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Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......n merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... warrant a presumption that the case is one which calls for higher penalty than he is empowered to award, he shall stay the proceedings and submit the case with a brief report, explaining its nature, to a Special Tribunal which shall, on such submission, try the case: Provided further..Category: Criminal Law | Date: | Hits: 57
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ....... For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......ws that the word 'transfer' is not hedged or qualified by any way limiting its operation to the extent the learned Advocate-on-Record wants to establish. There being no word of limitation as to the nature of transfer in the section any transfer which is a transfer in the eye of law subject to th..Category: Property Law | Date: | Hits: 57
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......e trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......contract between the plaintiff's on the one hand and Balaram or Respondent 1 on the other, and the tenancy was created on the mere payment of rent between the landlord and tenant. A tenancy of this nature is legal and valid in terms of section 106 of the Transfer of Property Act. It has been ter..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......hair Mia.........Appellant Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a d......ulently. This finding of fact was arrived at by the appellate Court below also. The High Court Division considered that this finding was arrived at on evidence and then it proceeded to consider the nature of such decree and observed that the decree-holder by his own act got a fraudulent decree and..Category: Property Law | Date: | Hits: 69
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 ...... to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......duty as relatable to the definition, he cannot, just because he is employed in a factory, become a worker within the definition. The determination of the status of "workers" is dependent upon the nature of their duty…………(7) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalil..Category: Labour and Industrial Law | Date: | Hits: 267
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 ...... view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ...... be treated wholly for charitable purposes as maintenance of one's family, members, as ordinarily understood in English language, is not a charity. The explanation added to the section is more in the nature of definition than explanation. The definition is of inclusive character and so not exhaust..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. ......lowed. 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. ......on No. 1 of 1975 to transfer any case from any Criminal Court at any stage of the trial to a Martial Law Court for trial of the offence irrespective of the date of commission of the offence and the nature of the offence; (2) whether in view of clause (g) of the proclamation dated August 20, 1975 o..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....unching a prosecution and such proceeding should be quashed. The argument is misconceived. Whether the statement made by a co-accused is admissible or whether a conviction should be based upon such exculpatory statement is the question for the trial Court to be decided on evidence. It is too ear......age. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......ivision (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petition is di......ortem examination of a dead body identified to him as that of one Saleha Begum. He found one incised wound on upper part of the neck which according to him, was the cause of her death and suicidal in nature. He recorded the result of his examination in his report. On the basis of a First Information..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......igh Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......ny effective decree even if the appeal is against a part of the decree and in varying the decree may pass an order in favour of the respondents or parties who might not have appeal. In a case of this nature it is to be seen if the appeal is heard without the substitution of the heirs of the de..Category: Property Law | Date: | Hits: 73
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....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 ......appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......dents Judgment April 26, 1979. The Constitution of Bangladesh, 1972, Article 102 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 Irrespective of the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitatio..Category: Employment/Service Law | Date: | Hits: 130
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......absence of such finding by the Labour Tribunal the High Court Division could not substitute its finding for that of the Labour Tribunal in exercise of its writ jurisdiction. The jurisdiction in the nature of certiorari is exercised by the High Court Division to issue such writs where the subordina..Category: Labour and Industrial Law | Date: | Hits: 106
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ...... This Case is also Reported in: 32 DLR (AD) (1980) 54 ......r the Mohamadan Law to "owners of adjoining immovable property", known as Shafi-i-jar. According to the learned Counsel the learned Judges of the High Court Division without properly appreciating the nature of pre-emption as allowed under section 96 to a tenant holding land contiguous to the land ..Category: Property Law | Date: | Hits: 66
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......he Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ficer not below the rank of a Sub-Inspector of Police must be submitted before it. The expression used in the sub-section "shall not take cognizance except on a report in writing" is mandatory in nature. 8. The question, therefore, is whether the Sessions Judge at the time of passing the impu..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......son. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ...... 102 of the Constitution before the High Court Division which held against the appellant on deciding the question on which leave has been granted. 5. The basic point involved in this appeal is the nature of the jurisdiction exercised by the Sessions Judge and Special Tribunal in the frame-work of..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ording to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......the case and I respectfully differed with my lords over their reasons and accordingly to dismiss the appeal I reason as below. 39. The moot point upon which the decision rests in the case is the nature of the Special Tribunal set up under the Special Powers Act, 1974, and the extent of the High..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
...., leave was granted by us to consider whether the conviction of the appellants was void on the ground that there was no legal evidence to support it, particularly when the confession was allegedly exculpatory in nature, that it was inadmissible in evidence having been made in presence of Police ...... set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......nted by us to consider whether the conviction of the appellants was void on the ground that there was no legal evidence to support it, particularly when the confession was allegedly exculpatory in nature, that it was inadmissible in evidence having been made in presence of Police officers and fu..Category: Criminal Law | Date: | Hits: 44
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......rmed by the Appellate Tribunal, (2) whether the decision of the Appellate Tribunal could be corrected by the High Court Division in the exercise of its Writ jurisdiction by passing an order in the nature of certiorari. 7. Mr. Abdus Sobhan, the learned Additional Attorney‑General ap..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......try and P.W.s 4, 5 and 10 are signatories to Ext. 3. P.W. 4 has passed I Com Examination, P.W. 5 is a Law student and P.W. 10 is a literate person. It is inconceivable that they would put their signatures on the inquest reports and seizure lists without reading the contents thereof, including th..Category: Criminal Law | Date: | Hits: 60
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......long as this right is not restricted, except on the ground of morality or public order, a statute may provide for the manner of organisation of associations or unions (including trade unions), the nature of its composition, required minimum strength, requirements and conditions of registration, ..Category: Labour and Industrial Law | Date: | Hits: 103
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