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People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....t of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. Vs. Sri Sri Madan Gopal Jew Bigraha and ors. ...........Respondents. Judgment ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... Md. Mozammel Huq, Senior Advocate instructed by Md. S. M. Huq, Advocate-on-Record —For the Petitioner (in all the petitions). A. K. M. Shafiqur Rahman, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondent No. 2 (in all the petitions). Not repre...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.... For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... 1. ......oti Prokash Milra 45 C.W.N. 25; Chinta Dasya vs. Bhaluka Das, 51 C.L.J-465, 59 C. W. N. 147; Tacoor Deen Tewary vs. Nawab Syed Ali Hossain Khan I LA, 192; Walid Khan vs. Raja Ewaz Ali Khan I8 I.A 44; Mirza Sajjad Hussain vs. Nawab Wazir Ali Khan 39 I.A. 156; Shambatt Koeri vs. Jago Bibi 29 LA. 131; ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
.... owner before, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of 1972. Lawyers Involved: Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record, —For the Petitioners. Md. Aftab Hossain, Advocate-on-Record. — F......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255....... Ruhul Islam J KM Subhan J Govt. of Bangladesh, represented by the Secretary, Public Works and Urban Development, Secretariat Buildings, Dacca & another………………..Petitioners Vs. Md. Abdus Subhan & others……………...Respondents. Judgment December 14, 1979.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......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 ......Court Appellate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment Janua......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)
.... 1972 they are concluded by the transactions past and closed………..(11) Lawyers Involved: K. A. Bakr Attorney-General, with Abdul Wadud Bhuiyan Assistant Attorney-General, instructed by B. Hossain, Advocate on Record— For the Appellant in all the appeals. Shamsul Huq Chowdhury, Advoc......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 ......ent: Kemaluddin Hussain CJ F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. ......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)
.... in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......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. ...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Belayet Hossain and another.................. Appellants. Vs. Md. Abu Taher and others................... Respondents. Judgment January 16, 1980. ......n a proceeding other than a suit in the civil Court the provisions of the Code regarding trial procedure only will apply. 5. The next decision is by Ibrahim, J. in Seferaiddi Munshi vs. Farman Ali Mirdha 4 DLR 621. This decision followed the case of Haji Md. Jayen Ali and held that an order rejec..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
.... 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 ......detained for taking cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully covered by our decision in the case of Seraj Mia Vs. Bangladesh (C. A. 107 of 1977) decided on April 25, 1978. In the Seraj Mia's case it has been he......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)
....he operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... 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 ......Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. …...... 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
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......) 216 ......decided the question of the application of aforesaid Martial Law Regulation on them. Facts in brief are that Md. Ahmad Hasan got a lease for 99 years from the Government in 1963 of plot No. 10-A/4-6, Mirpur Housing Estate, Dacca with a house standing thereon, and obtained possession in the same ye..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
.... to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sayed Ali........................................................Appellant. Vs. Sree Gopal Chandra Das and others…….....Respondents Judgment March 11, 1980. Th......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
.... 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 ......09 ......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
Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
.... Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......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 ...... Present: Kemaluddin Hossain, CJ Fazle Munim, J Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Bangladesh and ors................... Appellants in all the appeals Vs. Somboon Asavaham ...............Respondent (in C. A. 82 of 1979) Lee Mongkolnimite.............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
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......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 ......Present: Kemaluddin Hossain, CJ F. K. M. A. Munim, J Ruhul Islam, J Shahabuddin Ahmed, J Commissioner of Income Tax, (Now Commissioner of Taxes), Chittagong...…….. Appellant. Vs. Saifuddin Ahmed Siddiqui, Mutwalli Waqf Estate of Reazuddin Ahmed Siddiqui, Ctg. ...Responden......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....re, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider Chowdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....or 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 ......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)
....ceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......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 ......963 (Da), 595, The Privy Council case, that is the first mentioned one, is the basis of the decisions in the other cases as referred to and as such this should be discussed first. It is "Sambasivam Vs. Public Prosecutor, Federation of Malaya'. Facts in brief of that case are that Sambasivam, appel......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 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....rial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......0) 170. ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
.... the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......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 ......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 ......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 ..Category: Labour and Industrial Law | Date: | Hits: 267