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Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....ed by a pardanashin and illiterate lady being the recipient thereof, the learned Single Judge was correct in not apply­ing the rule to the facts of the case; and whether the rule has been adequately stated in the case of Ayani Dasi vs. Arena Bala Dasi 12 D.L.R. 603. 2. Facts bereft of controver......ained the documents by exercise of undue influence. On appeal the Court of appeal below reversing this decision held that when the pardanashin lady though illiterate was capable of manag­ing her own affairs, the onus was not on the defendants, the beneficiaries of deeds, to prove that the documents..

Category: Property Law | Date: | Hits: 53

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

....e to him or by a police officer for the purpose of ascertaining the truthfulness or falsehood of the complaint. Then section 203 gives him the power for dismissing the complaint after considering the statement on oath of the complainant and the result of the investigation, if in his judg­ment, ther......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 ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..

Category: Property Law | Date: | Hits: 85

Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)

....1) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-parte, is not appealable. Lawyers Involved: N......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. ..

Category: Property Law | Date: | Hits: 55

Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)

....e the orders of the High Court and that of the Sessions Judge and direct that the procee­dings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the procee­dings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..

Category: Criminal Law | Date: | Hits: 33

M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)

....that the preponderance of view of the authorities is not in favour of granting injunction in such a matter but he vigorously contended that in an age when all walks of life are being regulated by the state, this Court should consider as to how far judicial control is necessary for the perseverance o...... all­owed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..

Category: Others | Date: | Hits: 94

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 ......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 ..

Category: Criminal Law | Date: | Hits: 57

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....ence, and he was perso­nally heard by the Screening Board and the appellant submitted his explanations. More­over the case proceeded against the appellant on certain admitted facts. From the facts stated above it will thus appear that it is not correct to say that the recommendation made by the S......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 ..

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

Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)

....l­lenged in a Revision before the Board of Re­venue but with no effect. Respondents chal­lenged the orders of confiscation mainly on the ground of lack of jurisdiction contending that the facts as stated by the Customs authorities even if admitted do not attract the mischief of the Customs Act or......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 ..

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

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 ......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 ..

Category: Property Law | Date: | Hits: 57

Gopinath Ghose Vs. State, 1980, 9 CLC (AD)

..... 188 committed at the same time and place and that this finding of fact in the previous trial is conclusive and binding upon the prosecution and that no evidence could be led to establish a contrary state of affairs in the subsequent proceedings. The Indian Sup­reme Court upheld this decision and ......mitted at the same time and place and that this finding of fact in the previous trial is conclusive and binding upon the prosecution and that no evidence could be led to establish a contrary state of affairs in the subsequent proceedings. The Indian Sup­reme Court upheld this decision and approved ..

Category: Criminal Law | Date: | Hits: 42

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....gously and disposed of by one judgment. A reference under sub-section (1) of sec­tion 63 of the Bengal Agricultural Income-tax Act, 1944 was taken by the Respondent-assessee, the Mutwalli of a Wakf Estate, Md. Haider Ali Khan Panni of village Karatia P. S. Tangail, District Mymensingh. He created a...... total sum of Rs. 19,200/ to be spent as monthly allowance of his descendants as specified in the deed. Direction has been given that after meeting the expenses for mon­thly allowances and religious affairs the amount left as excess shall go to form a Reserve Fund. The Mutwalli shall keep the said ..

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

State, People's Re­public of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)

.... if it is meant taking away of right namely, appeal which is vested in the accused that cannot be taken away; (6) equality be­fore law is a high concept of rule of law and cherished by all civilised states. There­fore, whenever any special court is created or any special procedure is provided in c...... (2) The High Court, on the application of any person aggrieved, may give such directions or orders to any person or authority including any person perfor­ming any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights ..

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 ......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 ..

Category: Business or Commercial Law | Date: | Hits: 89

Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)

....r of the smuggled goods. Mr. Razee canvassed that such ipse dixit should not be a ground for launching 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 excul......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)

....transfer from the Court of the Magistrate to the Martial Law Court is mala fide and, therefore, liable to be struck down. No facts necessary to prove that the order of transfer is mala fide have been stated either before the High Court Division before us. Moreover, no arguments seem to have been adv......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. ..

Category: Criminal Law | Date: | Hits: 58

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

....at it has been provided under sub-section (5) which consists of three clauses. Clause (a) enacts for payment of compensation on agree­ment and clause (c) as to the right of the contending parties to state their cases before the Tribunal. The provision regarding the power of the Tribunal and mode of......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)

....ed   order of dismissal. The appellant was surprised to receive the said order as the show cause notice in question had proposed only minor penalties and the Enquiry Commi­ttee recommended his reinstatement. The appel­lant served demand justice notice through his lawyer. In reply to the same he ......irman of the Council shall be appointed on whole time basis by the Government and the Chairman shall be the Chief Executive of the Council and shall be responsible for the proper administration of affairs of the Council under the direction and the guidance of the Governing Body and in accordance..

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

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 ......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 ..

Category: Criminal Law | Date: | Hits: 48

Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)

....guous' as used in sub-section ( 1) means "touching", “adjacent" but not "neighbouring". 6. Mr. M.H. Khondker, the learned Coun­sel for the appellants contended that although it was specifically stated in the written objec­tion that the transferred lands appertaining to five different raiyatiÂ......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 ..

Category: Property Law | Date: | Hits: 66