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Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....vocate-on-Record — For the Respondent No. 1. Not Represented —Respondent No. 2. Civil Petition for Leave to Appeal No. 656 of 1997. (From the Judgment and order dated 01-06-97 passed by the High Court Division in Writ Petition No. 1778 of 1991) Judgment:......1-6- 97 passed by a Division Bench of the High Court Division in Writ Petition No. 1778 o 1991 (Dhaka)/Writ Petition No. 47 of 1989 (Chittagong), making the Rule absolute and thereby reversing the decision and award dated 22-1-86 passed by the Chairman, Labour Court, Chittagong in Industrial Dis..Category: Labour and Industrial Law | Date: | Hits: 94
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
....Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 passed by the High Court Division in First Miscellaneous Appeal No. 144 of 19...... 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. ..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
.... Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record— For Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 505 of 1997. (From the judgment and order dated May 20, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 2081 of 1996). ......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
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
.... Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. 405 of 1999. (From the judgment and order dated 17-2-1999 passed by the High Court Division, Dhaka in Writ Petition No. 576 of 1999). J......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. ..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and thing......ore 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and things done and actions and proceeding taken and/or continuing, subject to the decision of an appellate/revisional authority, if any, and all past and closed transactions, all be..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1. Ex-parte — Respondent No. 2. Criminal Appeal No. 19 of 1997 (From the Judgment and order dated 30-3-95 passed by the High Court Division in Criminal Revision No. 1907 of 1992). Judgm......sion of the Supreme Court and this power can be exercised in case of abuse of process of Court and for securing the ends of justice and or to give effect to any order under the Code. In none of the decisions given by the Appellate Division or High Court Division, the view of the learned Judges of..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 1996. (From the judgment and order dated 28 July 1993 passed by the High Court Division, Dhaka in Civil Revision No. 7343 of 1991). ...... and order dated 28 July 1993 passed by the High Court Division, Dhaka in Civil Revision No. 7343 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- The decision in this appeal turns upon the question whether any person other than a she bait can prosec..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....f the Court), instructed by Moulavi Md. Wahidullah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 212 of 1999. (From the Judgment and order dated 13-1-99 passed by the High Court Division in WP No. 1714 of 1998). Judgment ......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ecord— For the Appellant. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record —For the Respondent. Civil Appeal No. 121 of 1997. (From the Judgment and order dated 25th July, 1995 passed by the High Court Division in Civil Revision No. 410 of 1984 (Rangpur)/......gle Judge of the High Court Division was wrong in holding that relationship of landlord and tenant between the parties exists merely relying upon the firisti, Ext. 1 and illegally interfered with the decision of the lower appellate Court and decreed the suit. He contended that a certified copy of a ..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....8 to 454 of 1999 and 456 of 1999. Judgment Mustafa Kamal J.- It all began with the Establishment Division’s Memo No. Ed (M-1) 12/72/-5 dated 28-3-1972 stating the Government decision to absorb all employees appointed afresh at Mujibn...... Judgment Mustafa Kamal J.- It all began with the Establishment Division’s Memo No. Ed (M-1) 12/72/-5 dated 28-3-1972 stating the Government decision to absorb all employees appointed afresh at Mujibnagar in corresponding ministries in the ..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....ssistant Attorney General with him), instructed by Md. Nawab Ali, Advocate-on- Record — For the Respondent. Civil Review Petition No. 08 of 1994. (From the judgment and order dated 23-11-1993 passed by this Court in Civil Petition for Leave to Appeal No. 78 of 1992). ......of the President as to the facts revealed in the two Reports. As long as those facts are not made public documents available to the public al large, including the petitioner, those Reports and the decisions taken thereon remained the exclusive preserves of the President. No cause of action can b..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....-Record — For the Appellant. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 678 of 1994. (From the Judgment and order dated August 7, 1994 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 58 of 199......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. ..Category: Administrative Law | Date: | Hits: 144
....structed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner.
Not represented — the Respondents.
Civil Petition for Leave to Appeal No. 282 of 1991.
(From the Judgment and order dated May 31, 1991 passed by the Administrative Appellate Tribunal in Appeal No. 51 of 1989)
Jud......
Judgment
Mustafa Kamal J.- This petition for leave to appeal, barred by 130 days, is from the 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..
Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993). Ju......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)
....h the petitions). Not Represented — the Respondents (In both the petitions). Civil Petition for Leave to Appeal Nos. 130 and 131 of 1998. (From the Judgment and order dated 30-10-97 passed by the High Court Division in Writ Petition Nos. 1139 and 1140 of 1997). ......tside the ambit of Public Servant’s (Retirement) Act, 1974, erroneously held that it is not illegal as it was a special arrangement in pursuance of impugned scheme of retirement. He cited the decision of the case of Ministry of Agriculture and Fisheries vs. Matthews reported in 1949 All En..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....ocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented — The Respondent. Civil Appeal No. 4 of 1996. (From the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). Jud......;(2) A person in the service of the Republic or of any statutory public authority may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any ..Category: Administrative Law | Date: | Hits: 148
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
.... Ali, Advocate-on-Record—For the Petitioners. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 91 of 1998. (From the judgment and order dated 18-3-98 passed by the High Court Division in Criminal Appeal No. 2159 of 1995 with Jail Appea......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..Category: Criminal Law | Date: | Hits: 54
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....ure, 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 complaint on the date of securing attendance of the accused persons for whose arrest warrant was issued on complain......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)
....ondent. Civil Appeal No. 25 of 1997. Judgment Mustafa Kamal J.- This appeal by leave by the respondent-appellants is from the judgment and order dated 7-8-96 passed by a Division Bench of the High Court Division in Writ Petition No. 335 of 199......I and Class-IV employees except those designated in the Notification has no binding effect on the office of the Inspector General of Registration, because it has no force of law. He has cited some decisions in support of his submission that Circulars and Notifications have no force of law and do..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t. Sirajul Huq, Senior Advocate instructed by Md Aftab Hossain, Advocate-on-Record — For the Respondents. Criminal Appeal No. 3 of 1994. (From the Judgment and order dated 16-8-90 passed by the High Court Division in death reference case No. 1 of 1989 with Criminal......t is of the opinion that there is a reasonable possibility that the defence put forward by the accused might be true then that opinion will reflect upon the whole prosecution case. Adverting to the decision in the case of Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280 and Enayetullah..Category: Criminal Law | Date: | Hits: 80
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