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Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....e the witnesses. He further submitted that Article 7 of the President's Order No. 67 of 1972 and Rule 7 of the Rules framed there-under sufficiently indicate, as held by this Division in the case of Bangladesh vs. Md. Abu Taker 31 DLR (AD) 33, that Article 7 of the President's Order No. 67 of 1972 ......e Court Appellate Division (Civil) Present: Kemaluddin Hossain, C. J., Ruhul Islam, J. Badrul Haider Chowdhury, J. Abdur Rashid...... ………………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & ors...........Respondents ......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 ......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)
....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 ......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)
....itself earmarked it for charitable or religious purposes. In support of this contention Mr. Huq has referred to the case "The Director of Taxation Excise Vs. Mehdi All Khan Panni reported in the Bangladesh Tax Decisions, 1979 (VII), 90. One of questions in that case was whether the expressions ......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 ......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
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....………..Appellant. Vs State…………………….Respondent Judgment March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this......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 ......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
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....ase 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
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....138 ...... Present: Kemaluddin Hossain, C.J., Fazle Munim, J. Ruhul Islam J. Director of Taxation & Excise, Government of East Pakistan (now Bangladesh)…....Appellant in all the appeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judg......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 ......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 ..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
.... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ K.M Subhan, J Badrul Haider Chowdhury, J Bangladesh Chemical Industries Corporation and anr............ Appellants Vs. Sk. Abdur Rashid ...........................................................Respondent Jud......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 ......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 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....n: 32 DLR (AD) (1980) 110. ......late Division (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J State, People's Republic of Bangladesh and others.............Appellants. Vs. Haji Joynal Abedin………………………..Respondents Judgment December 20, 1978. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
.... Panamian Vessel and Appellant No. 2 and 3 are the owners and the Master of the Vessel. Respondent No. 1 obtained necessary permission, for importation of edible salt from India for the Government of Bangladesh and accordingly entered into a negotiation for importing salt from India. Respondent No. ......te Division (Civil) Present: Kemaluddin Hossain, CJ Badrul Haider Chowdhury, J. K.M. Subhan, J C.J, Ruhul Islam, J, M.V. Aghia Thalassini and others.............Appellants. Vs. Abu Bakr Siddique and others............. Respondents Judgment April 4, 1979. The A......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)
.... In the result the appeal is disposed of with observations aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangladesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem......D) (1980) 103 ......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 ......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)
....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. ......upreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. R......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. ......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)
.... is also Reported in: 32 DLR (AD) (1980) 92 ...... 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 ......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)
....vision (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Jud......late Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents......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 ......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 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ourt Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Serv......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Banglade......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 ......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 ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ppellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and another…………................Respondents Judgment August 8, 1979. T......rt Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and another…………................Respondents Judgment August 8, 197......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)
....n Hossain, CJ Ruhul Islam, J KM Subhan, J Cherag Ali and others................Appellants. Vs. State and anothers. …………..Respondents Judgment February 26, 1979 The Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being tria......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 ......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
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subj...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K.M. Subhan, J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. ......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)
....available as the said Order with its Rules were repealed by the Ordinance of 1976. The learned Attorney-General did not contest his position and his further submission was that Rules framed under the Bangladesh Local Government (Union Parishad and Pourashava) Order of 1973 were also not available. ...... 65 ...... 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 ...... 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 ..Category: Employment/Service Law | Date: | Hits: 108
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 ......Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, C.J., Ruhul Islam, J., K. M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain, C.J., Ruhul Islam, J., K. M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the ......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 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....le obtained by the appellant challenging validity of the order of the respondent removing him from service. 2. The appellant's case in short, is that he was appointed by the Trading Corporation of Bangladesh on December 18, 1972 and was posted as the Stores Officer at the Head Office in Dacca and...... ......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 72
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