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Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)

....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ion…………….(4)  Cases Referred To: Senior Manager, Dosta Textile Mills Ltd Ranirhat, Feni and ors vs Sudhansu Bikash Nath 40 DLR(AD) 45. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. ..

Category: Labour and Industrial Law | Date: | Hits: 138

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.   .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ......sp;                                  Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate, instructed by Md. Aftab Hossain, Adv..

Category: Constitutional Law | Date: | Hits: 164

Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)

....ny relief; and (iii) whether the courts below were entitled to extend the time for deposit and save the suit from the mischief of the default clause. 9. To begin with, it is an established principle of law and practice that a party should not be heard on a ground on which leave was not g......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......hellip;…(9)  Case Referred to- Idris Shaikh vs. Jilamon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian MacMillan, AIR 1940 PC 219 and 1975 SCMR. 16. Lawyers Involved: Subrata Choudhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on..

Category: Property Law | Date: | Hits: 59

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. ...... 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. ......cquisition and Tenancy Act, the question of co-sharer ship in the tenancy is relevant, but in section 24(1) of Non-Agricultural Tenancy Act the co sharer ship in the land is material.  Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque ..

Category: Property Law | Date: | Hits: 57

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....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. ......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. ......ishment and it is not enough that a person is working in the premises of a certain establishment to bring him within the definition of a worker of any industry or establishment…………….(12) Lawyers Involved: Md. Nurullah, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-..

Category: Labour and Industrial Law | Date: | Hits: 163

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. ...... 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. ......ch the respondent obtained a decree for ejectment against the petitioner is no ground to stay the title execution case……………………(5)  Lawyers Involved: NH Khandaker Advocate-on-Record- For the petitioner. Ozair Faroo..

Category: Property Law | Date: | Hits: 87

University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)

....y did not comply with the requirements of sub-clauses (3) and (4) of Paragraph 45 of the First Schedule of the Dhaka University Order and Regulations, 1973. The resolution is thus violative of the principles of natural justice as the respondent was not heard at all before adopting the impugned r......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. ...... of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law………………(10)  Lawyers Involved: M Nurullah, Senior Advocate (Zakir Ahmed, Senior Advocate and Fida M Kama..

Category: Constitutional Law | Date: | Hits: 201

Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)

....ded by Parliament each year by either the Finance Act or by any other law. The power to change the rate of duty is an exclusive power and preserve of the Parliament and this is an illustration of the principle that the power of taxation is that of the Parliament. This power under section 18 is not d...... 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. ...... vs. Giasuddin Chowdhury, 50 DLR (AD) 129, Collector of Customs, Chittagong vs. Ahmed Hossain and others, 48 DLR 199, Phassco Hardware Company vs. The Government of Pakistan, PLD 1989 Karachi 621. Lawyers Involved: Dr. Kamal Hossain, Abdul Baset Majumder Advocate with him, instructed by Md. Af..

Category: Business or Commercial Law | Date: | Hits: 165

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

.... orders of suspension and cancellation of the licence, dated respectively 15-9-93 and 26-2-94 (Annexure-“C” and “H” respectively to the writ petition) mainly on the ground of violation of the principle of natural justice in that there was no show cause at all in the first case and there was ......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 countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Em...... is dismissed. Cases Referred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 48 DLR (AD) 20. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants Khondker Mahbubuddin Ahmed,..

Category: Constitutional Law | Date: | Hits: 192

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

.... Bank acts in terms of the policy guidelines settled by the Appellate Tribunal whose judgment has been confirmed by the Appellate Division in Atiqullah case. 11. As an exposition of a lofty principle, the argument is attractive but both the Tribunals below and this Division has the duty t...... 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 ......       Vs. Bangladesh Bank, represented by Governor and others…………….. Respondents Judgment April 3rd 1997 Lawyers Involved: M Amirul Islam, Senior Advocate instructed by M Nawab Ali, Advocate-on-Rec..

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 ......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 ......hury J Primal Ranjan Das ……………….. Defendant-Petitioner Vs. Nasima Khatun …………………..Plaintiff-Respondent Judgment January 22nd, 1997 Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..

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 ...... 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 ......;      Vs. Jarina Begum and anr……………………….. Respondents Judgment January 13th, 1997 Lawyers Involved: Md. Badruddoza, Advocate (appeared with the leave of the Court), instructe..

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 ......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 ......     Vs. Md. Iqbal Ahmed and others………………….Respondents Judgment May 15th 1997 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Petitioner. ..

Category: Property Law | Date: | Hits: 84

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 ......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 ......sp;         Vs. Commissioner of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advo..

Category: Fiscal/Taxation 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 ...... 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 ......nbsp;          Vs. Md. Hanif and Others………………..Respondent Judgment July 21st, 1996 Lawyers Involved: AKM Faiz, Advocate, instructed by Md. Sajjadul Hoque, Advocate-on-Record &..

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 ......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 ......lip;…….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advoca..

Category: Property Law | Date: | Hits: 61

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

....romoted to the posts of Appraisers in the years in which the promotion quota was to be filled up because there is provision for both direct recruitment and recruitment by Promotion. The established principle is that the quota of promotion is to be filled up first and then the case of direct recr......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 ......oners Vs. Collector of Customs, Chittagong and others………………………Respondents Judgment March 27th, 1997 Lawyers Involved: Abdur Rab Chowdhury, Senior Advocate instructed by Md Nawab Ali, Advocate..

Category: Administrative Law | Date: | Hits: 160

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....A plaintiff is entitled to nominal damages for trespass; even if no damage or loss is caused; if damages or loss is caused, he is entitled to recover in respect of his loss according to general principles.” (Vol. 12, p. 460). 12. Secondly, the plaintiff may claim “real ......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 ......7) 2 AIIERI and Taylor vs. 0’ Connor, (1970) 1AI1ER 365. Salmond on Torts, 19th Edition (p.59); McGregor on Damages, 15th Edition, at p. 249; The Mediana (1900) AC 113 (116); Halsbury’ Laws of England (4th Edition); Salmond Torts at page 592 (19th Edition); Salmond Torts at page 593 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)

....ering with the findings of fact made by the Court of Settlement as if sitting on a over the same and, as such, the impugned judgment is liable to be set aside. (ii) An important question of principle involved in the case because of the manner in which the High Court Division exercised its...... 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 ......hraf Ali @ Ashraf Ali and another ……………………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advo..

Category: Property Law | Date: | Hits: 89

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 ......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 ......llip;…………. Appellant Vs. State and another………………..  Respondents Judgment March 5, 1997. Lawyers Involved: Rokanuddin Mahmood, Advocate instructed by Shamsul Haque Siddique, Advoca..

Category: Criminal Law | Date: | Hits: 72