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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 ......) of the Act. The High Court, by a single judgment, dismissed applications rely. ing on the earlier majority decision of that Court, in Khurram Khan Panni's case. 3. The appellant obtained special leave to appeal against the orders of the High Court on three questions for reference; (1) Whethe..

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

Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)

....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......by Abdur Rab-ll, Advocate-on-Record—For Respondent No. 1. Civil Appeal No. 120 of 1977 from S.A. No. 307 of 1963. Judgment: K. M. Subhan, J.—This appeal by the defendants is on Special leave and is against the judgment of a Single Judge of the High Court Division, passed in a Second A..

Category: Property Law | Date: | Hits: 56

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 ...... (From the judgment and Order dated 17-8-78 passed by the High Court Division in Writ Petition No. 445 of 1976). Judgment: Kemaluddin Hossian, CJ.—In this appeal arising from the grant of leave, the appellant Bangladesh Chemical Industries Corporation and another have challenged the orde..

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. ......ising out of Cr. P. 78 of 1978) (From judg­ment and order dated 4-5-1978 passed by the High Court Division in Writ Petition No. 345 of 1978). Judgment Ruhul Islam J.— This appeal by special leave is directed against the judgment and order dated May 4, 1978 passed by the High Court Division..

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 ......eal No. 14 of 1979. (From the judgment and order dated 20-12-77 passed by the High Court in Admiralty Suit No. 2 of 1977.) Judgment: Badrul Haider Chowdhury, J :—This appeal by special leave arises out of an order passed by the High Court Division in Admiralty Suit No. 2 of 1977 dismi..

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 ...... (From the judgment and order dated 11-11-75 passed by the High Court Division passed in Crimi­nal Revision No. 665 of 1975). Judgment: 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. ..

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. ......on for Special Leave to Appeal No. 184 of 1978. (From the Judgment and order passed by the High Court Division in writ petition No. 492) Judgment Fazle Munim CJ.—This petition for special leave to appeal is against the judgment of a Bench of the High Court Division rejec­ting summarily ..

Category: Criminal Law | Date: | Hits: 58

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 ......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 ..

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 ...... No. 223 of 1978 on ap­peal from the judgment and order dated 27-2-1978 passed by the High Court Division in Writ Petition No. 630 of 1977). Judgment: Ruhul Islam, J.—This appeal by special leave is directed against the judgment and order dated February 27, 1978 passed by the High Court Di..

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 ......160 of 1978. (On appeal from the judgment and order dated March 7, 1978 passed by the High Court Division Writ Petition No. 98 of 1977). Judgment: Ruhul Islam, J.—This appeal by special leave arises from a judgment and order dated March 7, 1978 passed by the High Court Division in Writ..

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 ......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 ..

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 ......11 of 1977 on appeal from the judgment and order dated 30-11-76 passed by the High Court Division in Criminal Revision Case No. 559 of 1975). Judgment: Ruhul Islam, J.—This appeal by special leave arises out of the judgment dated No­vember 30, 1976 passed by a Division Bench of the High Co..

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 ......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 ..

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 ......he resolution and passed the impugned or­der removing the chairman. 3. The High Court Division did not find merit in the petition and on its rejection at the final hearing, the appellant obtained leave for considering the legality of the proceeding for removal of the Chairman in the special meet..

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

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 ...... (On appeal from the judgment and order dated June 29, 1976 passed by the High Court Division in Civil Revision Case No. 481 of 1969). Judgment: Ruhul Islam, J.—This   appeal by special leave is from the judgment and order dated June 29, 1976 passed by the High Court Division in Civil ..

Category: Property Law | Date: | Hits: 66

Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)

....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......me ending on 31st De­cember, 1979 is to be granted during which the execution shall remain stayed failing which the tenants will be liable to ejectment. 3. This order has led to the grant of this leave by this Division, and the question is whe­ther the learned Judge of the High Court Division e..

Category: Tenancy Law | Date: | Hits: 69

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. ......ivil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgment Ruhul Islam, J.—This appeal by special leave arises from the judgment of the High Court Division dated April 3, 1979 in Writ Pe­tition No...

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 ...... Tribunal on consider­ing the facts as appeared in the charge sheet no illegality has been committed by him. 5. Two points were raised by Mr. A. W. Khondker, Counsel for the appellant, upon which leave was granted by this Court. They are :— "1. As Section 27 of the Act provides that the..

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 ...... Appeal No. 29 of 1978. (From the Judgment and order dated 13-10-77 passed by the High Court Division in Writ Petition No. 792 of 1977). Judgment: K. M. Subhan, J.—This appeal by special leave is from the judgment and order passed in Writ Petition No. 792 of 1977 by the High Court Divis..

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 ......­chase on 20-8-75. On these unchallenged facts, we come to the first question to see whether the High Court Division has allocated the onus on the parties on right principle. The other grounds of the leave order are dependant on the first facts. The High Court Division has proceeded on the basis tha..

Category: Property Law | Date: | Hits: 58