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Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)

....ersons left out who ought to have been made party but not by others on the ground of non-joinder………………(5) Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ..

Category: Civil Law | Date: | Hits: 127

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....vive the case under the provisions of the Code of Criminal Procedure………………………(7)   Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md Aftab Hossain Advocate-on-Record— For the Petitioner. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....te without any notice to the parties or without calling for a report of the court concerned is an act of arbitrariness and absolutely wrong.  Lawyers Involved: A Baset Majumder Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..

Category: Criminal Law | Date: | Hits: 59

Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)

.... Shahabuddin vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Abdus Salam Khan, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil P......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)

...., 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: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. ......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. ......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

Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)

....a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary.  Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. ...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ..

Category: Property Law | Date: | Hits: 59

Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)

....pondent is an officer or worker is a matter of adjudication by the Labour Court and not by the High Court Division…………….(4)  Cases Referred To: Senior Manager, Dosta Textile Mills Ltd Ranirhat, Feni and ors vs Sudhansu Bikash Nath 40 DLR(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. ......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. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

....nbsp;     Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—For the Petitioner. Amirul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent No. 1. .......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

Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

....ship in the tenancy is relevant, but in section 24(1) of Non-Agricultural Tenancy Act the co sharer ship in the land is material.  Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant...... 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. ...... 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

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....erson is working in the premises of a certain establishment to bring him within the definition of a worker of any industry or establishment…………….(12) Lawyers Involved: Md. Nurullah, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. ......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. ......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

Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)

.... Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4)  Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record — For the Petitioners. ...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ..

Category: Property Law | Date: | Hits: 73

University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)

....ecially when the decision sought to be appealed from does not suffer from any infirmity of law………………(10)  Lawyers Involved: M Nurullah, Senior Advocate (Zakir Ahmed, Senior Advocate and Fida M Kamal, Advocate with him), instructed by M......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. ......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. ..

Category: Constitutional Law | Date: | Hits: 201

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

....ecision Vol. III page 700, Hatu Mallik & others vs. State, 19 DLR 662, Shahadat Hussain vs. The State, 39 DLR 72, State vs. Md. Musa, 15 BLD 169. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record—For the State. B ...... 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. ......ok place. PWs 3-5 are neighbouring people who deposed on the commission of dacoity. PWs 7, 8 and 11 conducted the TI parade. PWs 9, 10 and 12 are seizure list witnesses, PWs 13-15 are Investigation Officers and PW 6 was tendered for cross-examination. The Courts below concurrently found that the..

Category: Criminal Law | Date: | Hits: 92

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

....d vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 48 DLR (AD) 20. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Nawab Ali, Advocate-on- Record—For the Respondent. Civil Appeal......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. ......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)

....ff-petitioners obtained an ex parte decree against the defendant. respondent against which the respondent filed Miscellaneous Case No. 11 of 1992 under Order IX rule 13 CPC which was allowed by the Senior Assistant Judge, 1st Court, Chittagong by judgment and order dated 29-10-92 on the ground th......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 ......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

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

.... Bangladesh Bank, represented by Governor and others…………….. Respondents Judgment April 3rd 1997 Lawyers Involved: M Amirul Islam, Senior Advocate instructed by M Nawab Ali, Advocate-on-Record--For the Petitioner. (Civil Petition ...... 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 ......te cases before the Administrative Tribunal in 1992 praying for fixation of their seniority with all attendant financial and other benefits on and from 14-10-76, i.e. the date from when 73 Class-1 Officers of Bangladesh Bank were directly recruited in pursuance of a Public Service Commission Not..

Category: Administrative Law | Date: | Hits: 159

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....lip;……..  Respondents Judgment January 29th, 1997 Lawyers Involved: Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..

Category: Criminal Law | Date: | Hits: 93

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....€¦â€¦â€¦â€¦.. Defendant-Petitioner Vs. Nasima Khatun …………………..Plaintiff-Respondent Judgment January 22nd, 1997 Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. ......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 ......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

Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)

....ead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th, 1997 Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. ......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 ......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)

....;   Vs. Commissioner of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul ......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 ......and proper basis. It has been held in those decisions that the appellate authority has plenary powers in disposing of an appeal. The scope of his powers is conterminous with that of the Income-tax Officer. He can do what the Income-tax Officer do and can can also direct him to do what he has fai..

Category: Fiscal/Taxation Law | Date: | Hits: 120