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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 ......DLR (AD) (1980) 194 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 246

Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)

....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......itself earmarked it for charitable or religious purposes. In support of this contention Mr. Huq has referred to the case "The Director of Taxa­tion Excise Vs. Mehdi All Khan Panni reported in the Bangladesh Tax Decisions, 1979 (VII), 90. One of questions in that case was whether the expressions ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

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 ......………..Appellant. Vs State…………………….Respondent Judgment March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this..

Category: Criminal Law | Date: | Hits: 42

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 ......ase is also Reported in: 32 DLR (AD) (1980) 165 ..

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 ......138 ..

Category: Trust/Waqf Law | Date: | Hits: 239

Bangladesh Che­mical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)

....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ..

Category: Employment/Service Law | Date: | Hits: 70

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. ......n: 32 DLR (AD) (1980) 110. ..

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 ...... Panamian Vessel and Appellant No. 2 and 3 are the owners and the Master of the Vessel. Respondent No. 1 obtained necessary permission, for importation of edible salt from India for the Government of Bangladesh and accordingly entered into a negotiation for importing salt from India. Respondent No. ..

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 ...... In the result the appeal is disposed of with observations aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangla­desh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem..

Category: Criminal Law | Date: | Hits: 51

Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)

....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ...... is also Reported in: 32 DLR (AD) (1980) 92 ..

Category: Others | Date: | Hits: 86

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 ......vision (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Indus­trial Research and others ............Respondents Jud..

Category: Employment/Service Law | Date: | Hits: 130

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......ourt Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Serv..

Category: Employment/Service Law | Date: | Hits: 77

Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)

....in the judgment of the High Court Division warranting in­terference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......ppellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and ano­ther…………................Respondents Judgment August 8, 1979. T..

Category: Employment/Service Law | Date: | Hits: 72

Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)

....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......n Hossain, CJ Ruhul Islam, J KM Subhan, J Cherag Ali and others................Appellants. Vs. State and anothers. …………..Respondents Judgment February 26, 1979 The Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being tria..

Category: Criminal Law | Date: | Hits: 48

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 ......J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subj..

Category: Labour and Industrial Law | Date: | Hits: 106

Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)

.... without any lawful authority and the order passed by the Prescribed Authority in conse­quence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......available as the said Order with its Rules were repealed by the Ordinance of 1976. The learned Attorney-General did not contest his position and his further submission was that Rules framed under the Bangladesh Local Government (Union Parishad and Pourashava) Order of 1973 were also not available. ..

Category: Employment/Service Law | Date: | Hits: 108

M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

....978 dismissing the ap­pellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......le obtained by the appellant challenging validity of the order of the respondent removing him from service. 2. The appellant's case in short, is that he was appointed by the Trading Corporation of Bangladesh on December 18, 1972 and was posted as the Stores Officer at the Head Office in Dacca and..

Category: Employment/Service Law | Date: | Hits: 72

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 ......80) 35 ..

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 ......) 33 ..

Category: Criminal Law | Date: | Hits: 63

Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....vision is set aside and the impugned order of the Enemy Property authority is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......esent: Kemaluddin Hossain C.J.  Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………….Respondents Judgment Nov. 2..

Category: Property Law | Date: | Hits: 58