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Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)

....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 82

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

.... by this Division in Khandker Ehteshamuddin Ahmed @ Iqbal Vs. The State. Fazle Munim J.—I have had the advan­tage of going through the order of the Court and the views expressed by the learned Chief Justice and brother Ruhul Islam, J. I agree with the views of the learned Chief Justice. R......is Division in Khandker Ehteshamuddin Ahmed @ Iqbal Vs. The State. Fazle Munim J.—I have had the advan­tage of going through the order of the Court and the views expressed by the learned Chief Justice and brother Ruhul Islam, J. I agree with the views of the learned Chief Justice. Ruhul I..

Category: Constitutional Law | Date: | Hits: 188

General Manager Jamuna Oil Com­pany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)

.... 19(1) of the Employment of Labor (Standing Order) Act, 1965. Respondent No. 1 who was at first appointed a Driver of an Oil Tanker belonging to the petitioner company was subsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privil......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 97

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

....The High Court considered whether the Director of Public Instruction had given any sanction for running such school. The High Court considered the malafide manner in as much as the wife of the then Chief Whip, the Head Mistress of the School and through the influence of her husband the order of ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 65

Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..

Category: Election Law | Date: | Hits: 121

Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)

.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... securing ends of justice, such proceeding is liable to be quashed. To hold to the con­trary is to put the trial court in teerem thereby undermining the very structure of the administration of Justice for which the Court exists. But here the learned Sessions Judge has travelled beyond his ju..

Category: Criminal Law | Date: | Hits: 61

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....ik Mohd. Ashraf and attempted murder of Gunner Fateh Mohammad. He was found guilty of both the charges and sentenced to death by Court Martial. The sentence of death was confirmed by the Commander-in-Chief of the Pakistan Army. Other petitioner's case need not be mentioned as a common question of la......to Appeal to the Federal Court. By plurality of judgment, Federal Court came to a common conclusion that no appeal lay, and so petitions for special leave were dismissed. Some of the reasons of Chief Justice Rashid may be noted He held that the Army Act intended the findings of the Court Martial as ..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... resulted in damage to the goods to be carried by the ship. 10. It is to be noticed that in England section 6 of the Admiralty Court Act, 1861 was repealed by section 21 of the Adminis­tration of Justice Act, 1920. The material portion of section 5 of 1920 Act is as follows: (a) The Admiralty..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)

....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..

Category: Criminal Law | Date: | Hits: 39

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 448

Habibur Rahman Vs. The State, 1982, 11 CLC (AD)

....ial Tribunal, Kushtia vacating the order, allowing withdrawal of the criminal case against the appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrator, Dacca for necessary action. Leave was granted to examine the ques......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..

Category: Criminal Law | Date: | Hits: 46

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... (From the Judgment and Order dated 28-7-78 passed on appeal by Shahabuddin Ahmed and A Matin Khan Chowdhury, JJ. in Appeal No 8 of 1977 reversing the order dated 13-2-77 passed by the Company Justice S M Hussain, J. in Matter No 9 of 1975 dismissing the application under section 162 of the ..

Category: Business or Commercial Law | Date: | Hits: 110

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

.... into the shoes of the National Bank. The respondent surrendered the demonetised notes in pursuance of MLR No. 81 of 1971. It appears that this Martial Law Regulation was promulgated on 7-6-71 by the Chief Martial Law Administrator, Pakistan taking action because a large quantity of Pakistani curren......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 129

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 91

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 94

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....sp;         ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....t subsequent to 18th July, 1990: "At about the time of arguments and submissions of both the parties of this Writ Petition on 12th, 16th and 17th July, 1990 (Tuesday) the learned Chief Justice was kind enough to discuss with me the necessity of my going to Chittagong for about......recognition Of 14 Homeopathic Colleges.   2. The petitioner's case is that after the case was heard the matter was listed in the day cause list on 18.7.1990 for judgment; that Mr. Justice Kazi Ebadul Hoque, being asked by the presiding Judge Mr. Justice Fazle Hossain Mohammad Ha..

Category: Procedural Law | Date: | Hits: 128

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....ative enactment, or is opposed to the pro­visions of this Act, or has been modified by any such custom as is above referred to". 19. This section was interpreted by a Full Bench of the Lahore Chief Court in the case of Daya Ram Vs. Sohel Singh and others (1906 Punjab Record page 390) where R......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

.... Home De­partment In-charge of the East Pakistan, Government Press, Tejgaon, Dacca from service with effect from 1st June, 1959 for inefficiency. By order of the Governor, Sd/- M. Azfar, Chief Secretary to the Govt. of East Pakistan." On the 25th June, 1959 the plaintiff su......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..

Category: Others | Date: | Hits: 103