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Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

....the order and directed her to comply with the same The civil Court being in seisin of the, entire matter the direction given to file the petition of complaint before a criminal Court which has no independent jurisdiction to interpret an order of the civil Court is uncalled for in the facts of ...... 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)

....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. ......m Chandra Chakraborty illegally disallowed the prayer of Pradip Kumar Chakraborty to represent the deity as a next friend. He submits that both the Courts below failed to realise that in a case of appointment of a next friend of a deity upon the death of the existing shebait /next friend any per..

Category: Family Law | Date: | Hits: 156

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. ......cuments including the Marriage Register unless and until he was formally appointed by the Government under the Qazi Act, 1880. The petitioner, therefore, approached the Ministry with his letter of appointment dated 25-5-72, whereupon the Ministry issued another letter of appointment on the 6th M..

Category: Employment/Service Law | Date: | Hits: 69

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.   ...... by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting appointment as others of the list……………..(6)  L..

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

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

....n under those sections has been set aside purely on whims and caprices. 29. Furthermore the High Court Division has discarded the evidence of PWs as being partisan and interested requiring independent corroboration in so far as the conviction of accused-respondent Nos. 1-6 under sections......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

Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)

....e suit within 3 months. 6. Leave was granted to consider the submission of the learned Advocate for the appellant that the proceeding under Article 34 of the BSRS Order, 1972 being a substantive, independent and alternative mode of recovery of BSRS dues/overdue under a special law and Article 34......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

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

....he defendants lodged a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinterested eye-witnesses to the occurrence and relying upon their testimony held......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

....pursuance of the Government direction contained in Annexure-D and the show cause notice itself refers to that direction. It was argued on behalf of the respondent- petitioners that Annexure-F is an independent notice after independent application of mind by the Board under Regulation No. 11 of th...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..

Category: Constitutional Law | Date: | Hits: 155

Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)

.... namely, to endorse the removal of respondent No.2 as the Managing Director of the company, to endorse the appointment of respondent No. 5 as the Managing Director of the company and to appoint an independent auditor to audit the accounts of the company and give such other directions as the Cour......ral meeting is for prospective auditing of a company. When the minority shareholders apply under section 233 of the Companies Act, the Court has inherent power to make alternative arrangements for appointment of Auditors for past years if no auditing has taken place……….(10) ..

Category: Business or Commercial Law | Date: | Hits: 100

Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)

....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31....... The relevant Regulation 12 runs as follows: “12. Power to impose penalty.- The power to impose penalty upon a teacher under regulation 11 shall vest in the authority competent to make appointment: Provided that the penalties of dismissal or removal from service shall not be impo..

Category: Employment/Service Law | Date: | Hits: 79

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....e overall condition prevailing in the country the Government was satisfied that the detenu was required to be detained in the interest of public safety and public order. The third ground is not an independent ground but is merely a summing up of the facts for the purpose of indicating satisfacti......ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ..

Category: Constitutional Law | Date: | Hits: 191

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

....ction 18 remains the same. Section 18 speaks of “rate of duty” and section 19 speaks of exemption as the Government feels necessary in a particular situation. Sections 18 and 19 are two independent sections, one does not control the other. Section 25(1) of the Customs Act read......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......ppearing in the Masters Examination in Economics for the year 1979 held in 1981 joined on 6-9-8 1 as lecturer in Economics in the Kalashkati Degree College on temporary basis on condition that his appointment would be confirmed after his passing the Masters Examination. Ultimately he passed the ..

Category: Others | Date: | Hits: 84

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....Court is wholly different from filing of an application under Presidents Order 88 of 1972 before the Revenue Authority we fail to understand how the learned Single Judge could hold like this in an independent civil suit for redemption of mortgage and opine that the suit is not maintainable. Thes......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..

Category: Property Law | Date: | Hits: 64

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......were appointed to the BCS (Police) Cadre with effect from 20 January 1991 and on satisfactory completion of the probationary period, they were confirmed in the BCS (Police) Cadre from the date of appointment. 3. Respondent Nos. 4-63 who were initially appointed as outside cadet Sub-Insp..

Category: Constitutional Law | Date: | Hits: 151

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....es 115, 116 and ll6 A of the Constitution and defined separately in Article 152(1) of the Constitution. The subordinate Courts are part and parcel of Part VI of the Constitution as a separate and independent entry and cannot be a part of the civil, administrative or executive service of the ......rate provisions for them in Articles 115 and 116 of the Constitution. Judicial officers are not persons in service of the Republic for the purpose of Article 133 and hence the Rules regarding the appointment and conditions of service cannot be framed under Article 133. It will be totally unc..

Category: Constitutional Law | Date: | Hits: 829

Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)

....per was used collusively to convert it into an arbitration agreement. This argument rests on a finding of facts which this Division hardly interferes with. In the instant suit the plaintiffs in an independent suit sought for a declaration that the award made by the arbitration and the order maki...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ..

Category: Civil Law | Date: | Hits: 104

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....true construction of their terms of employment. He elaborates his arguments saying that the incidence of employment of these workers with KPM are missing in the case. They were merely employed by the independent contractors personally. So they were not even casual or badli workers of KPM as held by ......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 36. ..

Category: Labour and Industrial Law | Date: | Hits: 163

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

.... and another reported in 1992 Supreme Court Decision Vol. 111 page 700 has held that great care must be exercised before acting on a belated identification by a witness who cannot be said to be an independent and unbiased person. In the case of total strangers, it is not safe to place implicit ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..

Category: Criminal Law | Date: | Hits: 92

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

....ctory (3) That he has violated any of the provisions of this Ordinance or rules made thereunder. (4) That he has violated prescribed code of conduct. 35. These above grounds are distinct and independent. In the show cause notice dated 9-2-94 it has been clearly stated that the respondent af......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..

Category: Constitutional Law | Date: | Hits: 192