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Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)

....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......resent: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Abdul Halim Mollah alias Monohar Mollah and another……………………Appellant  &nbs......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......unal and the sentence shall not be executed unless it is confirmed by the App­ellate Tribunal."   15. The Special Powers Act repealed the Security Act 52, the Public Safety Ordinance 58 and the Bangladesh Schedule Offences (Special Tribunal) Order 1972(P.O. ..

Category: Criminal Law | Date: | Hits: 40

Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)

....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......emaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. M......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ......n Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represen­ted by the Secretary, Ministry of Public Works and Rural Development and another ……………………&h......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represen­ted by the Secretary, Ministry of Public Works and Rural Development and another ………………&hell..

Category: Employment/Service Law | Date: | Hits: 87

Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)

....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......(Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants Vs. Md. Abdul Hye B......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 109

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....vity, by keeping him behind the bars. As salient Instances of such amendments the following may be mentioned- (a) Constitution of Special Martial Law Court originally was with a Sessions Judge as Chairman. This was changed in such a way as to enable constitution of each Court with an officer of ......LD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructe......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......disposed of by this judgment. 2. In Case No. 1 of 1977 the allegation it that during the tenure of office the appellant as the President of Bangladesh in collusion with the Secretary, Ministry of Public Works and Urban Development got various cons­truction and repair work done in the Dak-Bungal..

Category: Criminal Law | Date: | Hits: 287

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......ent: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others ............iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)

....e learned Attorney-General are found unacceptable, not because it lack  rea­sons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Bangladesh repre­sented by the Secre­tary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………......e learned Attorney-General are found unacceptable, not because it lack  rea­sons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......nt filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedings in Prize Suit Nos.1-5 of J965, 6-7 of 1965 and 17-30 of 1965 to the Public Account of the Republic of Bangladesh and for allowing the Govern­ment to withdraw the s..

Category: Others | Date: | Hits: 116

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

.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,......35 of the Constitution. A Division Bench of the High Court Division declared the order of dismi­ssal as without any lawful authority and it is violative of Article 135 of the Constitu­tion. 39. Members of the Police Service have been described as 'disciplined forces’ in the Constitution. The......ect to existing law. 7. There is a specific Chapter in the Constitution devoted to the Services of Bangladesh in Part IX which consists of two Chapters, one relating to Services' and the other to Public Service Commissions. The Chapter I consists of four Articles 133 to 136. Article 133 says app..

Category: Constitutional Law | Date: | Hits: 188

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

.... the contention that responded No. 1 is not a worker. 8.  Mr. Asrarul Hossain, Counsel for the appellant, contended that the decision of the Labour Court was without jurisdiction as the Chairman of the Court consulted only one member. According to the provisions of sub-section (2) of ...... Appellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ......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. ......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)

.... 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. ......il) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors………...... 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. ...... education aid considered whether the mandate of Article 17 of the Constitution was kept in view while requisitioning the premises for the School. The High Court considered whether the Director of Public Instruction had given any sanction for running such school. The High Court considered the ma..

Category: Property Law | Date: | Hits: 65

Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)

....p;     Fazle Munim J. - This appeal arises from the Judgment of a Bench of the High Court Division in Writ Petition No 130 of 1980. 2. The respondent No 1 who as elected Chairman of the Joregacha Union Parishad, Gabtali, Bogra challenged the validity of the notificatio......r Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... Respondents Judgment ......ad for considering a motion of no-confidence to be passed against the persons mentioned in section 13. Apart from the submissions of the learned Counsel for the appellant though the Union Parishad Members and Chairman (Resignation, Removal and Vaca­tion of Office) Rules, 1979 was promulgated......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 100

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

....nd it difficult to agree with some of his reasons and the conclusions for allowing the appeal and  setting aside the  Judgment of the Election Tribunal. 4. Appellant's election as Chairman of Paurashava was challenged by a petition filed by the respondent alleging that the elec...... Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyer...... 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. ......l, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record—For the Respondent No. 1. Criminal Appeal No. 25 of 1980. (On appeal from the judgment and order dated 13.12.1979 by the High Court Division in Criminal Revision No. 539 of 1978). ...... 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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 61

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

....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......s also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..

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: ......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......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: ......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: ..

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

Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)

....e the exemption illusory. Accordingly, the answer to the ques­tion framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ...... 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oi......e the exemption illusory. Accordingly, the answer to the ques­tion framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......e the exemption illusory. Accordingly, the answer to the ques­tion framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)

....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......h is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 65

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

....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. ...... both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the appeals) Criminal Appeal Nos. 19 and 20 of 1980. (From the judgment and order dated Decem­ber 4,1979 passed by the High ......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. ......anuary 14, 1977 passed by the Sessions Judge and Special 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 ne..

Category: Criminal Law | Date: | Hits: 46

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

.... right to vote. The said three brothers held equal number of 'A3 class shares i.e. 2200 shares whereas their mother Mrs. Zohura Khatun held 6400 ‘B’ class shares. Alauddin Ahmed was the Chairman, Rahimuddin Ahmed was the Managing Director and Zahiruddin Ahmed was the Operating Directo...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……......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. ......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. ..

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