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Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

....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......r Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents Judgment  &n......n for Leave to Appeal No.36 of 1995). Judgment      Latifur Rahman J.- This appeal by leave by the pre-emptee appellant by way of review is against the judgment and order passed on 18-1-96 in Civil Petition for Leave to Appeal No. 36 of 1995 dismissing the leave p..

Category: Property Law | Date: | Hits: 57

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....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......ve absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a...... represented — Respondent No. 2. AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party. Civil Appeal No. 80 of 1997. (From the judgment and order dated 7 July, 1996 passed by the High Court Division in Writ Petition No. 2109 of 1995). J..

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.   ...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioners Vs. Abdur Jabbar De......b Ali, Advocate- on-Record — For the Petitioners. Not Represented — The Respondents. Civil Petition for Leave to Appeal No. 904 of 1997. (From the judgment and order dated 22-06-1997 passed by the High Court Division in Civil Revision No.1798 of 1994). ..

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. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Abdul Kader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. S......dant No. 17 “Ka” of Title Suit No. 188 of 1970 (Partition) of the Court of Subordinate Judge, First Court, Barisal has preferred this petition for leave to appeal from the judgment and order dated 8-5-97 passed by a  Single Bench of the High Court Division  dismissing Secon..

Category: Property Law | Date: | Hits: 51

Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)

.... 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......ree for ejectment against the petitioner is no ground to stay the title execution case……………………(5)  Lawyers Involved: NH Khandaker Advocate-on-Record- For the petitioner. Ozair Farooq, Advocate, instructed by Md. N...... dated 19-11-98 passed by the High Court Division in Civil Revision No. 3536 of 1998). Judgment:      AM Mahmudur Rahman J.- By this petition the petitioner seeks an order for leave to appeal from the judgment and order dated 19-11-98 of the High Court Division dis..

Category: Property Law | Date: | Hits: 87

University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)

....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......resent: ATM Afzal CJ Mustafa Kamal J      Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor ...... Division in Writ Petition No. 456 of 1994). Judgment      Mustafa Kamal J.- This petition for leave to appeal by the respondent-petitioners is from the judgment and order dated 11-1-95 passed in Writ Petition No. 456 of 1994 by a Division Bench of the High Court D..

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. ......inal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State ………...... B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record — For the Respondent. Criminal Appeal No. 25 of 1998. (From the judgment and order dated 26th April,1998 passed by the High Court Division in Criminal Revision No. 444 of 1992..

Category: Criminal Law | Date: | Hits: 92

Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)

....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......ported in: 52 DLR (AD) (2000) 1. ......ls). Mahmudul Islam, Attorney General instructed by B Hossain, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeal Nos. 116 & 117 of 1997. (From the judgment and order dated 17-12-1996 passed by the High Court Division, Dhaka in Writ Petition Nos. 4336 and 4337 ..

Category: Business or Commercial Law | Date: | Hits: 165

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

....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......D) (1997) 177. ......Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Nawab Ali, Advocate-on- Record—For the Respondent. Civil Appeal No. 36 of 1995. (From the judgment and order dated 24-8-94 passed by the High Court Division, Dhaka in Writ Petition No. 449 of 1994). J..

Category: Constitutional Law | Date: | Hits: 192

AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)

....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......ructed by Abul Quasem, Advocate-on-Record — For Sit Petitioners. Not represented—Respondent. Civil Petition for Leave to Appeal No. 803 of 1994. (From the Judgment and Order dated 11-894 passed by the High Court Division in Civil Revision No. 117 of 1993). ......t. respondent against which the respondent filed Miscellaneous Case No. 11 of 1992 under Order IX rule 13 CPC which was allowed by the Senior Assistant Judge, 1st Court, Chittagong by judgment and order dated 29-10-92 on the ground that although the respondent could not prove that he was ill on ..

Category: Procedural Law | Date: | Hits: 118

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

....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......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitioners ...... 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 passed by the Administrative Appellate Tribunal in Appeal No. 99 of 1994). ..

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 ......p;…………………… Petitioner               Vs. Abdur Rahim and 4 others…………………..  Respondents ......ior 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 the High Court Division, Dhaka in Criminal Revision No. 965 of 19..

Category: Criminal Law | Date: | Hits: 93

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....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......cted 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 Court Division, Dhaka in Civil Revision No. 2342 of ...... 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 Court Division, Dhaka in Civil Revision No. 2342 of 1992..

Category: Tenancy Law | Date: | Hits: 70

Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)

.... 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......ion (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J     BR Roy Choudhury J Sorbesh Ali and anr ……..Accused-Petitioners        &nbs...... 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 High Court Division, Dhaka in Criminal, Revision No. 574 ..

Category: Criminal Law | Date: | Hits: 53

Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)

....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......hellip;….Petitioner                       Vs. Md. Iqbal Ahmed and others………………….Respondents Judgmen......pondent 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 by the High Court Division in Civil Revision No 169 of 1989 (Sy..

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 ......sp;                     Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th,......ain, Advocate-on-Record — For the Petitioner. Not represented—Respondents. Civil Petition for leave Appeal No. 209 of 1997. (From the judgment and order dated November 27, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 1408 o..

Category: Property Law | Date: | Hits: 64

Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)

....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......r of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-...... Zakir Ahmed, Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on-Record -For the Respondent in both the appeals. Civil Appeal Nos. 48 and 49 of 1993 (From the Judgment and order dated 2-3-93 passed by the High Court Division in Income Tax Reference Application Nos. 30 &a..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)

.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135.   ......e Court, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the High Court Division in Civil Order No. 1074 of 1994. Jud......urt, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the High Court Division in Civil Order No. 1074 of 1994. Judgmen..

Category: Civil Law | Date: | Hits: 120

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

...., 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......Supreme Court Appellate Division (Criminal) ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Abdul Khaleque and Others………………..Petitioners    &n......n-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 High Court Division, Dhaka in Criminal Revision No. 450 of 1996). ..

Category: Criminal Law | Date: | Hits: 63

Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....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...... Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment ......y 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 Court Division in Civil Revision No. 1618 of 1991 (Dhaka) 1..

Category: Property Law | Date: | Hits: 61