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Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......what authority respondent No.1 of the writ petition Md. Shahiduddin Ahmed, then Chief Metropolitan Magistrate, Dhaka, had been holding the said office and had been exercising judicial functions in terms of Notification No. Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates t...... J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..Respondents Judgment June 16..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... 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. ......ashing of the proceeding. After our judgment on the subject, we do not think that the learned Judges of the High Court Division correctly laid down the law in the impugned judgment in the following terms: “In view of the existing legal position as noticed above, we hold that a ......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St..Category: Criminal Law | Date: | Hits: 69
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. ......ice of the Republic or of any statutory public authority may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any action taken in relation to......Senior 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). ..Category: Administrative Law | Date: | Hits: 148
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. ...... Bangladesh, 1972, Article 117 Violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to another is protection in connection with terms and conditions of service. If there is any violation of any instruction having the force of ......sent: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant &nbs..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. ......e other accused persons were charged under sections 326, 324, 323 and 436 of the Penal Code. Some of them were acquitted of the said charges and two of them were convicted and sentenced to various terms of imprisonment and fine under sections 326 and 324 of the Penal Code. 11 accused persons wer...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………....Category: Criminal Law | Date: | Hits: 80
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.......in Bangladesh. 3. The respondent is the Managing Director of Al-Helal Rice Mills Limited, which is financed by BSRS. BSRS sanctioned and disbursed loan in favour of the Rice Mills under different terms and conditions of loan agreement. Under the terms and conditions of the loan agreement dated 2...... 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 matter covered under Article 34 of th..Category: Business or Commercial Law | Date: | Hits: 124
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......ischarging the Rule in the aforesaid writ petition. The judgment of the High Court Division is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ..Category: Property Law | Date: | Hits: 64
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....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. ......of the vessel, Al-Falah-1 and pass a decree in favour of the plaintiff upon such determination, taking further evidence 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) (......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ..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)
.... 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. ......30-12-96 from the Ministry of Education to the Chairman of the Board signifying the consent t of the Government to an extension of respondent No.1 for a period of two years. Annexure-G does not in terms has the effect of extending the service of respondent No.1 because the Government has no auth......nbsp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others………&helli..Category: Constitutional Law | Date: | Hits: 155
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......floors situated at 107, Motijheel Commercial Area, Dhaka since 1982 and dispute arose between the parties over payment of rent, service charges, etc. which led to a reference to the arbitration in terms of the lease agreement, that the arbitrators entered into the reference on 17-4-89 and finall......ion (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner &nbs..Category: Alternative Dispute Resolution | Date: | Hits: 249
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....failed to turn up. Again notices were issued on 15-4-95 fixing 30-4-95 for Board Meeting but respondent No.2 again failed to attend. Thereafter the petitioners and respondent Nos.5 and 6 called an extraordinary general meeting on 16-5-95 by issuing notices on 2-5-95 and in the said meeting it wa...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judgment ..Category: Business or Commercial Law | Date: | Hits: 100
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......on it under section 25(7) of the Customs Act, 1969 and in super session of notification SRO No. 193 dated 15- 6-89 whereby the tariff value of cigarette paper of whatever specification was fixed in terms of weight (in roll in sheet) at the rate of Taka 47,000.00 per metric ton. The alleged fall ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... misread and misconstrued the documents, submitted before them, in holding that the petitioner is not a tenant in respect of the disputed stalls but a licensee under the BFDC, inasmuch as under the terms of the lease the petitioner used to pay rent direct to the Government, the real owner of the ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ..Category: Constitutional Law | Date: | Hits: 158
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.......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.......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997. Result: The petition is dismi..Category: Employment/Service Law | Date: | Hits: 79
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......on 8 April, 1997 against the appellant for “objectionable and discourteous reports against Judicial Officers of the Judgeship of Kurigram.” 8. The appellant in showing cause in terms of the Rule in his usual rambling manner, now it has been submitted by his learned Advocate ......lip;….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view of tendering of an uncon..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....erances. He had a strong political capability sufficient to destabilise the present situation and the Government endangering public safety and public order. He had a strong political background and extraordinary capability to subvert the erstwhile Government headed by President Sattar and during......no regrets or excuses the detenue committed no crime or illegality and the same was not a ground relatable to the order of detention and on the fact of the order it shows that it was not passed in terms of sub-section (1) of section 3 of the Act which manifests a total non-application of mind. &...... Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment &nbs..Category: Constitutional Law | Date: | Hits: 191
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......at respondent No. 2, the trade union and the Employer Co signed various settlements the last one of which was Signed on 4-4-95 for 2 years under which the workers were enjoying benefits as per the terms of the agreement. But by a notice dated 19-3-1998 under section 40(2) of the Ordinance the ag...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......petitioners submitted their respective representations to respondent No. 1. Bangladesh Bank which communicated its decision thereon by letters dated 2 October 1995 and directed payment of the loan in terms of the notices. It was specifically mentioned therein that in the event of their failure to pa......137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... any remedy to any wrong done in respect of anything in exercise of power under that law by creating a forum ordinarily that remedy is to be availed of by the aggrieved person. Writ petition is an extraordinary remedy provided by the High Court Division to a aggrieved person when no other equal ......nment in exercise of the power of the delegated legislation. The very important distinction which was found in Abdul Hannan’s case was also noticed by us in 48 DLR (AD) 199 in the following terms: “In reaching the said conclusion sections 19 and 30 of the Customs Act ......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli..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. ......ord.” “That the learned Single Judge of the High Court Division acted illegally in holding that the defendants did not comply with the provision of Rules 15 and 16 of the terms and conditions governing the appointment and termination of College Teachers as provided in ......adul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………………&h..Category: Others | Date: | Hits: 84
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