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Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)

....l put the same on sale to the public. (2) Before publication of such time-table, fare-tables or tariffs of freight the owner of a mechanically propelled vessel shall submit them to the Provincial Government for approval. (3) The Provincial Government may, by notification in the official Gaze...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ......   ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 255

City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....inancial institution if he is already a director of a bank or insurance company or any other financial institution. Section 48 of the said Act provides that Bangladesh Bank in consultation with the Government of Bangladesh by a notification in the official gazette may declare that any or all prov......ahman J Mahmudul Amin Choudhury J    City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others………………………&...... Mahmudur Rahman J Mahmudul Amin Choudhury J    City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others…………………&hell......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..

Category: Business or Commercial Law | Date: | Hits: 106

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......kash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangladesh Bank and others……………………..respond......Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangladesh Bank and others…………………&hel......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..

Category: Business or Commercial Law | Date: | Hits: 96

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......ence the suit for declaration of title as also for a declaration that the notice of the said defendant is illegal and not binding. 3. Defendant No.1 Zilla Parishad, Chittagong and defendant No.2, Bangladesh, represented by the Deputy Commissioner, Chittagong filed two separate written statements......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented by its Secretary and another…….. Respondents ...... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..

Category: Tenancy Law | Date: | Hits: 82

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

.... place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as examples of conflict between the legislature and the judiciary. T......fter the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as example......p;      Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..

Category: Criminal Law | Date: | Hits: 75

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....hasers from the original owners of the land which was outside the acquisition. There were various cases over the acquisition of land in that area and the writ- petitioners always represented to the Government that they were bonafide purchasers of land outside the acquired land. On 15-11-84 an int......ahidur Rahman and others……………………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and shou......dhury J  Shamsunnahar Salam and others………………………………………… Petitioner Vs. Mohammad Wahidur Rahman and others………………&hell......(AD) (1999) 232. ..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ordinance, 1983 (LI of 1983), Section 29(4) The Code of Civil Procedure, 19......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......nbsp;: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. Th......D) (1999) 228. ..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

....ent Textile Mills. No machineries were ever installed in the premises of the company. After the death of Abdus Sattar, his heirs became the share holders of the company. Pursuant to a decision of the Government to transfer the nationalised industries owned by the Bangladeshi nationals they had the c......) (1999) 221.......CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent ...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...

Category: Property Law | Date: | Hits: 77

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....bsp;  Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment ......Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Constitution of Bangladesh, 1972, Article 102 The Ferries Act, 1885 (I of 1885), Section 5 Findings ...... A M Mahmudur Rahman J    Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……&......(AD) (1999) 213. ..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

.... case. 4. The Election Tribunal, by a judgment and order dated 19 May, 1997, allowed the election petition in part with a direction for fresh poll in one of the 93 centres namely, Garghata Government Primary School Centre. 5. The petitioner preferred First Miscellaneous Appeal N...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner Vs. Sudhangshu Shekhar Halder and others………………&h......his Case is also Reported in: 51 DLR (AD) (1999) 171. ..

Category: Election Law | Date: | Hits: 117

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....enged before the Administrative Tribunal. Mr. Ahmed has also submitted that the High Court Division e in not holding that the impugned 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......llip;……………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents ......p;…………………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respo......bsp;                                Md. Abdur Rouf J             &nbs..

Category: Employment/Service Law | Date: | Hits: 63

Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ...... SARC Enterprise…………………………………. Respondents Judgment May 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak ......bsp;           AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise……………………&hellip......ner of Customs vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to A..

Category: Business or Commercial Law | Date: | Hits: 155

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ……&h...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitio...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..R......p; Cases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: ..

Category: Employment/Service Law | Date: | Hits: 72

Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....uslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Re......Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………..Respondents ......l J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others…………………….......er does not arise……………(13)  Cases Referred to- Mvi Md Khurshid Alam vs. Secretary, Ministry of Law, Justice and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 B..

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

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

.... Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….......tafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner ......Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………&helli...... Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………………&..

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

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....cised his power malafide. The two Reports of a Court of Inquiry and a Commission of Inquiry were confidential documents. The Court of Inquiry and the Commission of Inquiry were constituted by the Government in exercise of the investigative power of the State to inform itself as to the state of ......tifur Rahman J   Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka…………......p; Latifur Rahman J   Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka……&he......constitution and as such there is no ground for review………………(8)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney ..

Category: Employment/Service Law | Date: | Hits: 89

Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)

....…………………. Appellant               Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgme......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ar Majumdar…………………………. Appellant               Vs. Ministry of Local Government and Rural Development, Dhaka and others..…&hell......Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sujit Kumar Majum..

Category: Administrative Law | Date: | Hits: 144

Ishaquddin Ahmed Vs. Commandant, School of Armour & Centre, Bogra Cantonment, Bogra & others, 1999, 28 CLC (AD)

....hority passes an order on a competent appeal. We therefore find no ground for ultimate interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 144. ......resaid case before the Administrative Tribunal on 5-7-88. 3. Mr. Md. Fazlul Karim learned Advocate for the petitioner submits that the petitioner is a civilian employee in the Defence Services of Bangladesh. As per the Civilian Employees in Defence Services (Classification, Control and Appeal) R......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner Vs. Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ………....... This Case is also Reported in: 51 DLR (AD) (1999) 144. ..

Category: Employment/Service Law | Date: | Hits: 83

Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

.... Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Communi......J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Communications, Rail way Division and others&h......dur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministr......so 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)

....89 of BSR Part 1. Rule 16(1) of Janata Bank provides for certain benefits of the General Provident Fund Scheme, Pension and death-cum-benefit Scheme and such other schemes as are admissible to the Government servant from time to time. The Rules of the Janata Bank only provide for certain benefit......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. ......sp;                 GM, Janata Bank………………… Appellant Vs. Md. Shah Alam Sarker………………... Respondent ......p;               GM, Janata Bank………………… Appellant Vs. Md. Shah Alam Sarker………………... Respondent Judgment ..

Category: Administrative Law | Date: | Hits: 148