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Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....gainst the judgment and order dated 7‑31999 passed by a Division Bench of the High Court Division in Writ Petition No. 738 of 1999. 2. The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26‑1‑1987. An agreement between ......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......dvocate, instructed by Md. Sharif Uddin Chaklader. Advocate‑on‑Record‑For the Petitioner. Not represented‑Respondents. Civil Petition for Leave to Appeal No. 708 of 1999. (From the judgment and order dated 7‑......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
.... Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......urashava stating that while delimitating the wards the Delimitation Officer did not take into consideration variation of population which was more than 10% from one ward to another and that without informing the Chairman delimitation was made in violation of section 21 of the Ordinance and that the ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others………………………..Resp......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......sented‑The Respondents. Civil Review Petition Nos. 27 and 28 of 2000. (From the judgment and order dated 5th March 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos. 1260 and 1261 of 1999 respectively). Judgment ......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....etropolitan Magistrate, Dhaka. 3. The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of H...... Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara, Farmgate, Tejgaon, Dhaka...........Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara, Farmgate, Tejgaon, Dhaka............P......oner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara, Farmgate, Tejgaon, Dhaka............Petitione..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....d in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. Mannan Khan and Md. Ekramul Islam- for the Petitioner. Taimur Alam Khandakar, Deputy Attorney General- for the Respondents. Writ ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....de the present petitioner has been disqualified from being a Member of Jatiyo Sangshad in view of the provision of Articles 66(2)(d) and 67(1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a Member of th......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ...... is dismissed. Offences under the Prevention of Corruption Act, 1947 amounts to moral turpitude. Whenever a member of the Parliament is convicted of such an offence and sentenced to imprisonment for two years or more he incurs disqualification under Article 66 and shall vacate his seat automati......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....late Division (Criminal) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......1860 (XLV of 1816) Section 109/111 No distinction between 'principal in the first degree' and 'principal in the second degree.' Under section 111 of the Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………&hellip......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
....in the suit property for over 100 years. Their case is that the suit property is by the side of Mazar of Shah Hingul Shah which is a Waqf property enrolled as EC No.5658 of the Administrator of Waqf, Bangladesh. Plaintiff has been appointed Khadem by the Administrator of Waqf in 1970. Their case is ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......ondent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the tit...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....nbsp; M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the nature of direct appeal under Article 103 of the Constitution on being aggrieved, ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration which is also singularly absent in this case. ………&helli......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....ry J Md Gholam Rabbani J Md Ruhul Amin J Md Fazlul Karim J Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corporation and another............Respondent Ju......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......ocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 337 of 1997 (From judgment dated 30th January, 1997 in Appeal No. 96......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....students of Purba Andua Balika Dakhil Madrasha. 27. The petitioners' case is that they were the regular students of different Madrashas as given hereinabove and got their names registered in Bangladesh Madrasha Education Board (hereinafter referred to as the Board) as regular students. They......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......and others…………………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
.... Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisio......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ...... July 4, 2001. The Payment of Wages Act, 1936 (IV of 1936), Section 15 An application under section 25(1)(b) may be treated as an application under the Payment of Wages Act, 1936 for realisation of the benefits consequent upon retirement of the deceased worker, in favour of the......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
.... Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Appellants Vs. Bangladesh Inland Water Transport Authority represented by its Chairman and others……&......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......udgment and order dated 2-11-2000 passed by the High Court Division in Writ Petition 3259 of 2000 and 4169 of 1999 discharging rules. 2. The short facts as stated by the appellants are that for about 20 years the appellants have been plying their registered Vessels. MV Nagorik and MV Sure......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....d others.....................Respondents Judgment May 29, 2001. Result: The leave petition is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102 There is special provision for appeal against the judgment an......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......01. Result: The leave petition is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102 There is special provision for appeal against the judgment and decree passed by the Artha Rin Adalat so no application under Ar......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....is Case is also Reported in: 54 DLR (2002) 364. ......(Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that plaintiff No. 1 is Registered Society having registration No. Dha-02457 dated 31-7-90 under the name “Mirpur Semi Pucca (Tin......cial status the defendants can realise the actual cost of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that pla......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
.... Kazi Ebadul Haque J Bangladesh Road Transport Corporation and another……….. Petitioners Vs. ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......Record—For the Petitioners Ozair Farooq, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record——For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-1999 passed by th......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......he Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in brief the case of the hereinbefore mentioned Adalat has made this reference (in the light of the provision of section 25 of the Ac......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
....Special Original Jurisdiction)
Present:
Md. Fazlul Karim J
Md. Abdul Wahhab Miah J
Professor Nurul Islam and others.……………………Petitioner
Vs.
Government of the Peoples Republic of Bangladesh & others.…………Respondents
Judgment
February 7, 2000.
Cases Referred To-
B...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
......mogri Biponon Niontroner Jonno Pronito Ain 1988” (তামাকজাত বিপনন নিয়ন্ত্রনের জন্য প্রনীত আইন, ১৯৮৮) should not be enforced properly and as to why the respondents would not be directed to enact law in the light of the...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
..
Category: Health Law | Date: 7 Feb, 2000 | Hits: 500
.... that her marriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life.
2. In Bangladesh laws relating to the dissolution of a Muslim marriage at the instance of the husband and ......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......bazar Patrika on 02.12.2000 which briefly is this. Sahida, wife of Saiful (son of Golam Mostafa), of village Atitha within Kirtipur Union Parishad under Sadar Upazilla of the district of Naogaon, was forced to marry her husband’s paternal cousin Samshul on a so-called fatwa by Hazi Azizul Huq that......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....e. The most important section is section 45 of the Ordinance, which provides that subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1974, and the thirtieth day of June, 1985 (both days inc......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ed of by this judgment. 2. The applicant Mills although not incorporated as a company under the Companies Act yet by a deeming provision in the Finance Act, 1973, it is treated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday benefit un......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
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