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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. ......tioner was not an aggrieved person within the meaning of Article 102 of the Constitution. The High Court Division held that Article 102 (2)(b)(ii) does not contemplate that in order to maintain an application in the nature of quo warranto the writ petitioner has to be aggrieved directly. Any cit..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. ......te, 1st Class, Sonargaon, Narayanganj. The Rule was ultimately discharged on the ground that before exhausting the remedies provided under section 265C or 241A of the Code of Criminal Procedure an application under section 561A of the Code of Criminal Procedure for quashing of proceeding is prem..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... of this suit Hem Chandra Chakraborty died on 7 September 1981 leaving behind his heirs. From amongst them his son Pradip Kumar Chakraborty along with predeceased son’s son and widow made an application for substitution of Pradip Kumar Chakraborty in place of Hem Chandra Chakraborty as the..Category: Family Law | Date: | Hits: 156
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ...... plaintiff-respondents failed to establish existence of relationship of landlord and tenant. 5. The plaintiff-respondents against the judgment and decree of the lower appellate Court preferred an application under section 115 CPC and obtained a Rule in the aforementioned Civil Revision Case. The..Category: Tenancy Law | Date: | Hits: 62
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ...... the order dated 4-6-1991 passed by the order of the President retiring him from his service in Bangladesh Navy under Rule 14 (5) of the Navy Rules 1961 and the order dated 7-7- 1991 rejecting his application for review of the said order. The petitioner is Rear Admiral AA Mustafa, the erstwhile ..Category: Employment/Service Law | Date: | Hits: 89
....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.
......judgment of Administrative Appellate Tribunal dated 31-5-91 in Appeal No. 51 of 1989 upholding the decision of the Administrative Tribunal in Case No. 10 of 1989 dated 25-3-90 that the petitioner’s application before the Tribunal is barred under section 4(3) of the Administrative Tribunals Act, 19..
Category: Employment/Service Law | Date: | Hits: 83
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......ocate for the petitioner, submits that the plaintiffs suit was decreed by the lower appellate Court on the ground that his service was terminated not by a competent authority. The petitioner filed an application before the revisional Court for adducing additional evidence to show that the plaintiffâ..Category: Employment/Service Law | Date: | Hits: 98
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....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. ......ure and Fisheries vs. Matthews reported in 1949 All England Law Reports, King’s Bench Division, 724. 6. Sections 4 and 9 of the Public Servant’s (Retirement) Act, 1974 have no application in this case. The scheme of retirement of the petitioners were under some special circu..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....ice was terminated on 15-10-89. So far as the original service of the petitioner was concerned, it was a closed transaction and the application for re-employment is, in fact, a new application for fresh employment, not in continuity with old employment, but as a fresh recruit. In the background ......ible 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 re-em..Category: Administrative Law | Date: | Hits: 148
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....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. ......on 16-4-94. The learned Magistrate did not consider that 31-5- 94 was not fixed for hearing of the case. On that date also out of 12 accused-persons only 8 appeared and the remaining four filed an application for adjournment. Hence the acquittal order is not legal. Thus the impugned judgment of ..Category: Criminal Law | Date: | Hits: 61
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......pondent. Subsequently, the sale was confirmed. In such circumstances, the Additional Deputy Commissioner (Revenue) and Assistant Custodian Vested Property, Chittagong, namely, the petitioner filed an application in the executing court under Order 21 rule 90 of the Code of Civil Procedure. The said a..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....ove mentioned writ petitions contending that since the order of requisition in LA Case No 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under the provisions of the East Bengal (Emergency) Re...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..Category: Property Law | Date: | Hits: 69
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. ......ladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27, in paragraphs 41 and 42 whereof it has been held that administrative instructions which have the precision of rules and are general in nature in their application to any particular service or services may have the force of law Administrative decision..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. ......th the apparently perverse decision of the High Court Division that their conviction was liable to be altered from sections 302, 149 to section 304 Part-I of the Penal Code which has absolutely no application in view of the evidence on record. We set aside the order of the High Court Division al..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....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. ......n 20-6-96, dismissing him from the said post and (4) Memo, dated 9-1-97 published in the Bangladesh Gazette on 20-2-97 giving him premature (compulsory) retirement with effect from the date of his application. 3. The President announced following an address to the nation on radio and tel..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....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. ......nt of prompt dower and restored the decree as passed by the trial Court. 3. In course of the hearing of the matter the High Court Division noticed that the defendant- husband had filed an application to the Chairman of the Local Union Council seeking permission under section 6 of the af..Category: Family Law | Date: | Hits: 158
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.......d Miscellaneous Case No.260 of 1997 in Artha Rin Adalat No.2, Dhaka under Article 33 of the BSRS Order of 1972 against the respondent for attaching certain properties mentioned in the schedule to the application and for realisation of loan money. On 25-8-95 the appellant published a Notification in ..Category: Business or Commercial Law | Date: | Hits: 124
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. ......rdered arrest of the ship on condition that security be given for Taka 6-1/2 crore for its release. The plaintiff-petitioner accepted the reduced amount of security. The ship owner’s agent filed an application for release of the ship on a reduced Bank Guarantee and also filed a written objection a..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
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. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 526 The High Court Division can suo motu transfer a sessions case. The informant merely informed the High Court Division with his application the state of circumstance concerning the case and the High Court Division had complete ..Category: Criminal Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....es have been lying in the custody of his father the plaintiff. 16. As a first court of appeal the High Court Division ought to have considered both oral and documentary evidence on record afresh in reversing the finding of the trial Court; but the learned Judges of the High Court Divisio......other elements, namely, custody of documents, subsequent conduct of the parties, sources of money, possession, etc. were of no consequence. Secondly, whether the impugned judgment suffers from non application of mind as to the facts of the case as they should be looked into in the disposal of a ..Category: Property Law | Date: | Hits: 75
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