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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.
......ctive bargaining agent of KPM on five terms, but on the last two terms the Workers Union was the collective bargaining agent. Their tenure having expired on 12 June 1995, the Employees Union filed an application with the Registrar of Trade Unions in accordance with section 22(2) of the Ordinance to ..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
....bar Dewan and others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(...... The plaintiff-petitioners elaborately argued their case before the High Court Division but this point was not agitated therein, nor do we find any such ground in the petitioner’s revisional application before the High Court Division. 4. As such we do not think that consideration ..Category: Property Law | Date: | Hits: 73
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. ...... of 1995. The respondent filed Title Execution Case No. 2 of 1998 in the Court of Subordinate Judge, 5th Court, Dhaka for execution of the decree passed in ejectment suit. The petitioner filed an application in the aforesaid First Appeal No. 241 of 1998 for stay of the Execution Case but it was..Category: Property Law | Date: | Hits: 87
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. ......nexure- 1 is an invoice dated 9-3-95 showing import of 200 bags equivalent to 10 MT of Soda Ash from China. The consideration of this particular import reflects, Dr. Kamal Hossain submits, a mindless application of facts. The last Gazette Notification on the tariff value of Soda Ash Light was made o..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....e but it was observed “we are unable to entertain them as the facts which constitute the valid basis of cancellation have to be alleged in the show cause notice itself and cannot be supplemented by fresh facts in affidavit”. 16. This Court held in the case of Abdul Latif Mirza, 31 DLR (AD) 1,......ble to the Government so that in the case of a judicial review of a consequent order of cancellation of the licence the Court becomes satisfied that the, authority was “satisfied” to action after application, of mind‑to the aggrieved person’s case on merit as an appellate Court but would onl..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 ......f-petitioners, submits that the ex parte decree having been passed after long 7 years from the date of filing of the suit on the failure of the defendant to appear on the date fixed for hearing the application filed under Order IX rule 13 CPC was itself a motivated one and both the Courts having ..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 ......ted representations to the Bank authorities but without waiting for the result thereof prematurely filed the cases), that the appointment of 73 officers having taken place in 1976 and 1977 all the applications are barred by limitation and finally the 73 officers above whom the petitioners prayed..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 ......nt No, 1, his subsequent employer. The petitioner, however, seems to be more aggrieved because the money suits were not making any progress because of alleged obstruction by the respondents and his application for including the missing articles as per the observation of the High Court Division. ..Category: Criminal Law | Date: | Hits: 93
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 ...... 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 striking off his name. The petitioner ..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 ......the petitioner got possession of the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f), Krishnadhan Banik, who was not a party to Title Suit No. 17 of 1991, filed an application under rule 100 of Order XX of the Code of Civil Procedure, Miscellaneous Case No 6 of 1..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....had no retrospective effect. The Deputy Commissioner of Taxes did not have the Circular for his consideration at the stage of assessment and at the appellate stage there was no scope for admitting fresh materials in the disposal of the appeals, because there is no provision in the said Act for 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. ......vil Order No. 1074 of 1994. Judgment Shahabuddin Ahmed CJ.- Defendant is the petitioner. He is challenging an order of the High Court Division dated 27 February 1994 summarily dismissing his application under section 151 CPC in Civil Order No. 1074 of 1994. 2. Against the petitioner Mon..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 ...... Latifur Rahman J: In Anti-Terrorism Case No. 4 of 1994 before the Court of Sessions Judge and Anti-Terrorism Tribunal, Comilla, an application was filed by the Public Prosecutor on behalf of the State for withdrawal of the prosecu..Category: Criminal Law | Date: | Hits: 63
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....ry School Centre has been vitiated by practicing 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...... have been dismissed. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division acted legally in recalling his earlier order of rejection of the revisional application as not being pressed without assigning any reason and granted full relief to respondent..Category: Others | Date: | Hits: 87
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....s jurisdiction in certiorari so as to be satisfied merely with the “reasonable basis” and the lack of arbitrariness on the part of the trial Court. It was required to sift the evidence afresh as a first appellate Court, give a finding whether the trial Court arrived at a basis of calc......is cross examination that he has not filed the certified copy of the petition of compromise, nor has he filed any order of the Court in respect of the compromise. Mr. Rafiq-ul-Huq has submitted an application for acceptance of additional paper book wherein he has annexed photocopies of the petit..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ...... the Penal Code against the appellant and others. The Chief Metropolitan Magistrate, Chittagong by his order dated 18-12-84 accepted the charge sheet. The appellant thereafter filed a revisional application against the order of accepting the charge sheet being Criminal Motion No. 875 of 1984 b..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... Mr. Khan Saifur Rahman, learned Counsel for the accused-petitioner, justifiably argues that without meeting the points raised by the accused-petitioner the High Court Division has disposed of the application summarily relying upon the case of Kehar Singh and others vs. State, AIR 1988 (SC) 1838..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....sed any opinion on the merit of the appeal. We are not satisfied with the manner of disposal. In the result, this appeal is allowed. The case is sent on remand to the High Court Division for fresh disposal of the appeal by a different Bench. The respondent will continue to remain on the sa......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ...... Upon a petition the plaintiffs secured the arrest of the vessel and had it held up at the Chittagong Port for a certain period. Meanwhile the plaintiffs and the principal defendants filed a joint application for disposal of the suit in terms of compromise between the parties. The terms and cond..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......sp; Bimalendu Bikash Roy Choudhury J: This petition is by the defendants for leave to appeal from the order dated 26 January 1997 passed by a Division Bench of the High Court Division rejecting an application for review of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 ..Category: Property Law | Date: | Hits: 71
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