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Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....mission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......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. ......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)
.... the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......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. ......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)
....rits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......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.......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)
....nity. 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. ......peal arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' schedule land and also for recovery of khas possession in 'Kha' schedule land. According to the plaintiffs, their predecessor,......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)
....do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......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. ...... 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)
....hese reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ...... 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. ......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
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
....s be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... 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. ...... 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)
.... 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. ....... 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. ...... 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)
....missed. 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. ......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. ......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)
....of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......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 ......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)
....stion 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 ......able the amount allowed was not in accordance with law. It is difficult to agree with the first part of Mr. Karim submission because Order XX rule 12 CPC clearly provides that where a suit is for the recovery of possession of immovable property and for rent or mesne profits the Court may pass a decr......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
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
.... 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 ......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 ......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
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....ing 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 ......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 ......te appearing for the defendant-petitioner submits that the plaintiff is not entitled to restoration of possession in this suit filed under section 9 of Specific Relief Act. 5. In a suit for recovery of possession under section 9 of the Specific Relief Act, notwithstanding any other title ......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 ..Category: Property Law | Date: | Hits: 61
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
..... 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 ...... 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 ......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)
....s 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 ......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 ......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)
....ment 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 ......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 ...... 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)
....ny 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 ......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 ......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)
....h calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......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...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....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 ......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 ......m examination of the deceased was quoted in which the doctor, among others, described the first injury on the deceased as follows: “1. One oval wound at entrance of fire arms of anterior aspect of mid left thigh margin blackened and irregular. Depth of the wound alm..Category: Criminal Law | Date: | Hits: 77