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Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....-1997 when a Counsel for the Government stated that the learned Attorney-General had already written to the Government in respect of the reliefs sought for by the writ petitioners and prayed for some time for examination of the matter by the Government. The Division Bench adjourned the matter upto 2......eate new services or amalgamate or unify existing services. In exercise of powers under section 5 thereof, the Government passed the Services (Grade Pay and Allowances) Order, 1977 fixing the grades, scales of pay etc of, inter alia, the subordinate judiciary, re-fixing them from time to time by iss..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....o. 1 of 1999 for drawing up a contempt proceeding against the respondents. 2. In this petition, it has been stated Civil Appeal No. 130 of 1997 was heard for quite a considerable period of time and thereafter the case was fixed for delivery of judgment on 20-8-98. On that date the judgme......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....eeding in an Artha Rin Adalat. Order 9, rule 9 is an integral part of the Code. There is no specific bar to an application under Order 9, rule 9 in the cases under the Act. 5. At the same time, under sub-section (2) of section 6 of the Act it is provided that for setting a side an ex pa......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....) shall not be taken against him as the Managing Director of the said Bank. By the said order appellant was also directed to refrain from performing the functions of the Managing Director from the time of receipt of the order until further orders and allowed the Deputy Managing Director of the B......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....espondent AKM Abdullah contested the election of the Chairman of the aforesaid Union Parishad held on 29-12-1997 and the polling of all centres were held peacefully and there was no trouble at the time of counting of the ballot papers of the Chairman. But at the time of counting of ballot papers......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)
.... 10. The appellant has alleged that notice was served upon her at about 11 O’clock on 24-3-98 and she could not take steps for representing herself in the High Court Division due to want of time. The appellant has further alleged that the impugned order was passed ex parte without giving ......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
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....to inform the police station. PWs 1 to 6 PW 7 and PW 8 could not go near the accused persons as they showed force and for this PW 3 and PW 8 came back after following the accused persons for some time. PW 4 hid himself in the sugar cane field when the accused persons left the place of occurren......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....uit land. Mr. Alam also could not satisfy us whether any such issue was suggested by the petitioners before the trial Court or before the lower appellate Court. This issue was raised for the first time in revision and the High Court Division rightly found that the plaint contains sufficient desc......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)
....has been charged for committing an offence of misappropriation of Taka 49,967 by creating certain false vouchers showing sale of fertilizer. The trial having not been completed within the specified time, the Divisional Special Judge on 4-1-87 stopped the proceeding under section 339C Code of Cri......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
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ni Das vs. AKM Habibur Rahman & ors reported in 13 BLD (AD) 217 in which it has been held that question of res judicata cannot be decided from a reading of the plaint and should be decided at the time of trial. The High Court Division also held relying on another decision of the Appellate Divisi......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
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
....tant Judge, Dhaka by judgment and decree dated 5-10-1993 in the following terms: “…...the plaintiff’s title to Schedule ‘Ka’ property is declared. At the same time the kabala deed described in Schedule ‘Kha’ is declared to be forged, fraudulent a...... 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
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
.... No. 3453 of 1996. By the said order the learned Judge maintained the order of the appellate Court (Subordinate Judge, First Court, Dhaka) who 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.......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. ..Category: Property Law | Date: | Hits: 59
....he contractors. The Employees Union after having received the copy of the letter sent a letter on 14 September 1995 to the Registrar pointing out that the said second letter was untenable. In the meantime KPM supplied a list of contractors’ workers without giving parentage, age, the section or dep......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.
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Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... consider only the following point- “Mr. Serajul Haque, learned Advocate for the accused petitioners submits that before the TI parade the accused-petitioners were brought six times before the Court. The informant could not recognise any of the accused-petitioners during th...... 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)
..... 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 ton. At the time of clearance of the imported goods from the vessel at Chittagong Port on 23-10-96 respondent No......to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of documents annexed by both sides as to on whose side the scale is heavier. If the writ petitioner’s documents carry more weight his case will be accepted. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....e submissions made before us, it becomes necessary to consider the provisions of section 14(1) of the Ordinance which read: 14. Cancellation, suspension, forfeiture of security, etc.-(1) If at any time during the pendency of a licence, the Government is satisfied, after making such enquiry as it ......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
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....3,60,982.00 for Air Conditioning of the BTV Auditorium at Rampura, Dhaka and respondent No. 2 also got a contract of value of Taka 13,60,000.00 for piping and ducting work at the same site. At that time respondent No. 1 was a clerk in the petitioner’s company and was entrusted with dominion......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
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....ard to the assessments the Appellate Joint Commissioner of Taxes could do the same. He had all the authority to finalise the assessments on the basis of audit reports, made available to him at the time of hearing of the appeals, without being too meticulous about the examination of the accounts ......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
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
.... subsequently amen by an SRO dated 3-1-83 certain percentage of Appraisers are to be recruited by direct recruitment and certain percentage by promotion from amongst the Preventive Officers at all times, the proportion varying at various stages. The petitioners were all Preventive Officers who j......on is to be filled up first and then the case of direct recruitment is to be taken up. Further, by memo dated 26-6-83 the two posts of preventive officers and appraisers were placed in the same pay scale of Taka 470-1135.00. The appellants contended that by having the same scale of pay the preve..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....of the same, earn him a decree from the Court for the amount claimed, unless he substantiates the figure by adducing evidence. 19. The plaintiff’s claim is that he had at the material time two agreements (Ext. 9(a)) dated 17-4-85 and (Ext. 9) dated 7-5-85 for purchase of two scrap-s......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
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