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People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......bsp; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Co..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....It was held that where it is found as a fact that mortgage deed executed by a pardanashin woman in favour of the appellant Bank had not been explained to her, and that the contract related to certain agricultural lands of which she was absolute owner, she was not aware of the inclusion of her house ......affixed her thumb impression without obtaining independent advice. After review of the evidence, the Privy Council reversed the opinion of the Chief Court of Oudh and restored that of the trial Court holding that the deed was a valid one, and in so doing it was held that there was no doubt that the ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......VI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from ..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ...... only by the I-O. An application under Section 436 of the Code of Criminal Procedure was filed before the Sessions Judge, Barisal and the learned Additional Sessions Judge rejected the petition by holding that the process against an accused is to be issued by the Magistrate who was taking cogniza..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....in view of this prohibition against creating a complete usufructuary mortgage in favour of a person other than a bonafide cultivator, some of the beneficial measures for giving relief to indebted agricultural tenants which were incorporated in the amended section 26G were not considered to be ......d 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable cons..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......order dismissing an application under Order, 9 rule 13 of the Code for restoring a proceeding under section, 26F of the Bengal Tenancy Act which had been disposed of ex parte. The reason given for so holding is that an order dismissing an application under section 26F of the B.T. Act is not a decr..Category: Property Law | Date: | Hits: 55
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ort and the appellant was discharged from the case, proceedings were initiated under Article 5(a) of the President's Order No 67 of 1972 against the appellant. The Screening Board recommended withholding of three increments of the appellant but the appointing authority passed the impugned order ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......ication issued under the Territorial Waters and Maritime Zones Act are not different as Mr. Asrarul Hossain wants to contend. The learned Judges of the High Court Division were perfectly justified in holding that they are synonymous; we would rather prefer to use the expression, co-terminus. There..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......ficer defeating his nearest rival Afzal Khan by a merging of 61 votes. 3. The defeated candidate Afzal Khan filed election petition making number of allegations of corrupt and illegal practices in holding the election including improper and perfunctory counting of votes. His grievance was that at..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....bala dated 14.5.63. The appellant filed a written objection contending that the Respondents were not co-share's and that it was a homestead land with a tin shed standing thereon and as it is not an agricultural land, it is not pre-emptible. The Munsif dismissed the pre-emption case but the Cour......d, it is not pre-emptible. The Munsif dismissed the pre-emption case but the Court of appeal below allowed the pre-emption case. The High Court Division in Civil Revision discharged the Rule by holding that the lower appellate Court had not committed any illegality or material irregularity i..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......sion under section 438 of the Code for quashing the proceeding on the ground that the subsequent prosecution is barred under Section 403 of the Code but the High Court Division rejected the reference holding that the subsequent prosecution is on a separate and distinct offence within the meaning of ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....een termed to be a lease or tenancy from month to month terminable on the part of either party by fifteen days notice expiring at the end of a month of the tenancy. The section also refers to certain agricultural and manufacturing leases, but we are not concerned with them in this appeal. 8. It...... to consider two questions, one of which has already been set out at the very beginning. Both the questions may be set out as follows: 1. Whether the High Court Division was well founded in law in holding that a monthly tenancy under the Transfer of Property Act is heritable. 2. Whether upon a..Category: Tenancy Law | Date: | Hits: 67
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 ......e respondents for allowing overtime allowance for 4 hours per week for working 48 hours was rejected. 5. The learned Judges of the High Court Division summarily rejected the said Writ petition holding concurrently that the Security Guards being in the category of Sweeper and Mali and having b..Category: Labour and Industrial Law | Date: | Hits: 267
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ...... leave allowances to the respondent No. 2 for 634 days. Being aggrieved the petitioner moved the High Court Division under Article 102 of the Constitution which summarily rejected the application upholding the views of the Labour Court both on merits and on the question of maintainability of the..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....neal descendants of the Wakif, the net income set apart for their maintenance would be spent on such Charities and in such proportion as are mentioned in the deed. The respondent-Mutwalli assessed to agricultural income tax for the years 1956-57, 1957-58 and 1959-60 by the Agricultural Income Tax Of......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 ..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. ......Parliament stood dissolved by this Proclamation and dissolution dated back of 6th November, 1975 and general election for the Parliament was to be held before the end of February 1977 (iv) The person holding office such as Vice-President, Speaker, Deputy Speaker, Ministers, Ministers of State, Deput..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......venient and beneficial because as per terms it was to be field in London, whereas, the evidence is to be collected from the sub-continent itself aid further, foreign exchanges are also involved for holding arbitration. The Indian Supreme Court also in such a matter considered that arbitration is n..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....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 ...... Badrul Haider Chowdhury, J.—This appeal by special leave is directed against an order of the High Court Division in Criminal Revision No. 665 of 1975. The High Court Division discharged the Rule holding that it has no jurisdiction for quashing the criminal proceeding pending before the Specia..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. ......e Extra Ordinary date May 24, 1978 transferring Motijheel Police Station Case No. 70 under section 302/20/193/197 B.P.C to the Special Martial Law Court No. 11 Dacca. The petitioner who is at present holding the post of Lecturer, Medical Jurisprudence, in the Dacca Medical College, held a post-morte..Category: Criminal Law | Date: | Hits: 58
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 ......se (Amendment) Order 1972. With regard to the other contentions of the appellant, namely, that he was not given any opportunity to defend himself; and that the order of dismissal was passed without holding any enquiry, the learned Judges found no substance in this respect also. From the judgmen..Category: Employment/Service Law | Date: | Hits: 130
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