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Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....ed grounds of transfer were not even noticed in the impugned order but even then transfer was allowed by merely saying that “without accepting rejecting the grounds for the transfer, we think justice will be met if the case is disposed of by the Court of Sessions Judge, Nawabganj.” ......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. ......nbsp; 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 an......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. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....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.......vestigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds plaint cannot be rejected……………… (6) Cases Referred to- Sreemati Pushpa Rani Das vs. AKM Habibur Rahman & ors 13 BLD (AD) 217, Shahabuddin vs. H...... January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decisi..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....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. ......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. ...... 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 passed by t...... Immovable Property (Temporary Provisions) Order, 1972 (President’s Order No. 142 of 1972), the Government was a necessary party to the suit, but the High Court Division committed an error of law in holding that the suit was not bad for non-joinder of party. 5. The object of the Pr..Category: Property Law | Date: | Hits: 47
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. ......mal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director……………….Petitioner Vs. Md. Abul Kalam......e IRO case. It is submitted that he was an officer, not a worker. It is submitted that any 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 jurisdictio..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. ......p;…………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 disputed property and in writ ......llenge the right and title of the predecessors-in- interest of the writ-petitioner. Therefore, their claim of title at such a belated stage after about 58 years cannot be entertained in the eye of law. Besides, during the pendency of the writ petition respondent No. 1 petitioner filed an applica..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....1, 1999. The Constitution of Bangladesh, 1972, Article 103 A party should not be heard on a ground on which leave was not granted although there may be exceptions in the exigencies of justice…………(9) Case Referred to- Idris Shaikh vs.......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. ...... A party should not be heard on a ground on which leave was not granted although there may be exceptions in the exigencies of justice…………(9) Case Referred to- Idris Shaikh vs. Jilamon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian M......d (iii) whether the courts below were entitled to extend the time for deposit and save the suit from the mischief of the default clause. 9. To begin with, it is an established principle of law and practice that a party should not be heard on a ground on which leave was not granted, altho..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... 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. ......ereafter an Advocate Commissioner was appointed for distributing and separating the boundary of the saham of the ejmali land to the parties of the said partition suit and the Advocate Commissioner accordingly distributed and separated the saham and filed his statement on 2-10- 78. Thereafter, th......11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Advocate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of......ew of the provisions of section 2(2) of the Code of Civil Procedure read with section 24(11) of the Non-Agricultural Tenancy Act, 1949, the learned Single Judge of the High Court Division erred in law in affirming the decision of the court of appeal below which was based on the reasonings that t..Category: Property Law | Date: | Hits: 57
....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.
...... the employment may be by the management directly or through a contractor. In either case there has to be a contract of employment between the management and the person employed. Therefore, a worker, according to the definition is a person who enters into a contract of service under the management a......& another…………..Respondents
Judgment
January 22, 1998.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors are the employees of the contractors over whom the contractors have absolute control. Attendanc......a relationship of employer and employee exists between them. Such employees are deemed to be the employees of the management. He also submits that the High Court Division upon a misconception of both law and fact erred in holding that the contractors’ workers are all casual workers and thus debarr..
Category: Labour and Industrial Law | Date: | Hits: 163
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... 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. ...... 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. ......er XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the petitioner is no ground to stay the title execution case……………………(5)&...... 3. It was contended by Mr. NH Khandaker that in view of the pendency of the appeals and the petitioner being in possession in the disputed property the High Court Division fell in error of law in not noticing that the possession of the petitioner is protected under section 53A of the Tra..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....the requirements of sub-clauses (3) and (4) of Paragraph 45 of the First Schedule of the Dhaka University Order and Regulations, 1973. The resolution is thus violative of the principles of natural justice as the respondent was not heard at all before adopting the impugned resolution. As such the......n taking charge of the fund found irregularities in the management of the same. He requested Professor Anwarullah Chowdhury to hand over papers relating to the fund to him but he did not do so and accordingly the respondent felt the necessity of auditing the fund by a Chartered Accountant. He ve......exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law…………&helli......tion will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law………………(10) Lawyers Involved: M Nu..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... 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. ......ice of Soda Ash Light has gone up to that extent. The high-powered committee did not have in its possession any reliable materials to take such a big leap in tariff value. The high-powered committee, according to paragraph 2 of the supplementary affidavit-in opposition of the respondents, has “tak......vision (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Mustafa Kamal and another……………Appellants Vs. Commissioner of Customs and others……………..Respondents Judgment December 8, 1999. Result: The two a......69 the rate of duty leviable in respect of goods described in that section is prescribed in the First Schedule, which rate is amended by Parliament each year by either the Finance Act or by any other law. The power to change the rate of duty is an exclusive power and preserve of the Parliament and t..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
.... and cancellation of the licence, dated respectively 15-9-93 and 26-2-94 (Annexure-“C” and “H” respectively to the writ petition) mainly on the ground of violation of the principle of natural justice in that there was no show cause at all in the first case and there was no effective opportun......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 lawful authority. ......……Appellants Vs. Md. Tajul Islam………………………………………………...Respondent Judgment February 5, 1997 Result: The appeal is dismissed. Cases Referred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 19......lourable exercise of power, he alleged. 4. The appellant-Government filed an affidavit-in-opposition denying the allegations of the respondent and asserting generally that the impugned orders were lawfully passed under the Ordinance. 5. It appears that in the High Court Division, the responden..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....so required to set up the norms of administrative discipline. Once it is held by the Appellate Tribunal in Atiqullah’s Appeal Case No. 38 of 1988 that it is in consonance with law, equity and justice that Bangladesh Bank is responsible for resolving the complexities arising out of their own...... 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 ...... 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 23-11-95 p......n No. 66 of 1976 in the High Court Division seeking for a direction that the said proposal for recruitment without reservation for the promotees and direct recruits in the ratio of 2:1 was without lawful authority and of no legal effect and also praying for a direction upon the respondents to co..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....of plaint for the same purpose has been rejected, he can always seek remedy in a higher Court. 9. The quashing of criminal proceeding, in our opinion, has not caused any miscarriage of justice it’s the special circumstance of this particular case. The petition is, ...... 9. The quashing of criminal proceeding, in our opinion, has not caused any miscarriage of justice it’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) ......Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. Criminal Petition for Leave to Appeal No. 94 of 1995. (From the judgment and order dated May 2, 1995 passed by th......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)
....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 ...... 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 defaulter and not entitl......nvolved: 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 by the High......on under section 18 of the Ordinance. It is; however, open to a tenant to plead waiver in a particular case to show that the landlord waived his right to receive rent in terms of the agreement or the law. It does not appear that any plea of waiver was taken in the present case. 4. Mr. Fazlul..Category: Tenancy Law | Date: | Hits: 70
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
....bability, the fact remains that as far as the present petitioners are concerned the offence has been found to be proved against them. Overall we do not think that there has been any miscarriage of justice even though the grievance made by the learned Advocate is that all his submissions were not...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......ocate (appeared with the leave of the Court), instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 177 of 1996 (From the judgment and order dated August 11, 1996 passed by the H...... withdrawal. The doctor who examined the victim girl was not available and therefore another doctor PW 9 was examined to prove the handwriting of the examining doctor. His report was admissible in law. As to the recognition of the accused, there were other witnesses besides the victim girl and t..Category: Criminal Law | Date: | Hits: 53
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 ......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 ...... instructed by Md. Nawab Ali, Advocate-on-Record — For Respondent Nos. 1-4, 6, 10-14. Not represented—Respondent Nos. 5, 7, 9 & 15. Civil Petition for Leave to Appeal No. 200 of 1995. (From the Judgment and order, dated 1 December 1994 passed......8 who was directed to ex the kabala having died the title execution case question cannot proceed in the absence of his heirs and the learned Judge of the High Court Division fallen into an error of law in refusing to dismiss t execution case. 3. We find no substance in the contentio..Category: Property Law | Date: | Hits: 84
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....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 ......pplication 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 Income Tax Act, 1922, hereinafter referred to as the said Act. 2. The short facts for disposal of these appeals tie that, the appellant......icate 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 Income Tax Act, 1922, herei..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......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 passed by the H......, the Tribunal found that out of 43 accused for whom withdrawal application was filed 37 were not at all complying with the order of the court to surrender and consequently they were fugitive from law. The learned Tribunal Judge also found that enmities between the parties could not be a valid g..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....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 ......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 ......volved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 154 of 1995. (From the Judgment and order dated 29-11.94 passed by the High C......session under section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law can claim for recovery of the possession. In the present case, the learned Single Judge of the..Category: Property Law | Date: | Hits: 61
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