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Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....oy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and others .............Respondents Judgment November 8, 1998....... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and others .........sp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and o...... 116. ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
.... (Civil) Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………&h...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appella......bsp; Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant Vs. Mohammad Faruque ……………..Respondent Judgment ....... ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....Rouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ……………&he......nbsp; Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. ......ikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………&h...... Latifur Rahman J Md. Abdur Rouf J &nb..Category: Criminal Law | Date: | Hits: 80
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......p; Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent Judgm......sp; Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent ......angladesh, 29 DLR 34, Rear Admiral AA Mostafa vs. The Government of Bangladesh, 46 DLR (AD) 43, Lieutenant General Moinul Islam Chowdhury, decided on 23-10-97, Writ Petition No. 6762 of 1997; Col. Md. Hasmat Ali vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh vs. AKM Zahangir Hussa..Category: Employment/Service Law | Date: | Hits: 77
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.......also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......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....... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
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......gement 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 respect of working hours/days in a week that the ...... General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others …………...... hours and 44 ½ unless they work for more than 48 hours a week. …………..(19 & 23). Lawyers Involved: Khalilur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant (In both the Appeals). Rokanud..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......d a written objection against the petition for arrest. The case of the defendant is that no certificate was issued by the Master and Chief Officer of the vessel and that a survey conducted by the SGS Bangladesh Limited showed a damage to the cargo to the extent of Taka 6,17,959.00 only. The plaintif...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgm...... claim fixation of Taka one crore as bank guarantee for release of the ship cannot be interfered with…………..(4, 7 & 8). Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner M Hafizullah, Senior Advocate, inst..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
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......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitione......tifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others …………......D) (1999) 87. ..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: ......amal 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: The appeal is......vision (Civil) Present: ATM Afzal CJ 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 ...... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
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 ...... approved in the meeting of the Investment Board of the Department of Industries held on 3-1-78. The project is 100% export oriented one. After the approval of the project by the Investment Board, Bangladesh Shilpa Bank sanctioned a long term loan to acquire 8 Deep Sea fishing Trawlers in two p......n J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. Bay Trawling Limited and others………&......o Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
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. ......l Hossain……………… Defendant-Petitioner Vs. Khandaker Mujibur Rahman………………Plaintiff ......ty however defective it might be, is correct.…………(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Civil Petition For Leave to A..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......bsp; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent ......nbsp; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Resp......sp; Md. Abdur Rouf J &nbs..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...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appe......ustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respon......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
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......dre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam Bhuiyan, President, Supreme Court Bar Association. Mahmudul Islam, Attorney-General for Bangladesh. Judgment ATM Afzal CJ.- By an application dated 1st February, 1999, Mr. Habibul ......e high office she holds in making off-hand remarks in respect of constitutional functionaries which have been alleged to be contumacious …………………(13) Case Referred to- Andre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam B......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..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. ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State…………………..Respondents Judgm......99) 67. ..Category: Criminal Law | Date: | Hits: 57
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......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others………………&hell...... (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...... 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. ......; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others……………Petitioners Vs. Md. Faizur Rahman and others................Respondents Judgment &n......bsp; Md. Abdur Rouf J &nb..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. ...... Appellate Division (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 &......bsp; Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner Vs. Nuruzzaman Khan Brothers……………….. Respondent......Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......lendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha……………………Respo...... Bimalendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha…………………...... (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
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...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land ……………&......ur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Hossain and others…………………&hellip......d in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
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