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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. ......n of this appeal turns upon the points (i) whether this Court should allow a party to agitate a point on which leave to appeal had not been granted; (ii) whether in the face of clear suppression of facts which appear to be motivated the defendant should at all be granted any relief; and (iii) wh..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. ...... the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer ship in the tenancy is relevant, but in section 24(1) of Non-Agricultural Ten...... 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. ..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.
......)(a) of section 22 of the Ordinance. On the basis of the said list the Registrar prepared a further list of voters.
3. The Employees Union then preferred Writ Petition No.2 109 of 1995 calling in question the legality of the letter of the Registrar of Trade Unions, Chittagong, dated 13 September......9 of 1995).
Judgment
Bimalendu Bikash Roy Choudhury J.- This appeal is directed against the judgment and order of the High Court Division in Writ Petition No. 2109 of 1996.
2. The relevant facts are brief and not in dispute. There are two registered trade unions in Karnaphuli Papers Mills..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ...... on record. The suit was dismissed only on the ground that the plaintiffs filed the suit long after the period of limitation after the suit land was recorded in the name of the defendants. Had the question of possession been considered by the two Courts below on the basis of oral evidence on rec...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......arned Judge of the High Court Division rightly noticed that all the parties in the partition suit have no common interest in respect of the lands of SA Khatian Nos. 752, 762 and 764 of the Mouza in question which are alleged to have been left out of the suit. In the facts and circumstances of the......tition suit, the learned Judge of the High Court Division erred in not setting aside the wrong judgment and decree of the courts below. We do not find any substance in his submission in view of the facts that the learned Judge of the High Court Division rightly noticed that all the parties in th..Category: Property Law | Date: | Hits: 51
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. ......ontends that the findings of the High Court Division that the respondent is not getting rent for 18 years is based on consideration of evidence and, as such, it does not give rise to any important question of law to be decided by this Division. He further argued that in the event of success in t...... 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. ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......particular case is not adequate and effective, then, such discretion can hardly be interfered with. But in the cited case the High Court Division did not apply properly their mind as to the law and facts of the case and it misconceived the whole matter as to the provisions of Article 52 wrongly ..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... 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. ......pected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by defence when the case is under trial. 7. It may be noted here that a TI parade ......rdinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused persons in Court lock up before the identification in the T I parade. In view of the Police Regulation, facts and circumstances of the case and earlier decisions, T I parade has become meaningless and no..Category: Criminal Law | Date: | Hits: 92
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. ......ds the declared value of which is higher than its tariff value fixed under this sub-section shall be chargeable with customs duties on the basis of its declared value. 9. The appellants raised the question in the writ petitions as to whether the aforequoted delegated power of the Government to fi...... invoice dated 9-3-95 showing import of 200 bags equivalent to 10 MT of Soda Ash from China. The consideration of this particular import reflects, Dr. Kamal Hossain submits, a mindless application of facts. The last Gazette Notification on the tariff value of Soda Ash Light was made on 17-6-96 Sitti..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....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 impugned orders were passed and thus allowed itself to a patently erroneous decision which is wholly unsustainable. Mr. Ahmed submitted that the High Court Division suo motu chose to consider the question of authority of the Government to cancel/suspend the licence which was neither the case of ......ief allegation was so vague that there was no opportunity for the respondent to make a proper representation of his case. Mr Ahmed submits that serving of a mere notice without tangible allegation of facts giving particulars and thereby depriving the person accused of an effective opportunity to def..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 ......ed to advert to. 9. We have gone through the petitions of the petitioners before the Administrative Tribunal. Nowhere do we find invocation of any fundamental right for enforcement. Nor any question of fundamental right was agitated before the Tribunals below. As such, we do not see how t......cause of action accrued long ago and even the impugned seniority list which they want to be modified was published by the Bangladesh Bank on 31-3-90. It is therefore absolutely incorrect to say on facts that the petitioners were not affected by any order, decision or action of any authority whic..Category: Administrative Law | Date: | Hits: 159
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 ......ties subsequently after the completion of the Air Conditioning work at the BTV Auditorium was essentially a civil dispute not warranting cognizance by criminal Court. The learned Judges noticed the facts of the case as stated above and at one stage directed the learned Advocate for the responden..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 ...... etc. The present suit was not an SCC suit but regular Title Suit and there is no reason why mesne profits cannot be allowed. As for the amount we cannot permit any argument at this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dism......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
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... 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 ......the victim-complainant was not considered by any Court. 3. As to the last submission, it is to be observed that the offence under section 376 is non - compoundable and, as such, there is no question of withdrawal. The doctor who examined the victim girl was not available and therefore ano...... 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 ..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 ......the High Court Division with an application marked as Civil Revision No. 169 of 1989 Sylhet/626 of 1990 Dhaka under section 115 of the Code of Civil Procedure and obtained a Rule therein calling in question the validity of the order. A learned Single Judge of the said court; by judgment an......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
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ion and do not mean that he shall have to establish his claim to retain his present possession, that is to say, the decree-holder has to file the suit under rule 102 for possession for deciding the question of title because in a case under rule 101 the executing court can deal only with bonafide ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
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 ......t of a Certificate 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,......ich 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 company, incorporated under the Compan..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 ......for withdrawal of the prosecution. 3. In revision, as already noticed, the State did not press the earlier Rule and consequently the same was discharged for non-prosecution. Now the material question is, when the Government did not pursue its application for withdrawal under section 494 of...... 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 ..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 ......on to a third person and consequently decreed the suit for restoration of the plaintiff’s possession. From the pleading it appears that the title suit between the parties is pending where the question of title between the parties will be adjudicated. The learned Single Judge has not committ......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
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 ......on in Civil Order No. 2474 of 1996). Judgment: Latifur Rahman J: This Appeal following leave by the appellant who was an election petitioner, calls in question the judgment and order passed by a Single Judge of the High Court Division in Civil Order ...... 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 ..Category: Others | Date: | Hits: 87
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