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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. ......ssification, Control & Appeal) Rules, 1961 A case is not ripe for consideration by the Administrative Tribunal until the Appellate Authority passes an order on a competent appeal……(4) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Re..

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

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....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. ......p;... Petitioner Vs. Md. Minhazuddin Khan... ………………………...Respondent Judgment February 12, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted t..

Category: Criminal Law | Date: | Hits: 59

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. ......ch is a discretionary relief, rightly refused to exercise their discretion in favour of the petitioner as it is unconscionable to blow hot and cold in the same breach.     Lawyers Involved: Mainul Hosein, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..

Category: Employment/Service Law | Date: | Hits: 85

GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)

....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. ......s. Administrative Appellate Tribunal failed to notice that re-employment is not legally permissible under the Rules of the Bank. ………………….(10) Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nawab Ali, Advocat..

Category: Administrative Law | Date: | Hits: 148

Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)

....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. ...... accuseds thus law will prescribe joint possession of the arms under sections 19(a) and 19(f) of the Arms Act………………………(5)  Lawyers Involved: MA Wahab Miah, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record&..

Category: Criminal Law | Date: | Hits: 54

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. ...... arrest warrant was issued on complaint specifically when some of the accused on bail granted earlier remained absent and prayed for adjournment on that date………(4)  Lawyers Involved: Md. Hannan, Senior Advocate instructed by Md. Maul Hoque, Advocate-on-Rec..

Category: Criminal Law | Date: | Hits: 61

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

.... 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. ......er 47, rule 1 of the Code of Civil Procedure. The court cannot sit over its own judgment on re-hearing of the same points already decided without any new materials……..(8)  Lawyers Involved: Amir-ul-Islam, Senior Advocate, Supreme Court, instructed by Md Sajjadul ..

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. ......……………….(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)

....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. ...... 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)

....p;       General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others ……………Respondents ......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