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Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....nbsp; August 25, 1998. Cases Referred to- Major (retired) AFM Hafizur Rahman vs. the Government of Bangladesh, 29 DLR 34, Rear Admiral AA Mostafa vs. The Government of Bangladesh, 46 D......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
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....signed on the 8th May, 1973 between the Management of Jamuna Oil Company Ltd, the successor of Pakistan National Oils Ltd and the Collective Bargaining Agent in presence of the Director of Labour, Government of the People’s Republic of Bangladesh, Dhaka in which it was agreed upon in respe......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
.... cost. 2. Mr. B Hossain, learned Deputy Attorney-General, submits that no particular reason has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public pr...... functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the proceeding fail. The Government’s case or anybody’s case may not succeed for a variety of reasons but in awarding cost, particularly, if i..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Result: ......he particular interest of an individual the purpose is public………………..(10) (ii) Once a property has been validly acquired for a public purpose and vested the same in the requiring body and even if the property be utilised for different purpose, the acquisition shall not stand voi..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Government could not be ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....ischarged by the impugned judgment and order dated 14 March 1995 with a compensatory cost of Taka 3,000.00 against the defendant-petitioner for his high handed conduct who being an officer of the Government was found “unnecessarily harassing” the plaintiff in flagrant violation of t......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
.... import free of customs duty, sales tax, development surcharge and import permit fee during the whole of his term of office, one car or jeep of such specification, and on such conditions, as the Government may specify in this behalf. Explanation.—In this Article, “Membe......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... vessel MV Al-Falah-1, plaintiff No. 2 was owned by plaintiff No. 1 Al-Falah Shipping Lines Ltd., a public limited company. The vessel was carrying 800 metric tons of wheat in bulk belonging to the Government of Bangladesh from Chittagong to Narayanganj on 25-1-85. Defendant No. 1-appellants Oil......t the Court of Admiralty in England had always exercised jurisdiction over inland waters with respect to any cause of action arising out of or in relation to any vessel in any waters within the body of the country and on high seas but not between vessel propelled by oars. A cause of action a..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....taken even before 26 August 1998. The records will bear this out. The remarks of the Prime Minister, however, give the impression that the constitution of the Bench was changed at the instance of the Government which is not correct. 12. The Chief Justice has felt extremely uneasy over the remark...... Result: The petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Court Division. Nobody has a say in the matter nor it is done at anybody’s behest…….(11) ii) The Chief Justic..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....actice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the Deputy Commissioner concerned to take the acquitted persons in ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....implementing inter se seniority as per Annexure-C and without laying down the principles and guidelines for promotion from the grade of Joint Secretary to that of Additional Secretary and above the Government-petitioner has been arbitrarily promoting some Officers of erstwhile EPCS and CS by pic......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....sp; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection of the affairs of the Board, not of individual scho......ection, dated 21-12-96 a notice was issued therein to show cause within 30 days why the Governing Body shall not be dissolved, citing various accusations against respondent No.1 and the Government body. 6. In challenging the said three impugned orders the writ petitioners argued that the..Category: Constitutional Law | Date: | Hits: 155
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ..Category: Procedural Law | Date: | Hits: 118
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....f the Judgment and order dated 23 November 1992 of the High Court Division disposing of analogously four writ petitions, namely, Writ Petition No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) w......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... J Bimalendu Bikash Roy Choudhury J Government of Bangladesh, represented by Ministry of Works and another………&hell...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56