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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....ash; For Respondant No. 1. Exparte— Respondents Nos. 2(i) to 2(iv) & 3 to 11 & (i) to 12(v) & 13. Civil Appeal No. 36 of 1980. (From the judgment and order dated March 24, 1977 passed by the High Court Division in Civil Revision No. 928 of 1973). J......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ey-General and A.K. Bhuiyan, Deputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Record. —For the Respondents. Civil Appeal No. 122 of 1980. (From the Judgment and Order dated 29-7-1980 passed by the High Court Division in Writ Petition No. 489 of 1980) Judgment ......examine and ascertain if the statute has laid down any principle or policy for the guidance of the exercise of discretion by the Government in the matter of the selection or classification After such scrutiny the Court will strike down the statute if it does not lay down any principle or policy for ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... instructed by M, R. Khan, Advocate-on-Record—For the Respondents 1 & 2. Not represented—Respondent Nos. 3 & 4. Civil Appeal Nos. 169 of 1979 & 65 of 1980. (From the Judgment and Orders dated 19-7-79 and 8-1-1980 passed by the High Court Division in Writ Petition No. 471 of 1979 and 17......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Record.—For the Respondents. Criminal Appeal No. 2 of 1980. (From the Judgment and Order dated 13.6.1979 passed by the High Court Division in Writ Petition No. 508 of 1979) Judgment ......the said Marital Law Regulation, which was sought to be protected by clause (2) of Article 281 of the interim Constitution, the intention of the law giver was that they should be fully protected from scrutiny by Courts including the Supreme Court and the High Court. According to the Government, The ..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....d--For the Respondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From the Judgment and order dated 13-8-79 passed by the High Court Division in Criminal Revision Nos. 94 of 1979 and 61 o......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....rom the judgment and order 10-6-77 passed by the High Court in Civil Revision No. 396 of 1970). Judgment Ruhul Islam. - This appeal by special leave arises from the judgment of the High Court dated June 10, 1977 in Civil Revision No. 396 of 1974. 2. A short question has been raised in th......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 127 of 1979. (From the judgment and order dated 14.2.1977 passed by the High Court in Civil Revision Case No. 1696.) Judgment: ......tion was not properly adjudicated by the learned Munsif inasmuch as he based his decision upon a wrong assumption that the S.A. Record should be presumed to be correct and that there is no need of scrutiny as to its correctness. The learned Subordinate Judge found that some of the co-sharers by ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....ed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal No. 56 of 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddin Ahmed J. - This ap......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ucted by M.R. Khan, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judgment and decree dated August 28, 1974 passed by the High Court Division in Appeal from Original Decree No. 38 of 19......When there is a legislative recognition that from the month of January, 1964 it was the disturbed period that the Baina patra was executed only 3 days before such period obviously needs close scrutiny so as to be satisfied that instrument was not obtained during the period of civil disturba..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....ellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1979. (From the Judgment and order dated 12.7.78 passed by the High Court Division in S. M. A. No. 7 of 1973). Judgment: ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... Advocate- on-Record.—For the Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respondents. Criminal Appeal No. 7 of 1982. From the judgment and order dated 5th June, 1981 passed by the High Court Division in Criminal Revision Case No. 34 of 1980. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....nstructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 passed by the High Court Division in Application No. 125/72. Judgment: ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....llant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. Judgment: ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....the Respondent (In Civil Appeal No. 124 of 1981). S.R. Pal and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal Nos. 73, 74 and 124 of 1981 (From the Judgment and Orders dated 27.6.1980 and 27.5.1981 respectively passed by the High Court Division in Writ Petition Nos. 1...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....sudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. Criminal Appeal No. 18 of 1980. (From the judgment and order dated 3.7.1979 passed by the High Court Division in Writ Petition No. 109 of 1979.) Ju......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. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ain, Mahmudul Islam, Advocates with him instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Respondent. Civil Appeal No. 121 of 1981 (From the judgment and order dated 3rd April, 1981 passed by the High Court Division in Writ Petition No. 572 of 1980). ......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. ..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. (On appeal from the judgment and order dated 27.1.1978 passed by the High Court Division in Second Appeal No. 467 of 1978.) Judgmen......s possessed the disputed land in khas. The plaintiff's case is that be was in possession and he leased out the plot to Jainab Bibi and then himself purchased the right of Jainab Bibi does not stand scrutiny because the evidence is that Exhibit 1 shows that the defendant was given permission for ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
..... C R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 31 of 1978. (From the judgment and order dated 16.2.77 passed by the High Court in Appeal No. 6 of 1968) Judgment: ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
....q, Sr. Advocate, Habibul Islam Bhuiyan, Advocate with him, instructed by S M Huq, Advocate on-Record — For the Respondents.
Civil Appeal No. 16 of 1980.
(From the Judgment and Decree dated February 28, 1979 passed by the High Court Division in Second Appeal No. 160 of 1979.)
......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:
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Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate on-Record—For the Appellant. Faruque Ahmed, Advocate-on-Record—For the Respondent. Civil Appeal No. 103 of 1981. (From the Judgment and decree dated 9 December, 1980 passed by the High Court Division in Second Appeal No. 648 of 1967.) Judgm......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
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