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Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....gust 1996 which was beyond the time mentioned in the order. The ground of late deposit was that the defendant was not aware of the order. The appellate Court, however, refused to accept the deposit holding that the order for deposit was passed in the open court and so there was no scope for exte......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....spent a substantial amount of money for improvement of the case land. Hence the pre-emptor is not a co sharer. 4. The trial Court dismissed the three pre-emption cases by a common judgment holding that in view of the final decree passed in Title Suit No. 36 of 1975 (Partition suit) the ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..Category: Property Law | Date: | Hits: 57
....oyer and employee exists between them. Such employees are deemed to be the employees of the management. He also submits that the High Court Division upon a misconception of both law and fact erred in holding that the contractors’ workers are all casual workers and thus debarred from being enlisted......
Judgment
January 22, 1998.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors are the employees of the contractors over whom the contractors have absolute control. Attendance sheet of those labourers is maintained b..
Category: Labour and Industrial Law | Date: | Hits: 163
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....resolution. As such the Rule Nisi was made absolute. 6. Mr. M Nurullah, learned Counsel for the respondent-petitioners, submits that the High Court Division was not well grounded in law by holding that the impugned resolution is a censure of the respondent within the meaning of Paragrap......4 with the petitioner- respondent as Chairman. The respondent upon taking charge of the fund found irregularities in the management of the same. He requested Professor Anwarullah Chowdhury to hand over papers relating to the fund to him but he did not do so and accordingly the respondent felt th..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
....placed on T I parade immediately after their arrest and so is the case with Fatu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly there is an inordinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused persons in Court lock ......ported in 15 BLD 169. In the present case the occurrence took place on 1-10-1981 and appellants Mirza Abdul Hakim and Fatu alias Atowar Rahman were placed in the TI parade on 20-9-1982 i.e. after over 11 months from the date of occurrence and so also the case with Abdus Samad whose TI parade wa..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....ent against the appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Emigration Ordin......o Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....0. There has been claim and counter-claim between the parties and admitted money suits hart been filed by each of them which are pending It cannot be said that the High Court Division was wrong in holding and acting on the premises that the dispute between the panics arising out of a joint work ......ot a contract of value of Taka 13,60,000.00 for piping and ducting work at the same site. At that time respondent No. 1 was a clerk in the petitioner’s company and was entrusted with dominion over the property of the company at BTV Auditorium construction work site. Respondent Nos. 3, 4 an..Category: Criminal Law | Date: | Hits: 93
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ayer was rejected both by the trial Court and the appellate Court. 3. The High Court Division upon noticing the provisions of rules 101 and 103 of Order CPC interpreted the said rules holding: “We find that the word “shall” used in rule 101 indicate th......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....gh Court Division, only the following two questions in the order those were framed by the appellant need to be noticed in these appeals: ii) Where the Tribunal was justified in law in holding that Circular No. 1(3)-M (T&A)/NBR/80 dated the 2nd August, 1980 of the National Board......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....li Primary School Centre has been vitiated by practicing fraud in the said election by the said elected Chairman. The appellant prayed for setting aside the election of that polling station and for holding fresh election. Respondent No. 1 contested the case by filing written objection and denied...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... ..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....of 1983 in the Court of Upazila Magistrate, Anawara, wherein respondent No. 2 alleged that the said document was fraudulently created, learned Judges of the High Court Division erred in law in not holding that the present case against the appellant and three other accused persons cannot be proce......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessions Case No. 319 of 1997 arising out of Dhanmondi PS Case No. 10 (10)96 under Dhaka Metropolitan Area at the first floor of holding No. 3/13, Works Ministry Building No. 10/141 situated in the middle of Begum Bazar and Naz......; Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessio..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....he evidence of eye-witnesses, the High Court Division though it proper to dispose of the Appeal by referring to the medical evidence only and by observing upon a brief consideration of two PWs and holding thereupon that the medical evidence disproved that the ‘respondent has fired the gun ......hall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Bargu..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
.... The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazipur. Admittedly, the said holding originally belonged to Shakir Mahmud and Zakir Mahmud. The plaintiffs who are respondent No......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....ys and the delay has not been sufficiently explained. 4. We have, however, heard Mr. Zamiruddin Sarker, learned Counsel for the accused who submits that the High Court Division was wrong in holding that the Public Prosecutor represented the Government and he was competent to file an appli......the Code of Criminal Procedure, Criminal Revision No. 2399 of 1991(D), for quashing the proceedings of the Sessions Case taking the ground that the revival of the case was illegal inasmuch as the Government did not make any prayer for revival as required under section 339D. 3. The petitio..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
..... Kajal Das Sarma and ors. 44 DLR (AD) 1, on the view that a monthly tenancy is heritable. The learned Judge of the High Court Division rejected the review petition by the impugned judgment and order holding, inter alia, that a subsequent change is case law cannot be a ground for review. 6. Mr. M...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....nter alia , that the investigation of the case could not be completed during the specified time or the extended time. The concerned Magistrate by his order dated 16-10-91 rejected that application holding, inter alia , that in view of the provision of section 195 of the Code of Criminal Procedur......fficer-in-Charge, Pangsha Police Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Schools. Treating the same as the First Information Report, Pangsha PS Case No. 7..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... the said writ petition was the same as in instant writ petition. The learned Judges of the High Court Division in rejecting Writ Petition No. 721 of 1994 in limine delivered an elaborate judgement holding that there was an alternative remedy of appeal under section 30 of the Special powers Act a......Nesar Ahmed also known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…&hell..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....LR 404, Saleh Ahmed Joarder vs. People’s Republic of Bangladesh, 36 DLR (AD) 26 and Executive Engineer, Public Health, Barisal Division vs. Mohammad Ali, 41 DLR (AD) 64 and thus erred in law in not holding that the appellant’s application before the Tribunal is founded upon a new cause of action......of the Civil Court, but because the Board of Directors of the respondent bank illegally refused his prayer for arrear salary and other reliefs in violation of the decisions laid down in the cases of Government of Bangladesh vs. Md. Mustafa and others 35 DLR 404, Saleh Ahmed Joarder vs. People’s Re..Category: Administrative Law | Date: | Hits: 131
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