Rear Admiral A......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)
....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. ......in the discussion on polygamy in Islam totally unnecessary which was neither an issue in the suit nor required to be decided in the context of pleadings of the parties. In the circumstances of the case, we feel compelled to observe that the discussion on polygamy in Islam and recommendation ther......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)
....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.......he order of the trial Judge was upheld by a Division Bench of High Court Division on the findings, inter alia, that BSRS is not conducting itself with clean hands; that the respondent has an arguable case and that justice will be met if the order of temporary injunction is maintained with a directio......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
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