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Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (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. ......ny workman may apply before the Labour Court for the enforcement of any right granted to him by or under any law but in the present case as respondent No. 1 was not a labourer he cannot invoke the jurisdiction of the Labour Court under section 34 of the Industrial Relations Ordinance. He submit..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....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. ......ion 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 disputed property and in writ jurisdiction the High Court Division is not debarred to comment on title. &n..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....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. ...... interfere with the order maintaining the same view. 5. Leave was granted on the submission of the defendant appellant that the time for deposit was not finally fixed so that the court had jurisdiction to extend time which the courts below refused to do upon misconstruction of the order...Category: Property Law | Date: | Hits: 59
....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.
......sted as voters for election of the CBA under the provisions of section 22(5)(a) of the Ordinance, and that inclusion of their names in the voters’ list Annexure “D” was unauthorised and without jurisdiction. Moreover, the contractors’ workers list showed that it was not prepared in accordanc..
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
....sion Vol. 111 page 700 has held that great care must be exercised before acting on a belated identification by a witness who cannot be said to be an independent and unbiased person. In the case of total strangers, it is not safe to place implicit reliance on the evidence of witnesses who had jus......est identification parade, if held promptly and after taking necessary precautions to ensure its credibility, would lend the required assurance which the court ordinarily seeks to act on it. In the absence of such test identification parade it would be extremely risky to place implicit reliance ...... 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)
..... Mahmudul Islam, leaned Attorney-General, submits in reply that the Government do not join issue with the appellant that exercise of power under section 25(7) has to be made on a rational basis, not totally unconnected with international market price, and that some guidelines ought to be there to e......the international market price of a particular item of import or export has either gone up or down during the interim period between the last meeting of the committee and the impugned meeting. In the absence of any credible materials in this regard the committee will be exposed to a justified critic......n is essential and their mere presence in respect of items involving non- protective customs duty will not vitiate the proceeding. In fact, their presence is essential when a subject-matter under the jurisdiction of Tariff Commission is considered. He further submits that the Government of necessity..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....r refute them and the Government may also hold an enquiry when issues are joined on facts and thereafter comes the question of satisfaction of the Government. I entertain no doubt that the notice was totally vague and indefinite as to be amenable to a proper and meaningful reply. As to the reference......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. ......the Ordinance it is the Special Court which is vested with the authority to pass the impugned order canceling the licence and not appellant No.2, it was held that the appellant acted in excess of his jurisdiction and accordingly, the impugned orders were declared to have been passed without any lawf..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....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 ...... because of various steps taken by the respondent against the said proceeding and ultimately it appears that they came to the High Court Division in 1991 for quashing of the proceeding invoking its jurisdiction under 561A of the Code of Criminal Procedure. At the hearing of the matter in the Hig..Category: Criminal Law | Date: | Hits: 93
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....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 ...... but he contends that acceptance of the same by the landlord would exonerate the default. We do not think so. A tenant who has failed to pay rent within the date stipulated in the agreement or in the absence of agreement according to the provision of the Premises Rent Control Ordinance will be a def......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
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......ant No. 8 died and so an application was filed from the side of din decree-holder for striking off his name. The petitioner who is one of the judgment. I thereafter came up with a plea that in the absence of the heirs of the deceased judgment-debtor No. 8 the execution case itself was not mainta......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....ction 23(4) of the said Act which is known as best judgment assessment and in so doing he rejected the trading accounts of the appellant for both the assessment years and for 1975-76 determined the total income at Taka 4, 86, 84,105.00 and for 1976-77 determined the total income at Taka 5, 71, 8......e assessment years but none appeared before him on 20.4-76, the date fixed for hearing. On his own the said Commissioner adjourned the matter to 18-5-76 and also thereafter to 21-6-76. Then in the absence of the appellant the Deputy Commissioner made the assessment on 2 1-6-76 under section 23(4......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
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... Appeal No. 5 of 1993. In spite of several adjournments he did not appear on the date of hearing of the appeal and the appeal was dismissed for default. In revision while exercising the revisional jurisdiction the learned Single Judge by his order dated 18-8-96 rejected the application as not be..Category: Others | Date: | Hits: 87
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....urt Division did not look into this evidence, as has been rightly submitted by Dr. Kamal Hossain. From the said evidence on record it has not been established at all that the, plaintiff suffered a total loss in respect of beaching and breaking of MV Reunion. It establishes at best that for break......tiff did not lead any evidence that MV Arcadia was anchored at the outer anchorage and could not gain entry into the plaintiffs shipyard because of the obstruction created by the defendant. In the absence of such evidence, he submits, the mere entry of MV Arcadia into Bangladesh does not prove l......elf felt difficulty in supporting the basis of calculating damage as done by the learned Subordinate Judge. Dr Kamal Hossain rightly pointed out that the High Court Division was not exercising its jurisdiction in certiorari so as to be satisfied merely with the “reasonable basis” and..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... 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 ......een done in accordance with law. 4. Leave was granted on the following submissions of the learned Additional Attorney-General— (i) The High Court Division acted in excess of its jurisdiction in interfering with the findings of fact made by the Court of Settlement as if sitting..Category: Property Law | Date: | Hits: 89
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... 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 ......f Sessions under section 9(2). 8. Thirdly, section 9(2) does not contain any prohibition forbidding the Government from making any special order in respect of a particular case. However, the absence of prohibition does not mean the granting of a power. The granting of a power is derived fr...... 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
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......malendu Bikash Roy Choudhury J: This appeal, at the instance of the Chairman, Chittagong Port Authority, is directed against the judgment dated 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ...... Judge, Second Court, Gazipur. The defendants challenged the appellate decision in Civil Revision No. 1993 of 1996 and a Division Bench of the High Court Division heard the matter on merit in their absence and discharges the Rule by its judgment and order dated 13 November 1996. The petitioners t......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......heard before sealing their mills which was an arbitrary action. They made representation to the different authorities but without any result. Ultimately they moved the High Court Division in the writ jurisdiction impugning the said action of the petitioners.
2. It appears that neither any affida..
Category: Others | Date: | Hits: 128
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....on 30 of the Special Powers Act which the High Court Division failed to do in the instant case. The High Court Division was swayed by the facts and circumstances of the other writ petition and was totally unmindful of the facts of the present case and did not at all consider that the appellant h...... not inform him of the said transmission. Consequently he had knowledge about the subsequent proceedings and could not appear before the Special Tribunal and the trial and the case proceeded in his absence .The order sheet of the Special Tribunal shows that no notice was issued either by the Sen......rically‑charged torchlight does not render him liable for an offence under section 19(f) of the Arms Act or any other section of the Arms Act and, as such, the Special Tribunal acted without jurisdiction in taking cognisance of the case against him and in ultimately convicting and sentenci..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......s Title Suit No. 72 of 1984. By a judgment and decree dated 28-3-85 the appellant’s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3..Category: Administrative Law | Date: | Hits: 131
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