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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...... 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)
....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
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 ...... not avail of the prevailing administrative remedy (some of them submitted representations to the Bank authorities but without waiting for the result thereof prematurely filed the cases), that the appointment of 73 officers having taken place in 1976 and 1977 all the applications are barred by l..Category: Administrative Law | Date: | Hits: 159
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......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 ..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
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....ng an affidavit in-opposition supported by another supplementary affidavit-in opposition contending that the original Owner Md. Yahiya left Bangladesh for Pakistan with members of his family some time in the year 1970 and his whereabouts were not known when President’s Order No. 16 of 197...... 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
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....as been stated that the accused persons create forged deed in respect of the informant’s land l collusion with each other by false personation the informant came to know about the same first time when accused No. 1 Nurul Anwar disclosed about the same in the enquiry made by the Thana Rural......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....tting of a particular criminal case at a particular place forsaking the usual place of sitting of the court of Sessions and, secondly, a Court of Sessions cannot have two sitting places at the same time. The writ petition was dismissed summarily by a Division Bench of the High Court Division by j...... the power to direct at what place or places the Court of Sessions shall hold its sitting. Therefore, the power of the Government is pervasive over (1) the establishment of a Court of Sessions, (2) appointment of a Judge of a Court of Sessions and (3) determination of the place or places where th..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....tance in their grievance, the condemnation turns out to be all round. 2. The least that we can say is that the way in which the appeal has been disposed of is quite unsatisfactory. For some time past it is being noticed that the learned presiding Judge of the Bench concerned, we say with ......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 ..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....ing to quash the criminal proceeding pending before the Chief Metropolitan Magistrate, Dhaka against them under sections 420/109 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 Novem......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
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... petitioner and other in the Court of Subordinate Judge and Artha Rin Adalat, Chittagong for recovery of Taka 25, 96, 27,209.04 and on 26-2-95 filed an application under Order XXXIX rule 7 CPC for appointment of an Advocate Commissioner for making an inventory of all the machineries, spare parts..Category: Procedural Law | Date: | Hits: 98
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