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P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......Case is also Reported in: 31 DLR (AD) (1979) 119. ......02 of the Constitution and the High Court examined the validity of the finding of the Labour Court in its Writ jurisdiction. In the present case the Labour Court on a consideration of a number of documents, namely, the series of applications, telegram and medical certificate, which where conte..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....aving been granted on this question, the application of section 75A or for that matter whether the contract was an executory one so as to apply the bar of the said section does not arise. 10. The relevant findings of the learned Single Judge may be set out: “From the terms of the two agree...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... Judgment Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application unde......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......s made by the ship's Agent at Chittagong. The Master of the ship could not produce any Bill of Lading, Bill of Export, Tally sheet, Mailer's Receipt, storage plan end cargo manifest. Absence of these papers would show that the cargo was not duly loaded. The unauthorized cargo was loaded on board aft......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44......harge sheet against the respondents. In the affidavits it was stated, inter alia, that the stock of whisky and cigarettes carried by vessel were not cargo duly loaded and supported by proper shipping documents but were meant for smuggling purposes; and that none of the cargo was meant for Rangoon ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....es have advanced learned and lengthy arguments, and have cited a large number of decisions in their support. We, however, are not inclined to refer to all of them except some of the leading cases relevant to the point under appeal. 5. Before proceeding to consider the questions under leave w...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......that a criminal case was instituted against the appellant and others, but the complainant is alleged to have been compelled to submit a petition for withdrawal of the case, but none of the relevant documents was placed before the Court as a part of the record of the case, so as to enable the Court..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... and circumstances of each case. 6. In the confessional statement of Alo, we find that there is a clear mention of the two appellants having participated in the shooting incident at the jeep, the relevant portion may be set out: "At about 11 AM. I came to Indara locality on the Hamid Road 1 ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......is Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ....... The Additional Deputy Commissioner, however, informed the requiring body on January 31, 1970 about his inability to execute power in favour of any private lawyer. Thereafter the requiring body sent papers direct to the Assistant Government pleader, High Court on February 12, 1970 with instruction ......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
.... assess him as they did. They declared the assessment order as without lawful authority and of no legal effect.
Leave was granted to consider the question set out above.
5. To turn to the relevant regulation viz. Regulation 48(iii) it may be set out as follows:
"Notwithstanding anyth......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......lved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgmen......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......learned Advocate for the petitioner nor the learned Advocate-on-Record appeared when the matter was taken up for hearing. We have perused the judgment of the High Court Division and other connected papers. 10. In this case P.W.2 Maksudur Rahman is the only eye witness to the occurrence. H......sed. Ed. ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ...... Division discharged the Rule. 7. We have heard Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 8. He mainly argued that the deposit of consideration money along with compensation......nbsp; Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....sing of the order dated 29.12.1993 passed by the defendant No.1 in respect of the plaintiffs' permanent settlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an abandoned ditch and the said plot belonged......filed an application to the defendant No.2, the Additional Deputy Commissioner (Revenue) for the reconstruction of the settlement case and the defendant No.2 on scrutinizing and examination of all papers, passed order for the reconstruction of the said case and in Memo No.624 S.A. dated 14.4.197......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru......earned Counsel appearing for the petitioner submitted that the High Court Division wrongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property bein..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......arned Deputy Attorney General for the petitioners and Mr. Farooq Ahmed, the learned Counsel for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. It is not disputed that the respondent was first appointed on 31.12.1976 as the D.............................................................Respondent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney Gene......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......he learned Counsels dismissed the appeal. 10. We have heard Mr. A.M. Mahbuddin, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 11. In this case the prosecution in all examined 21 witnesses and convict Jashim Ud......nbsp; Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Appeal No. 1891 of 1998.) ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ard Mr. Shahid Ahmed, the learned Counsel for the petitioner and Mr. S.M. Zillul Huq, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the plaintiff was appointed as Managing Director of the ......, Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......396 of 1989 the High Court Division directed the Principal Secretary to the President of Bangladesh to create appropriate forum for presentation by the petitioner the review petition and connecting papers before the President but in fact no such appropriate forum as directed was.............................. Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgment June 12, 2004. ......the defendant 7 and 8 and thus the defendant No.1 sold in total 1.08 acres of land, though he was left with only 1.06 acres of land. Besides that the defendant No.1 subsequently executed some other documents in favour of defendant Nos. 8, 10 and 11 though at that time he had no longer any saleab..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....d that the plaintiff failed to prove his case. The trial Court also observed that the suit was barred by res-judicata. 7. The appellants went on appeal. The appellate Court upon introducing many irrelevant matters and that upon making unfounded comments against the Government functionaries, the l......ment functionaries, the lawyer who conducted the Title Suit No.860 of 1981 on behalf of the Government as well as regards the learned Judge who decreed the suit and that upon taking the view that the papers which were submitted by the defendant in support of his claim in the land in suit in Title Su......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ......'s length could be set aside by a fresh action on the ground that perjury had been committed in the first action or that false answers had been given to interrogatories, or a misleading production of documents, or of a machine, or of a process had been given? There are hundreds of actions tried ever..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....99 allowing the same upon setting aside the judgment and order dated 20-11-1997 passed by the Administrative Tribunal, Dhaka in Tribunal Case No. 228 of 1997 allowing the same. 2. The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......bsp; Md Fazlul Karim J Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment &......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ...... State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocat......the learned Judges of the High Court Division having gone through the first information report, post mortem report, charge-sheet and the deposition of the witnesses and having not considered those documents and confining themselves only to first information report and the police report have comm..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200...... to implement the remedial measures as contained in Annexures-E and H to the writ-petition, one of which is summary and the other letter of the Attorney-General to the respondent, inasmuch as those documents have no force of law to be regarded as a decision of the Government. 12. Mr. TH Kh..Category: Employment/Service Law | Date: | Hits: 69
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