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Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......sing that the learned Single Judge without any reference to any evidence whatsoever set aside the concurrent findings of fact of both the courts below and held as follows- “The terms of reconveyance does not appear to be genuine and, as such, cannot be deemed to have formed ...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......iance. In case the party interrogated omits to answer the interrogatories, rule 11 allows the party interrogating to apply to the court for an order requiring him to answer them. Rule 21, in clear terms, has left a discretion with the court to strike out a defence in the event of a failure of th...... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ..Category: Procedural Law | Date: | Hits: 97
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......hat the writ petition was not maintainable. 8. The question is no longer res integra. It has been answered by this Court in Mujibur Rahman vs. Bangladesh, 44 DLR (AD) 111 in the following terms; “Within its jurisdiction the Tribunal can strike down an order for violation of princi...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. ..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ution. (3) For effective implementation of the provisions of Articles 115 and 116 necessary Rules are to be framed by the President. Although Articles 115 speaks of appointment, it also means terms and conditions of service. Articles 115 and 116 require that not only requirement Rules bu......afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......b-judice under appeal and the appeal was being heard in this Division he ought not to have published any opinion on a sub-judice matter before this Division. In that judgment we expressed in clear terms that the learned Judge will desist from committing such an act in future that is not in keepi......he Contempt of Court Act, 1926 (XII of 1926), Section 2 While a judgement is pending on appeal before this Division, publishing an article with an opinion on the subject matter is sub-judice and the Judge will desist from committing such an act in future. Case Referred to- ..Category: Criminal Law | Date: | Hits: 63
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......acts of the present case. As in that case the breach constitutes a violation of some statutory or constitutional provision. Those notifications were issued under orders of the President, namely, in terms of Article 55(4) of the Constitution and were issued by the authority competent to frame rul...... ..Category: Employment/Service Law | Date: | Hits: 90
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....t Petition were issued without any lawful authority. The learned Advocate lastly submitted that it is a settled principle of law that the High Court Division should be very slow to exercise its extraordinary writ jurisdiction in election matter unless there appears a total lack of jurisdicti......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January ..Category: Election Law | Date: | Hits: 110
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. ......sistence of this transaction both Abu Sadat Mridha and Jamir Hossain died. But re-conveyance was refused by the defendants on 29 October 1979 in spite of tender of the money in accordance with the terms of the agreement. 2. The trial Court decreed the suit in consideration of the evidenc......Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mrid..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... Mustafa Kamal CJ.- The plaintiff-respondent’s Title Suit No. 43 of 1988 was decreed by the 6th Court of Assistant Judge, Dhaka by judgment and decree dated 5-10-1993 in the following terms: “…...the plaintiff’s title to Schedule ‘Ka’ property i......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a p..Category: Property Law | Date: | Hits: 59
....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.
......tained 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 relationship of master and servant or an employer and employee ......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..
Category: Labour and Industrial Law | Date: | Hits: 163
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. ......und and submitted the same to the vice Chancellor at the end of his term. Professor Anwarullah Chowdhury was the Chairman of the Admission Committee of “Gha” Unit till he completed his terms as Dean of the Faculty of Social Sciences on 29-7-93. On 30-12-93 the Vice Chancellor consti......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 ..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. ......3-10-96 respondent No.1, the Commissioner of Customs, Chittagong directed the appellants to declare tariff value US $ 220 per metric ton for purpose of assessment of customs duty and other charges in terms of SRO No. 2/96-Cus dated 18-9-96. Previous to 18-9-96 the tariff value of Soda Ash Light was ......ported 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. ......t has been unsatisfactory. It is apparent in section 14 of the Ordinance that a licence can be cancelled if the performance of a licensee has been unsatisfactory. The show cause notice in unambiguous terms speaks of the past unsatisfactory activities of the respondent since issuance of the licence a......D) (1997) 177. ..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 ......an of the State, let alone the highest administrative authority of the Bangladesh Bank. It is his submission that the Appellate Tribunal did not appreciate his submission and wrongly held that the terms and conditions of service can only be violated by an order or decision or action of an admini......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 ..Category: Administrative Law | Date: | Hits: 159
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 ......2 of 1992. 2. The Courts below found that the defendant defaulted in making payment of rent for the months of September and October, 1986 as the rent was paid on 11-11-1986 in violation of the terms of the tenancy agreement under which rent was required to be paid within the 7th day of the ne......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 ..Category: Tenancy Law | Date: | Hits: 70
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 ...... questions did not arise out of the order of the Tribunal. 11. We hold this finding to be inherently contradictory because after having answered question Nos. (ii) and (iii) in no uncertain terms the High Court Division took up a contradictory posture and held that the two questions would......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-..Category: Fiscal/Taxation Law | Date: | Hits: 120
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 ......ber, 1981 on 1-12-1981. On receipt of the Advocate’s notice defendant No. 2 in collusion with defendant No. 1 handed over vacant possession of the shop to defendant No. 1, in violation of the terms and conditions of agreement dated 9-10-1981. The said transfer of possession by defendant No...... Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment ..Category: Property Law | Date: | Hits: 61
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......f sections 3 and 5 of the Services (Re-Organisation and Conditions) Act, 1975 (Act XXXII of 1975). Act XXXII of 1975 is an Act meant for prescribing uniformity of grades and scales of pay and other terms and conditions of the service for persons employed ;n services: Section 3 of the said Act pr......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ecial damage rolled into one by way of indirect pecuniary loss. 18. It was incumbent upon the plaintiff to prove the indirect material loss suffered by him to enable the Court to measure in terms of money the damages sustained by him. Mere allegation of loss or damage will not suffice. Cl...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ……………………………..Category: Property Law | Date: | Hits: 89
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