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Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
.... centre during the time of counting of ballots. He submits that the High Court Division committed wrong in holding that there was no disturbance during the poll. But counting of ballot papers is a part of conducting of the election. So if any disturbance takes place even during counting of ballo......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ngonj on 6-10-97. The statement of the victim was recorded under section 164 of the Code of Criminal Procedure and she was remanded to (safe) custody. 4. The Investigation Officer as well parties made prayer before the learned Magistrate, Narayangonj for obtaining report from the Civil ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....rder dated 21-9-98 passed by the Senior Assistant Judge, Barguna in Title Suit No. 17 of 1998 rejecting an application under Order VII rule 11 of the Code of Civil Procedure. 2. Plaintiff-opposite party No. 1 filed Title Suit No. 17 of 1998 in the Court of Senior Assistant Judge, Barguna for decl......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....bsp; June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Order No. 142 of 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity. Lawyers Involved: ......uit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Jamir Hossain undertaking to re-convey the said lands to him on re-payment of the consideration along with the cost of Taka 85.00. During the subsistence of this tran......plaint, for confirmation of possession in 'Ka' schedule land and also for recovery of khas possession in 'Kha' schedule land. According to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....rds under the Court of Wards Act, 1879. The Bhawal Raj Estate instituted a suit in 1938 against the Government respondents and in 1939 the suit was disposed of by a compromise decree in between the parties. Thereafter, the properties of Bhawal Raj Estate were sold to different persons including t.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
....que Siddique, Advocate- on-Record — For Respondent No. 1.
Not represented — Respondent No. 2.
AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party.
Civil Appeal No. 80 of 1997.
(From the judgment and order dated 7 July, 1996 passed b...... leave no room for doubt that the so-called casual labourers supplied by the contractors are really the employees of the contractors over whom they have absolute control and supervision. They receive payment from the contractors. They are in the payroll of the contractors which is separately and ind......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... is to test the ability of the witness to identify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by defence when the case is under ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....rotective custom duty is involved. In coming to a decision in respect of each item the committee must have in its possession contemporaneous documents to show that the international market price of a particular item of import or export has either gone up or down during the interim period between the...... that the high powered committee arbitrarily and fictitiously raised tariff value without any objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of the Evidence Act, 1872 an...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....been issued by the appellant 10 explain why respondent’s licence would not be cancelled vide memo dated 9-2-94 which did not give any specific charge in respect of any omission or commission on the part of the respondent as recruiting agent but only referred to alleged warning given to the respond......appellants. Admittedly some 223 workers were sent to Al-Nuri Establishment of Saudi Arabia through the agency of the respondent and on receipt of some allegation of various difficulties including non-payment of wages to the said workers from the Bangladesh Mission in Jeddah, the appellant, by its le......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....o. 117 of 1993). Judgment: Mustafa Kamal J: The plaintiff-petitioners obtained an ex parte decree against the defendant. respondent against which the respondent filed Miscellaneous Cas......e was ill on the date of hearing and that he merely filed a medical certificate without examining the doctor who issued the certificate, yet his conduct although out, was diligent and therefore on payment of Taka 1,000.00 to the plaintiff-petitioners within 15 days the suit may be restored to it......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ..Category: Procedural Law | Date: | Hits: 118
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....ing to the provision of the Premises Rent Control Ordinance will be a defaulter and not entitled to protection under section 18 of the Ordinance. It is; however, open to a tenant to plead waiver in a particular case to show that the landlord waived his right to receive rent in terms of the agreement......hly tenant in the suit premises, arises Out of a suit for his eviction, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide requirement, which was decreed by the trial Court, and the same was aff......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..Category: Tenancy Law | Date: | Hits: 70
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
.... and 1976-77 respectively. The Tribunal by order dated 4-4-84 rejected all the contentions of the appellant in respect of assessment year 1975-76 and dismissed the appeal and allowed the appeal in part in respect of assessment year 1976-77. 7. Thereafter the appellant moved the High Court......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 ......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)
.... 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 ......nally the same was dismissed for default on 30-6-96. In Revision, a learned Single Judge of the High Court Division made the Rule absolute and restored the appeal to its file and number subject to payment of Taka 5,000.00 to the appellant within 30 days by respondent No. 1 in default the order o...... 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
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
.... his own yard he carried on the same business by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a sh......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... the Government have been admittedly in possession of the building since 12.8-1975, that Md. Nasim had not mutated his name in the Government records including that of the Housing and Settlement Department and that there was no reliable evidence of possession either of Md. Nasim or of the writ p......dges on consideration of the materials and evidences on record took a different view that Md. Nasim was the son of original allottee Yahiya as the original title deed and original receipts showing payment of rent, taxes, etc. were produced from the custody of respondent No, 1. The learned Judges...... 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
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....ullah, Advocate on Record-For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- For Respondent Nos. 1 & 2. Nawab Ali, Advocate-on-Record-For Respondent No. 7. Ex parte—Respondent Nos. 3-6, 8. Civil Appeal No. 75 of 1992. (From the Judgment ......of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Port Authority. The appeal is by way of leave under Arti......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....9 of the Penal Code read with sectors 5(2) of Act II, 1947. It is out of time by 4 days. For the explanation offered by the petitioners the delay condoned. 2. On 26 November 1984 Anti-corruption Department Dhaka lodged an First Information Report with the Motijheel Police Station, which was recor......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....t to a payment of fine of Taka 200.00 only. This fact having come to the knowledge of the authority the petitioner was dismissed from his service without any show cause notice. Subsequently, his departmental appeal was also rejected. The petitioner thereafter preferred the Administrative Tribuna......ent for 10 days on 11-6-88. Thereafter an appeal was preferred by the petitioner and the learned Sessions Judge, Dhaka upheld the order of conviction but modified the sentence of imprisonment to a payment of fine of Taka 200.00 only. This fact having come to the knowledge of the authority the pe......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appellants and others in Title suit No. 222 of 1976 for declaration that s......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....llowing appeal and setting aside the judgment and order date 28-12-88 passed by the Administrative Tribunal Dhaka in Tribunal Case No. 90 of 1987 allowing the appellant’s application in part, directing the respondents to r the appellant’s period service as Upper Division Assist......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
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