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Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)

....dated 10-9-96 and submits that this Notification has the precision of rules. It affects the entire body of Class-III and Class-IV employees of the Government. It has the approval of the then Chief Martial Law Administrator who had the rule making power at that time, the Notification dated 10-9-9......……………….(11)  Cases Referred to- Bangladesh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General, instructed by Mvi. Md. Wahidull..

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.   ......a and others vs. State, 43 DLR 633; Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advo..

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....rliamentary form of Government, that the President acted malafide unlawfully leveling allegations of insubordination and mutiny against him, that without putting the petitioner on trial by a Court Martial for the offence of insubordination and mutiny he was released and later dismissed from serv...... 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 Hussain, 34 DLR (AD) 173. Lawyers Involved: AR Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advoca..

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. ......he impugned judgment should be taken to be deleted lest it may create confusion in the mind of the subordinate Courts and the people at large……………(5)  Lawyers Involved: MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not rep..

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.......l prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is available….(13) Lawyers Involved: AKM Nazrul Islam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-R..

Category: Business or Commercial Law | Date: | Hits: 124

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......owance at double the rate of their wages in excess of 38 ½ 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-Rec..

Category: Labour and Industrial Law | Date: | Hits: 134

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....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. ......rty has been validly acquired for a public purpose and vested the same in the requiring body and even if the property be utilised for different purpose, the acquisition shall not stand void.  Lawyers Involved: Serajul Huq, Senior Advocate (Rafique-ul-Huq, Senior Advocate with him) instruc..

Category: Property Law | Date: | Hits: 63

Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)

...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......hmudur Rahman 34 DLR (AD) 61; Imambandi Begum vs. Kumleshwari Pershad (1886) LR 13 IA 160; Ram Narain vs. Mohainmad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90. Lawyers Involved: MA Wahab Miah, instructed by Md. Aftab Hossain, Advocate-on-Record- For t..

Category: Property Law | Date: | Hits: 75

Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)

.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......y and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6)  Lawyers Involved: B Hossain, Advocate-on-Record — For the Petitioner. Rafique..

Category: Business or Commercial Law | Date: | Hits: 91

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....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. ......of Works, the defendant had no locus standi to challenge the plaintiff’s right in the suit property however defective it might be, is correct.…………(5)  Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. ..

Category: Property Law | Date: | Hits: 69

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......;          Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constituti..

Category: Constitutional Law | Date: | Hits: 152

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

....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. ......sport Company 45 DLR 152; Falha Shipping Lines Ltd and another vs. Bangladesh Inland Water Transport Corporation and others 42 DLR 289; Haji Mohammad Suruj Miah vs. Haji Abul Hashem 20 DLR. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advoca..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)

....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. ......marks 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 Bhuiyan, President, Supreme Court Bar Associat..

Category: Others | Date: | Hits: 99

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......bsp;                                Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidull..

Category: Criminal Law | Date: | Hits: 67

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

.... 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. ......g Chairman of the Board to dissolve the  Governing Body of the Institution and form an ad hoc Committee for three months…………………(14)  Lawyers Involved: Khandaker Mahabubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate wi..

Category: Constitutional Law | Date: | Hits: 155

Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)

....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ot come into operation……(13)  Cases Referred to-  Md. Ibrahim vs. Md. Alauddin, 27 DLR 413; Ranjit Kumar Ranjit vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: Md. Nurul Hoq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate..

Category: Property Law | Date: | Hits: 65

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

....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ...... had been duly served notices under section 5(1a) and 5(3) so the petitioners need not be served with notice afresh…………………(10 & 11)  Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General, instructed by B Hossai..

Category: Property Law | Date: | Hits: 50

Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)

.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......n even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4)  Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advo..

Category: Property Law | Date: | Hits: 56

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

....he property was not released. Thereafter the writ petitioner filed Writ Petition No.741 of 1981 against the Government and obtained a Rule Nisi, which, however, stood abated due to promulgation of Martial Law in 1982. Then the writ petitioner instituted Title Suit No.203 of 1983 in the Court of ......on, when, admittedly, the writ petitioner was not in possession thereof. Such a decree is not within the contemplation of proviso (a) to section 5 of the Ordinance……(18)  Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney— General, instructed by M..

Category: Property Law | Date: | Hits: 48

Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)

....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......- Collector of Customs, Chittagong and others vs. A Hannan, 1990, 42 DLR (AD)167; Collector of Customs, Chittagong and others vs. Ahmed Hossain and 39 others, 1996, 48 DLR(AD) 199. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed,..

Category: Business or Commercial Law | Date: | Hits: 99