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Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....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. ...... May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned is an act of arbitrari......; May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned is an act of arbitrariness and absolutely wrong. ..Category: Criminal Law | Date: | Hits: 59
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 passed by the High Court Division in Civil Revision No. 1040 of 1992). ......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. ......d: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 p..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
....mdash; For the Petitioners. Miah Abdul Gafur, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No. 445 of 1997 (From the judgment and order dated 6-3-1997 passed by the High Court Division in Civil Order No. 992 of 1997. Judgment ......spondents suit was one under section 39 of the Specific Relief Act and that the impugned kabala deed is dated 8-11-1982, and that the suit was filed on 24-3-1988. The High Court Division failed to notice that the suit was barred by limitation under Article 91 of the First Schedule to the Limitat...... 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of tit..Category: Property Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
.... Advocate-on-Record — For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 779 of 1998. (From the judgment and order dated 3-5-1998 passed by the High Court Division in Writ Petition No. 1419 of 1990. Judgment...... was confined to physical and manual kind of works. It is his further case that he was forced to go on leave on 10-6-1985 which was extended upto 23- 6-1985 and while on leave he was served with a notice to show cause by the petitioner-company on 16-6-1985 on various charges and when the reply w......dique, Advocate-on-Record— For the Petitioner. Waliul Islam, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 779 of 1998. (From the judgment and order dated 3-5-1998 passed by..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....vocate-on-Record—For the Respondent No. 1. Not represented — Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 35 of 1998. (From the judgment and order dated 14 August, 1997 passed by the High Court Division, in Writ Petition No. 3165 of 1997). ......a decree for declaration of title to a part of the suit land, namely, 1.24 acre as a test case. Thereafter, respondent No. 3, Manager, Bhawal Raj Court of Wards Estate, Land Reforms Board issued a notice dated 19-5-97 and later this notice was issued as a public notice in the newspapers on 24-5-......llip;….………………Respondents Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the dis..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented — Respondent No. 3. Civil Appeal No. 28 of 1999. (From the judgment and order dated 20 July 1998 passed by the High Court Division in Civil Revision No. 3453 of 1996). Jud......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. ......ho refused to accept the cost of Taka 1000.00 beyond the time set down by him, while sending the case on remand. 2. The plaintiff, now respondent No. 1, instituted Title Suit No. 261 of 1991 for specific performance of a contract for sale. An Assistant Judge of Dhaka decreed the suit agai..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....te, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented — Respondent Nos. 2-5. Civil Appeal No. 3 of 1998. (From the Judgment dated 18-01-96 passed by this Court in Civil Petition for Leave to Appeal No.36 of 1995). Jud...... 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. ......; November 21, 1999. The Code of Civil Procedure, 1908 (V of 1908), Section 2(2) The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Ad..Category: Property Law | Date: | Hits: 57
....sented — 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 by the High Court Division in Writ Petition No. 2109 of 1995).
Judgmen......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.
......rs over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... Advocate- on-Record — For the Petitioners. Not Represented — The Respondents. Civil Petition for Leave to Appeal No. 904 of 1997. (From the judgment and order dated 22-06-1997 passed by the High Court Division in Civil Revision No.1798 of 1994). Judgme......e suit land was recorded in the name of the defendants. Had the question of possession been considered by the two Courts below on the basis of oral evidence on record and if the High Court Division noticed this failure of the two Court below the result of the suit would have been different. ......dents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) Lawyers Involved: Khandker Mahbubuddi..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
.... Abdus Sobhan, Advocate, instructed by M. Hossain Advocate-on-Record-For the Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 600 of 1997 (From the Judgment and Order dated 8-5-1997 passed by the High Court Division in Second Appeal No.18 of 1975). Judgment ......in not setting aside the wrong judgment and decree of the courts below. We do not find any substance in his submission in view of the facts that the learned Judge of the High Court Division rightly noticed that all the parties in the partition suit have no common interest in respect of the lands ......Kader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. Suit for Partition Common interest of the parties Whenever all the parties in the suit..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....Ozair Farooq, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Petition For Leave to Appeal No. 39 of 1999. (From the Judgment and Order dated 19-11-98 passed by the High Court Division in Civil Revision No. 3536 of 1998). Judgmen...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......lah………………Respondent Judgment February 7, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....enior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record. —For the Respondent. Civil Petition for Leave to Appeal No. 239 of 1995. (From the Judgment and Order dated 11-1-95 passed by the High Court Division in Writ Petition No. 456 of 1994). Judgment ......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. ......- Record—For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record. —For the Respondent. Civil Petition for Leave to Appeal No. 239 of 1995. (From the Judgment and Order dated 11-1-95 passed by t..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record — For the Respondent. Criminal Appeal No. 25 of 1998. (From the judgment and order dated 26th April,1998 passed by the High Court Division in Criminal Revision No. 444 of 1992). ...... 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. ......est 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 up before the identification in the T I parade. ..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... Mahmudul Islam, Attorney General instructed by B Hossain, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeal Nos. 116 & 117 of 1997. (From the judgment and order dated 17-12-1996 passed by the High Court Division, Dhaka in Writ Petition Nos. 4336 and 4337 of 199...... 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 and should start with the presumption of regul......ion Bench of the High Court Division in Writ Petition Nos. 4336 and 4337 of 1996 discharging the Rules Nisi. 2. Both the writ petitioner-appellants opened two separate letters of credit on 26-8-96 for import of Soda Ash Light from China under HS Code No. 2836.20 at the rate of US $ 130 per metric..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Nawab Ali, Advocate-on- Record—For the Respondent. Civil Appeal No. 36 of 1995. (From the judgment and order dated 24-8-94 passed by the High Court Division, Dhaka in Writ Petition No. 449 of 1994). Judgmen......be cancelled and the security would be forfeited. The allegations of the Ministry were denied categorically and the fact as to settlement of the problem of recruits in Saudi Arabia was brought to the notice of the Secretary, Ministry of Labour and Manpower (appellant No. 1); thereafter the Banglades......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 Ordinance, 1982 (Ordi..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....Abul Quasem, Advocate-on-Record — For Sit Petitioners. Not represented—Respondent. Civil Petition for Leave to Appeal No. 803 of 1994. (From the Judgment and Order dated 11-894 passed by the High Court Division in Civil Revision No. 117 of 1993). Judgment:......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 ...... Lawyers Involved: Abdul Baser Majumder, Advocate, instructed by Abul Quasem, Advocate-on-Record — For Sit Petitioners. Not represented—Respondent. Civil Petition for Leave to Appeal No. 803 of 1994. (From the Judgment and Order dated 11-894 passed by th..Category: Procedural Law | Date: | Hits: 118
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....Khandker, Advocate-on-Record—For Respondent Nos. 2-6 (in all the Petitions). Civil Petition for Leave to Appeal Nos. 109. 136, 137 and 138 of 1996. (From the Judgment and order dated 23-11-95 passed by the Administrative Appellate Tribunal in Appeal No. 99 of 1994). Ju...... order giving him his last promotion from 11-6-84 some of the petitioners sent representations to the Bangladesh Bank authority in 1992. Having received no reply thereto some of them served a legal notice on the respondents on 25-5-92 and thereafter filed the instant cases before the Administrat......b Hossain, Advocate-on-Record -—For Respondent No. 1 (in all the Petitions) N H Khandker, Advocate-on-Record—For Respondent Nos. 2-6 (in all the Petitions). Civil Petition for Leave to Appeal Nos. 109. 136, 137 and 138 of 1996. (From the Judgment and order dated ..Category: Administrative Law | Date: | Hits: 159
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....arifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 2342 of 1992). ......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 ...... Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed b..Category: Tenancy Law | Date: | Hits: 70
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....Zakir Ahmed, Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on-Record -For the Respondent in both the appeals. Civil Appeal Nos. 48 and 49 of 1993 (From the Judgment and order dated 2-3-93 passed by the High Court Division in Income Tax Reference Application Nos. 30 & 31......ts but subsequently submitted a revised return for 1976-77 with audited statement of accounts showing a loss of Taka 42,48,262.00. The Deputy Commissioner of Taxes, Company Circle 11, Dhaka issued notices under sections 23(2) and 22 (4) of the said Act on the appellant for both the assessment ye......als arise Out of a Certificate granted 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 In..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....rd — For the Respondent No. 1. Not represented—Respondent Nos. 2 & 3. Criminal petition for Leave to Appeal No. 143 of 1996. (From the Judgment and order dated 8-7-96 passed by the High Court Division, Dhaka in Criminal Revision No. 450 of 1996). ......ocedure is a matter for the trial Court to consider. Thus after giving cogent reasons the trial judge refused to accord consent for withdrawal of the prosecution. 3. In revision, as already noticed, the State did not press the earlier Rule and consequently the same was discharged for non-......R Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondent No. 1. Not represented—Respondent Nos. 2 & 3. Criminal petition for Leave to Appeal No. 143 of 1996. (From the Judgment and order dated 8-7-96 passe..Category: Criminal Law | Date: | Hits: 63
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