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....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.
......section 2(XXVIII) of the Ordinance and true construction of their terms of employment. He elaborates his arguments saying that the incidence of employment of these workers with KPM are missing in the case. They were merely employed by the independent contractors personally. So they were not even cas......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.
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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 and if the High Court Division noticed this failure of the two Court below the result of the suit would have been different. 3. The plaintiff-petitioners elaborately argued their case before the High Court Division but this point was not agitated therein, nor do we find any suc......l Revision No.1798 of 1994). Judgment Mustafa Kamal J.- The plaintiff-petitioners’ suit, Title Suit No. 15 of 1989, for declaration of title to the suit land was dismissed by the learned Assistant Judge, Kaliganj by judgment and decree dated 30 04-92 w..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. ......ve 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 case we do not find any illegality in the impugned judgment. The petition is, therefore, d......ordinate Judge 1st Court Barisal decreeing the suit for partition., (Title Suit No. 188 of 1970) declaring thereby the plaintiffs share to the extend of 4.64 ½ acres in the suit land. 2. Syed Ziaul Karim, learned appearing for the defendant-petitioner submits only poi..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. ......cy 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) Lawyers Involve...... 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. ......llor for redress of his grievance which is an equally efficacious remedy provided by law as per provisions contemplated in Article 52 of the Dhaka University Order, 1973, as has been upheld in the case of the Controller of Examinations vs. Mohammad Mohiuddin, (1992) 12 BLD (AD) 309. 9. ......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. ..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. ......gment August 16,1999. The Police Regulation, 1943, Vol. I, TI Parade Mirza Abdul Hakim and Abdus Samad were not placed on T I parade immediately after their arrest and so is the case with Fatu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly ...... 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)
.... 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. ......market price, and that some guidelines ought to be there to enable the Government to follow a chartered course. He further submits that since it is unwieldy and cumbersome to fix tariff value in each case by examining each invoice and other papers of each import it becomes necessary for the Governme...... 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)
....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. ......ed 24 August, 1994 passed by a writ bench of the High Court Division making the Rule absolute in Writ Petition No. 449 of 1994 filed by the respondent against the appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countri......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
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 ...... medical certificates. The doctor who granted the certificate or a witness who knows the doctor’s signature should be examined. As such the trial Court’s judgment was set aside and the case was sent back on remand to give an opportunity to the defendant to prove his illness. 3......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 ..Category: Procedural Law | Date: | Hits: 118
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 ......: Mustafa Kamal J: 58 petitioners including the present 4 petitioners before us filed 58 separate cases before the Administrative Tribunal in 1992 praying for fixation of their seniority with all a...... 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 ..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 ......o. 2, Money Suit No. 90 of 1985 in the 3rd Court of Subordinate Judge, Dhaka claiming Tab 66,11,606.85 being his dues out of the same work. Both the suits are pending. 5. The criminal case could not proceed because of various steps taken by the respondent against the said proceeding......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 ......provision of the Premises Rent Control Ordinance will be a defaulter and not entitled to protection 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......the next month for which the rent was due. The plaintiff alleged that the defendant was a habitual defaulter. 3. Mr. Fazlul Karim, learned Advocate for tire petitioner, submits that since the landlord accepted the rent beyond the 7th day it could not be said that there was default made by th..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 grievance made by the learned Advocate is that all 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 ...... 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 ...... d into execution in Title Execution No. 94 of 1967 which was on transfer to the court of Assistant Judge, Chunarughat renumbered as Title Execution Case No. 5 of 1989. During the pendency of this case defendant No. 8 died and so an application was filed from the side of din decree-holder for st......urt of Munsif, Habiganj a suit, Title Suit No. 96 of 1958, against defendant Nos. 1-7 and their constituted attorney defendant No. 8 for specific performance of a contract for sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No. 8 to exe..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 ......er dated 27 November, 1996 passed in Civil Revision No. 1408 of 1995, refused to interfere with the said decision. Now this petition for leave to appeal from the same. 2. Facts of the case, briefly, are that the petitioner filed Title Suit No. 17 of 1991 in the Fourth Court of Assis......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 ......answered by the Tribunal or not if the question is raised before the Tribunal then it will be taken to have arisen from its order. Mr. Rafiqul Huq, learned Counsel for the appellant, cites several cases in support of this proposition. In the case of Harilal Harijivan vs. Commissioner of Income T......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
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. ......any substance in this contention, for, the Artha Rin Adalat Act specifically provides for only two remedies against an ex parte decree. It is either by an application or by an appeal; but in both the cases deposit of 50% of decretal amount is necessary. To avoid this deposit, it appears, the petitio...... 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. ..Category: Civil 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 ......ereafter the accused-petitioners filed another revisional, Criminal Revision No. 450 of 1996, challenging the same order of the Tribunal dated 3-6-95, refusing to give consent to withdrawal of the case against the petitioners and also the order dated 3-7-96 passed by the High Court Division disc...... 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 ......anding 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 High Court Division accepted the finding of the trial Court t......to dispossession of the plaintiff, the suit for restoration of possession was filed. 3. Defendant No. 1 contested the suit by filing a written statement contending, inter alia, that the suit land belonged to Abdul Majid Wakf Estate and after the death of Abdul Majid his son Abdul Noor bec..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 ...... fraud in the said election by the said elected Chairman. The appellant prayed for setting aside the election of that polling station and for holding fresh election. Respondent No. 1 contested the case by filing written objection and denied all the material allegations. 4. The Election Tr...... 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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