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Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......2, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the question of title and possession of ......ip;…………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which req......kash Roy Chowdhury J Shamsunnahar Salam and others………………………………………… Petitioner Vs. Mohammad Wahidur Rahman and others……………..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent No.1. Respondent Nos. 2-8 — Not Represented. Civil Appeal No. 3 of 1996. (From the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Ju......ip;………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ordinance, 1983 (LI of 1983), Section 29(4) The Code of Civil Procedure, 1908 (V of 1908), Sec......ng officer to recount the ballot papers provided in Rule 38(4)(b) of the Union Parishads (Election) Rules, 1983 briefly “the Rules” and that the same was improperly refused or was not done in accordance with law. Relevant portion of Rule 38 runs as follows: 38. C..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......spondents Nos. 2-6 (In Civil Appeal No. 34 of 1998). Not represented — Respondents Nos. 2-11(In Civil Appeal No. 35 of 1998). Civil Appeal Nos. 34 and 35 of 1998. (From the judgment and order dated November 5, 1977 passed by the High Court Division in Civil Revision Nos. 1050 and 1051 ......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills ......hilpa Rin Sangstha who is the appellant in both the appeals. The reliefs prayed for in the two suits are more or less the same and therefore, it will be sufficient to notice the reliefs prayed for in one suit, namely, Title Suit No. 24 of 1993 which are as follows: “(a) A decree be passed in fa..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......nts Judgment February 3, 1999. The Negotiable Instruments (Amendment) Act, 1994 (XIX of 1994), Sections 138 & 141 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A In order to make a person liable under section 138 of the Act the payee has to comply with the requirem......n. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......er that section and the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause (c) of proviso to section 138. Ad..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......r section 471 of the Penal Code…..(7) (ii) The accused-petitioner’s conduct is certainly a criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recall order “without approval of the concerned magistrate” as a public servant have been proved and so......of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ...... (Criminal) Ptresent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizul Hoque (Md) …………….………….Petitioner Vs. State……….……………… Respondent Judgment December 7, 1998. Th..Category: Anti-Corruption Laws | Date: | Hits: 73
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......uq, Advocate-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) Jud...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……......................... Respondent Jud......ent: Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……..............Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......2 The Ferries Act, 1885 (I of 1885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In order to maintain a petition as public interest litigation the petitioner must satisfy the court th...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Nasiruddin (Md)…….………………………&he......sp; A M Mahmudur Rahman J Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others &helli..Category: Constitutional Law | Date: | Hits: 126
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... 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. ......ate-on-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. 14......ourt Appellate Division (Civil) Present: Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner ......Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner Vs. Sudhangshu Shekhar Halder and others…………&hell..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....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. ......ahman, 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......;………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment June ......hellip;……………………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………&..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....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. ...... MA 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). ......;……………………. Respondents Judgment May 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak and uncertain security which should be avoided in the best......ash Roy Choudhury J AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners ..Category: Business or Commercial Law | Date: | Hits: 155
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. ......;.(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 things done and acti......) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman,......fur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others…………&hell..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. ......998. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal cour......llowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......appellants alleging, inter alia, that appellant No. 1 is the widow of his brother late Md. Shajahan and Appellant No. 2 is the present husband of appellant No. 1. Appellant No. 3 is the father and one Aminul Islam is the brother of appellant No. 1. The complainant’s brother Md. Shajahan di..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. ...... the 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 199......lip;………….Appellant Vs. Jamila Khatun Bibi & ors …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death o......79: (AIR 1955 Cal. 624); Sri lswar vs. Gopinath Das, AIR 1960 Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record—For the Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......Hossain, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 774 of 1997. (From the Judgment and order dated 11th May 1997 passed by the High Court Division in Civil Revision No. 1125 of 1990). ......ors…………………….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a rule of convenience. If properties are l...... Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Nurul Afsar …………………..Petitioner Vs. Rafiqul Ahmed & ors………………&hell..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....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. ......eave of 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 ......e Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petition...... Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others………………&he..Category: Employment/Service Law | Date: | Hits: 69
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. ......e-on-Record— 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 (Ran......r & others………………………... Respondents Judgment April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relati...... 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 learned Single Judge on contest concurring with the finding of the tri..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......he Republic. Those who have already been in the service of the Republic on the volition of the petitioners will be dealt with as Government servants and they cannot be dislodged from service by an order of this Court for no fault of their own. The writ petitioners who have been left out cannot b...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………&hellip...... AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others………&he..Category: Employment/Service Law | Date: | Hits: 81
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. ...... provisions of the Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fau......du Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka……………... Respondent Judgment ...... CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka&helli..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....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. ...... The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found proper during the period of service p......;………………………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents ......opment, Dhaka and others..…… Respondents Judgment June 26, 1997. The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinst..Category: Administrative Law | Date: | Hits: 144
....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.
......ivilian Employees in Defence Service (Classification, 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, in......
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner
Vs.
Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ..
Category: Employment/Service Law | Date: | Hits: 83
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