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Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......nd continuity of action along with the presence of proximity of time and place that the petitioner and others were animated by a common purpose and there was continuity of their action. There is no dispute as to proximity of time and place in the commission of the offences alleged and proved aga..Category: Criminal Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....her as being responsive and the petitioner was considered non-responsive. The Board of Chittagong Port Authority, hereinafter referred to as the board, in its meeting held on 13th September,2000 took resolution No. 8823 declaring the three bidders which were found responsive by the Supervising Commi......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... of this Court is that the has no jurisdiction to pass an order of attachment before judgment against the proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of internat..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......cting the election are the subject matter of inquiry by the in committee. The provision of Article 9 1A of the Representation of the People Order 1972 has no manner of application in respect of any dispute other than pre poll irregularities and, as such, the Election Commission cannot insist in t..Category: Election Law | Date: | Hits: 158
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......ion. 5. We have heard Mr. Ahmed the learned Advocate for the appellant. He has argued the appeal in terms of the leave granting order and our consideration thereof are hereunder. 6. There is no dispute as to Jana Jiban Dutta’s ownership in the suit premises and that Kiran Bala succeeded him ..Category: Tenancy Law | Date: | Hits: 70
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......ould sent back the appeal to the Arbitration Appellate Tribunal for disposal on merit. 5. So it is seen that the opposite party before the High Court Division, i.e. the appellants herein, did not dispute the contention of the petitioner before the High Court Division, i.e. the Respondents herein..Category: Property Law | Date: | Hits: 58
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......t appears that aforesaid categorization is being made though relief directly is not sought against the parties who have been described as proforma defendants but plaintiff intends adjudication of the dispute between him and the parties who have been described as principal defendants in presence of t..Category: Civil Law | Date: | Hits: 130
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... would not have made any difference in the result, then the gift should be declared valid. 14. In Sunitibala Debi vs. Dhara Sundari Debi AIR, 1919 P.C. 24—46 I.A.-272, in order to settle family dispute between a daughter and two widows of the deceased, a compromise was arrived at. One of the w..Category: Property Law | Date: | Hits: 53
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......d Attorney-General and it calls for a close scrutiny. We propose to deal with the question as it stands. The places from where the three trawlers were captured have been set out above and there is no dispute about them. A map prepared by the Bangladesh Naval Staff Officer (Operations) has been place..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......on of the High Court Division the Income Tax Commissioner prayed for and obtained special leave to appeal against this decision. 3. Facts as to the terms of the wakf-deed as stated above are not disputed. Under the wakf deed the property has been held wholly for religious or charitable purposes..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... double standard in rechecking the ballot papers which was rejected by the Tribunal in respect of the 18 polling centres, whereas in the case of remaining 14 polling centres over which there was no dispute the High, Court Division had erroneously checked only valid ballot papers. The learned Cou..Category: Election Law | Date: | Hits: 136
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......urity Guards come within the definition of workers as given in the Factories Act. The second ground on which leave was granted is whether individual grievance of a worker can be termed as Indus-trial dispute to make an application under section 34 of the Ordinance competent. 7. Mr. Asrarul Hossai..Category: Labour and Industrial Law | Date: | Hits: 267
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......ntal Case, the High Court Division, after considering elaborate arguments advanced from the Bar both for and against the view that the worker who has not been dismissed as a result of an industrial dispute nor whose dismissal has led to an industrial dispute is not a worker within the meaning of i..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......the deed) Rs. 3, 410/- (c) Reserve fund for any emergency expenses in connection with the Wakf properties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed further provided that in the event of the total extinction of the lineal descenda..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......lation No. 3 authorising the Government to transfer a case involving offence committed prior to the Proclamation, the impugned transfer was illegal, and without any lawful authority, however, did not dispute that the Chief Martial Law Administrator has the power to legislate with retrospective effec..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ...... herewith incorporated. The incorporation of charter party into the Bill of Lading was lying in general words. The charter party contains clause No. 31 which is as follows: "Should there be any dispute between owners and Charterer, the matter shall be referred to three persons in London, o..Category: Business or Commercial Law | Date: | Hits: 89
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......ition on requisition of land under section 93A (4) (a) of the Act. It is to be noted that for the land acquired under section 79 of the Act the mode of payment of compensation and the settlement of dispute in the assessment of compensation have been elaborately provided in the Act, which has been ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ings drawn up against the appellant, whether the order of dismissal was passed in accordance with the Rules. 5. Mr. K. S. Nabi, the learned Counsel appearing for the appellant placed before us the resolution of the relevant Ministry of the Government of Pakistan by which the Council was set up. O......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....nce No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority ...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......enrolment of a property as a waqf property under section 47 of the Ordinance or under section 49 is not a decision under section 50. Section 50 The Administrators jurisdiction is attracted when dispute is whether a property is waqf or not. This question will have to be decided by the Waqf Admi..Category: Trust/Waqf Law | Date: | Hits: 196