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SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ney from the complainant, that the appellant withdrew bills on several occasions but did not return the security money to the complainant in spite of repeated demands whereupon the complainant sent a legal notice on 5-12-95, that on 21-12-95 the appellant in presence of witnesses handed over a chequ......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
.... (AD) 58 held that the case before the Labour Court was not maintainable and consequently the judgment of the Labour Court was declared to have been passed without any lawful authority and is of no legal effect. 7. Dr. Kamal Hossain, learned Advocate appearing for the employee petitioner......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....ries Act, 1885 which only provides for giving ijara for ferry ghat. And ferry includes a bridge of boats, pontoons or rafts, etc but not nowka ghat. Thus, the order giving ijara of nowka ghat is illegal. It is further stated that a re-tender notice was given on 11-4-95 by respondent No. 2 inviti......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....ned Circular dated 8-3-96 had been issued without approval of the Government and without publication in the official gazette and, as such, the same was void, without lawful authority and having no legal effect. Lastly, Mr. Ahmed has submitted that the High Court Division erred in not holding tha......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... of Notification No. Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates to the said respondent and 13-11-1998 BS as to why such holding of office should not be declared to be illegal and without lawful authority. 2. The pillar of the writ petitioner respondent’...... 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. ..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... 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 person accused in a criminal case can only prefer a...... 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)
....ta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 purporting to lease out the suit property described in item No.1 of schedule ‘Ka’ to the plaint. The lease, not being for legal necessity or for the benefit of the deity was not binding on her and the deity was still the......al for the deity with the leave of this Court. 8. SS Halder, learned Counsel for the appellant, submits that both the trial Court and the High Court Division upon a misconception as to the status of the deity and the prayer for her representation in the suit on the death of Hem Chandra ..Category: Family Law | Date: | Hits: 156
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....f law. 5. Mahbubey Alam, learned Additional Attorney-General appearing for the petitioners, submits that the nomination of the writ petitioners for appointment having not created any legal right in their favour and the Government not having any legal duty to appoint the writ petiti......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
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....h the alleged offences making the accused-respondent a scapegoat although he had left the office on transfer on 15-5-81. 6. Thus we find that the impugned judgment does not suffer from any legal infirmity, which warrants granting of leave or consideration by this Division. Besides that,......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
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
..... The Constitution of Bangladesh, 1972 Article 102 The Public Servant (Retirement) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which ......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. ..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....admissible to a government servant, Rule 389 BSRS Part I provides that there is no bar to the re-employment of an officer after regaining his health after invalid pension. But the said rule has no legal application to Janata Bank employees. Administrative Appellate Tribunal failed to notice that......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
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....……Complainant- Respondent Judgment March 11, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused persons for non-appearance of the compl......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
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....ssued by appellant No.2, Inspector General of Registration of Bangladesh on the basis of a Memo. dated 3 1-1- 95 issued by appellant No. 1, Secretary, Ministry of Law and Justice has been issued illegally and is without any legal effect. 2. The respondent serving as an Assistant in the G......an employee of the registration offices. The departmental instructions and orders issued by the Inspector General in Part- VI of the Bangladesh Manual, 1983, particularly order No. 310 A(i) has no status of statutory Rules having the force of law. These departmental instructions and orders also ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....ify this bizarre conclusion. He was unable to do so. So our conclusion is that neither section 302 nor section 149 of the Penal Code has been discarded by the High Court Division upon giving proper legal reasons. The conviction under those sections has been set aside purely on whims and caprices......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
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....rohibits contracting of a second marriage during the subsistence of an existing marriage without the previous permission of the Arbitration Council but it does not declare the second marriage as illegal or invalid but only prescribes for punishment of violation of the said section. Then the lear......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)
....Sangstha 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 ......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
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....vember 1985 that the Government, after examination of the relevant records and laws and considering the recommendation of the Deputy Land Reforms Commissioner of that Ministry and after obtaining the legal opinion of the Ministry of Law and Justice, had decided that the property in question was not ......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....er section 33 of the Evidence Act, that proceeding was not between the same parties. As a matter of fact, Ext. 25 series is not admissible in this admiralty proceeding and Ext. 25 series cannot be legally accepted as the basis for determining the market value of the vessel and consequently the p......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)
....he Board, and Inspector of Colleges of the Board (respondent Nos.4 and 5 to the writ petition and petitioner Nos. 1 and 2 therein (Annexure-F) have been made without lawful authority and are of no legal effect. 3. Respondent No.1 joined the then Ideal Junior High School in 1970 as Headma...... 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
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....;…Respondent Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 1......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