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Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......spondent Judgment April 4, 2000. The Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 7 Although when the writ petitioner had made his application before the Court of Settlement the said Court was not duly constituted, it was so const..Category: Property Law | Date: | Hits: 73
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......mers Ltd vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153 in that those decisions were on interpretation of section 19(1) of the Industrial Act 1947 and has no manner of application to the facts of the present casein which interpretation of section 42(2) of the Industr..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......rit petitioner having released the imported goods on payment of assessed duty and having neither preferred an appeal against the order of assessment under section 193 of the Act nor filed any application for refund of the alleged extra duty under section 33 of the Act nor gave any explanati..Category: Fiscal/Taxation Law | Date: | Hits: 94
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. ......ction 95 of the State Acquisition and Tenancy Act. The learned Single Judge failed consider that the filing of a suit for redemption mortgage in a civil Court is wholly different from filing of an application under Presidents Order 88 of 1972 before the Revenue Authority we fail to understand ho..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......r regulation 39(1)(kha). The appellant showed cause against the proposed punishment but the authority passed an order on 14 October 1993 removing the appellant from service. He preferred a review application under the Regulations which was rejected by order dated 7 January 1994. 4. In t..Category: Employment/Service Law | Date: | Hits: 69
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. ......nts sought extension of the time which was allowed upto 13 October 1996. On 13 October 1996 the defendants made a further prayer for extension of time. On the same day the plaintiffs also made an application for striking out the defence under Order 11, rule 21 of the Code of Civil Procedure. Th..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......ealisation of Taka 16,74,548.01 with interest @ 20% per annum from the petitioners. The suit was decreed by the trial Court leading to filing FA Tender No. 83 of 1999 in the High Court Division. An application for acceptance of the Memorandum of Appeal was filed by the petitioners stating that b..Category: Business or Commercial Law | Date: | Hits: 115
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......party to be heard on the factum of cancellation of the lease when the lessees have been given the lease under registered instrument along with delivery of possession. Mr. Karim simply pressed this application on the basis of Clause 25 of the said Annexure which is a deed of lease. It appears tha..Category: Property Law | Date: | Hits: 71
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
...., the Government passed the Services (Grade Pay and Allowances) Order, 1977 fixing the grades, scales of pay etc of, inter alia, the subordinate judiciary, re-fixing them from time to time by issuing fresh Orders under section 5. By order dated 8-1-1994 the appellant in the Implementation Cell accep......ce and also a judicial magistracy and make rules and also the rules regarding suspension and dismissal etc. These articles and the Service (reorganization and conditions) Act, 1975 have no manner of application in respect of judicial service and judicial magistracy. ………76(2) The Banglades..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......st. The plaintiffs’ Other Class Appeal No. 377 of 1983/122/85 (Cox’s Bazar) against the decree of the trial Court was allowed by the lower Appellate Court leading to filing a revisional application by defendant Nos. 8 and 9 in the High Court Division and the High Court Division issue..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......a Rin Adalat Ain, 1990 (IV of 1990), Section 5(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and from the specific mention of the Code in sub-sect..Category: Business or Commercial Law | Date: | Hits: 104
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....g the poll. But counting of ballot papers is a part of conducting of the election. So if any disturbance takes place even during counting of ballot papers the result may be withheld as per law and fresh election may be ordered. 5. Here in the present case during counting a disturbance ad......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. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
.... 6. The accused-respondent is on bail granted by the High Court Division. 7. The father of the victim girl filed an application on 4-1-98 for ascertaining the actual age of the girl by fresh medical examination and the learned Magistrate having allowed the said prayer by his order da......Jimma of the father of respondent No. 1 by order dated 27-11-97. 6. The accused-respondent is on bail granted by the High Court Division. 7. The father of the victim girl filed an application on 4-1-98 for ascertaining the actual age of the girl by fresh medical examination and ..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......, revived on 26-2- 87 and again for identical reason it was stopped on 1-8-90 and the appellant was again released from the case under section 339C(4) Code of Criminal Procedure. Thereafter upon an application filed by the public prosecutor, the learned Trial Judge on 6- 8-90 again revived the ca..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ...... passed by Division Bench of the High Court Division transferring Sessions Case No. 83 of 1998 from the Court of Additional Sessions Judge to the Court of Sessions Judge, Nawabganj for trial on an application under section 526 of the Code of Criminal Procedure filed by the informant. The impugne..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......gh Court Division in Civil Revision No. 4687 of 1999 discharging the Rule and affirming the order dated 21-9-98 passed by the Senior Assistant Judge, Barguna in Title Suit No. 17 of 1998 rejecting an application under Order VII rule 11 of the Code of Civil Procedure. 2. Plaintiff-opposite party N..Category: Civil Law | Date: | Hits: 142
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. ......ubstantive, provisions, is to prevent certain transfer of immovable property in derogation of some legislative enactments. Keeping the same in view Article 6 of the Order does not appear to have an application to the present case. 6. Moreover, the plea of non-joinder of party ought to ha..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. ...... 2. On appeal the 4th Court of Subordinate Judge, Dhaka in Title Appeal No. 14 of 1994 dismissed the same by his Judgment and decree dated 15-5-1996. The defendant-petitioners’ revisional application, Civil Order No. 992 of 1997, was summarily rejected by judgment and order dated 6-3-19..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......e, their claim of title at such a belated stage after about 58 years cannot be entertained in the eye of law. Besides, during the pendency of the writ petition respondent No. 1 petitioner filed an application for injunction in Title Suit No. 11 of 1997. The petitioner’s prayer for temporar..Category: Constitutional Law | Date: | Hits: 164
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 co sharer ship in the land is material. In that view of the matter, the passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. Hence, the application for the pre-emptor respondents on the basis of co-sharer ship is not maintainable. ..Category: Property Law | Date: | Hits: 57
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