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Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....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....... There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds plaint cannot be rejectedâ..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
.... 5. The object of the President’s Order, as stated in the preamble and also in its substantive, provisions, is to prevent certain transfer of immovable property in derogation of some legislative enactments. Keeping the same in view Article 6 of the Order does not appear to have an ......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ..Category: Property Law | Date: | Hits: 47
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......n the learned Advocate placed reliance on the case of Senior Manager; Dosta Textile Mills Ltd. Ranirhat, Feni and ors vs. Sudhansu Bikash Nath reported in 40 DLR (AD) 45. It has been held in this decision that mere designation is not sufficient to indicate whether a person is a ‘worker&rs..Category: Labour and Industrial Law | Date: | Hits: 138
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....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. ...... sought to argue that the instant case being one for specific performance of contract, in spite of the firm order of default, the court was competent to extend that time for deposit in view of the decision in Idris Shaikh vs Jilamon Bewa and others, 50 DLR (AD) 161 . 8. Therefore, the..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... 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. ......of section 2(2) of the Code of Civil Procedure read with section 24(11) of the Non-Agricultural Tenancy Act, 1949, the learned Single Judge of the High Court Division erred in law in affirming the decision of the court of appeal below which was based on the reasonings that the final decree of pa..Category: Property Law | Date: | Hits: 57
....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.
......s ticket number and the date of his employment were not given in the said list.
7. The Workers Union then filed this appeal with leave against the judgment of the High Court, Division.
8. The decision of this appeal centers round the construction of section 22(5)(a) of the Ordinance which re..
Category: Labour and Industrial Law | Date: | Hits: 163
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......discretion once exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law……&helli..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... 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. ......there was chance for PW 1 to see the accused persons in Court lock up before the identification in the T I parade. In view of the Police Regulation, facts and circumstances of the case and earlier decisions, T I parade has become meaningless and no safe reliance can be made on the same…&h..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....e Government has utilised the wide scope for fixing tariff value without regard to the local and international market rate of the imported goods, purely for purposes of augmenting its revenue without legislative sanction. 5. We have heard at length Dr. Kamal Hossain, learned Counsel for the appel......me guidelines which are germane to the Customs Act and not alien to it and should also pay heed to the recommendations of the Tariff Commission when protective custom duty is involved. In coming to a decision in respect of each item the committee must have in its possession contemporaneous documents..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....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. ...... was held that the appellant acted in excess of his jurisdiction and accordingly, the impugned orders were declared to have been passed without any lawful authority. 6. Being aggrieved by the said decision, the appellants moved this Division and obtained leave to appeal submitting that the High C..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......efore us, preferred separate appeals before the Administrative Appellate Tribunal, which by a common judgment and order dated 23-11-95 dismissed all the five appeals substantially agreeing with the decision of the Administrative Tribunal. 4. The gist of the petitioner’s case is that..Category: Administrative Law | Date: | Hits: 159
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....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 ......oncurrently by the Courts below and the High Court Division, by the impugned judgment and order dated 27 November, 1996 passed in Civil Revision No. 1408 of 1995, refused to interfere with the said decision. Now this petition for leave to appeal from the same. 2. Facts of the case, ..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....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 ......anted under section 66A (2) of the Income Tax Act, 1922 by a Division Bench of the High Court Division in Application Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the Income Tax Act, 1922, hereinafter r..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......s that the title suit between the parties is pending where the question of title between the parties will be adjudicated. The learned Single Judge has not committed any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also ..Category: Property Law | Date: | Hits: 61
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......n 1986. They cannot claim retrospective promotion along with retrospective seniority. 4. The Administrative Tribunal dismissed the case and the Administrative Appellate Tribunal affirmed the decision with the finding that all the 98 officers in the gradation list which the appellants want..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....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 ......damages will be the value to the trespasser of the use of the property for the period during which he has trespassed, which in a normal case will be the ordinary letting value of the property. The decision of Lord Denning in the first-cited case was applied. 32. Here too the plaintiff&rsqu..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
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 ......to be set aside. (ii) An important question of principle involved in the case because of the manner in which the High Court Division exercised its writ jurisdiction in setting at naught the decision of a court of facts. (iii) The impugned judgment is untenable because it failed to..Category: Property Law | Date: | Hits: 89
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the result of the appeal and supports the decision on merit, has found it difficult to support the propriety of the impugned judgment The lea..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....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 ......ties. 4. The learned Senior Assistant Judge, Third Court, Kapasia dismissed the Suit on 30 July 1994. Upon appeal therefrom being Title Appeal No. 111 of 1994 preferred by the plaintiffs the decision was reversed and the suit decreed by the learned Subordinate Judge, Second Court, Gazipur...Category: Property Law | Date: | Hits: 71
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......epartment they were running the said Saw Mills. On 17-5-1993 the Thana Magistrate, Haluaghat locked and sealed their mills stating in an order bearing the same date that it was done in pursuance of a decision dated 11-4-1993 of the Zilla Chora Chalan Domon Samannaya Committee. The respondents allege..
Category: Others | Date: | Hits: 128
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