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General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....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 ...... 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)
....y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ...... DLR (1952) 117; Muhammad Mehdi vs. Province of East PakiÂstan PLD (1958) (Dac) 200. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-GeneÂral, with B.B. Roy Chowdhury, Asst. AttorÂney-General, instructed by S.S. Hoda, Advocateon-Record.—For the Appellant in all the appeals. Md. ......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals 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
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....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. ......-Ahsau vs. Republic of Pakistan (1960) 12 DLR (SC) 9, PLD (1960) (SC) 113; Garduner vs. Lucas (1878) 3 Appeal case 582 (603) and King vs. Southampton Income Tax Commissioner (1916) 2 KB 249: Attorney-General vs. Theobald 1890 24 QBD 557; ColÂonial Sugar Refining Co. Vs. Irving (1905) AC 369(372). ...... Irfan Ali out of his house and took him to the Mear Bazar where he was killed by gun shot and the dead body was thrown into the river. The petition was forwarded to the Officer-in-Charge of Bajitpur Police Station and a case was registered in the Police Station on March 9, 1976 against seven person..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 disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......, Senior Advocate, Mahmudul Islam, and Md Fazlul Huq Advocates, instrucÂted by B. Hossain, Advocate-on-Record—For Respondent No. 1. Not represented— Respondent Nos. 2-7 K.A Bakr, Attorney-General, instructed by B Hoda, Advocate-on-Record—Amicus Curiae. Civil Appeal No. 14 of 1979. ......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed 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)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......n Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Abdus Sobhan, Additional Attorney-General with Matiur Rahman, Assistant Attorney-General, instructed by B. Hossain, Advocate-on Record......been carrying Indian Kumbi leaves into Bangladesh near Nayerchar in Rangpur District. They were arresÂted persons allegedly disclosed the name of the petitioner as the owner of the goods. Thereafter Police investigated the case and submitted charge-sheet against the petitioner and others. The petit..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. ......ore the Sub-Divisional Magistrate makes it a case. ………(6) Lawyers Involved: Serajul Huq with A. H. Khandker and S. M. Huq Advocate on Record—For the petitioner. K. A. Bakr, Attorney-General, A. W. Bhuiyan, Assistant Attorney-General, B. Hossain, Advocate-on Record—For the Respond......0 of 1978 filed the aforesaid writ petition challenging the legality of the order of the Chief Martial Law AdmiÂnistrator published in Gazette Extra Ordinary date May 24, 1978 transferring Motijheel Police Station Case No. 70 under section 302/20/193/197 B.P.C to the Special Martial Law Court No. 1..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....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 ......re set aside.………(7) Cases Referred to- Bangladesh vs. Abdul Mannan (1977) 29 DLR (S.C.) 17; Bangladesh Vs. Abdul Mannan 29 DLR (SC) 17. Lawyers Involved: Abdus Sobhan, Addl. Attorney-General, with B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by M. R. Khan, Advocate-on-Re......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 IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....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 ......dvocate instructed by B. C. Panday, Advocate-on-Record—For the AppelÂlant, S. R. Pal, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents. K A. Baker, Attorney-General, instructed by S, S. Huda, Advocate-on-Record—Amicus Curiae. Civil Appeal No. 152 of 19......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)
....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 ......llant. Syed Ishtiaq Ahmed, Senior Advocate, with Razzaque Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For Respondent Nos. 3, 4 and 5. Abdus Sobhan, Additional Attorney-General with B B. Roy Chowdhury, Assistant Attorney' General, instructed by B. Hossain Advocate-on R......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
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 ......about the occurrence. The police started investiÂgation and G.R. case No. 552 of 1973 was initiated in the Court of the Sub-Divisional Magistrates Sunamganj, Sylhet. The Officer-in-Charge of Chhatak Police Station submitÂted a report to the Sub-Divisional MagisÂtrate with a prayer for issuing pro..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....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 ......Constitution, challenging legality of the judgment passed by the Second Labour Court of Dacca. 2. The appellant was a stewardess of Hotel Inter-Continental, Dacca and was elected as the Assistant General Secretary of the Sramik Union of the said Hotel. She was verbally suspended by the Managemen......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)
.... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......d: Khondker Mahbubuddin Ahmed, Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Zinnur Ahmed, Advocate-on-Record—For Respondents Nos. 1-6. K. A. Bakr, Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Respondents Nos. 8-11. Ex parteâ€...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence 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
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
....f 1974), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take co....... Lawyers Involved: Abdul Wadud Khandker, Advocate with Habibul Islam Bhuiyan, Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellant. Abdul Wadud Bhuiyan. Assistant Attorney General, instructed by Abu Backkar Advocate-on- Record—For the Respondents. Criminal Appeal No.......ion 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take cognizance of t..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......5) Lawyers Involved: Abdul Wadud Khondker, Advocate, with Habibul Islam Bhuiyan, Advocate, instructed by S. M. Haq, Advocate on-Record—For the AppelÂlant. Abdus Sobhan, Additional Attorney-General, instructed by M.R, Khan, Advocate-on-Record — For the Respondents. Criminal Appeal No...... with him. When, however, the Customs Officials were about to search his persons, the appellant declared that he had some more undeclared foreign currencies. A proceeding was started with the Tejgaon Police Station under the proÂvisions of the Special Powers Act. On comÂpletion of investigation a ..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is deÂclared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......erty, was without Jurisdiction. Lawyers Involved: M.H. Khandker, Senior Advocate, insÂtructed by B.C. Panday, Advocate-on Record —For the Appellants. Anwarul Huq Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For Respondents 1& 2. A. Kashem Bhuiyan, ......vision is set aside and the impugned order of the Enemy Property authority is deÂclared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......Vs. Lucas (1878) 3 A.C. 582 at page 603; Republic of Costa Rica Vs. Erlanger (1874) 3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (1977) 29 DLR (SC) 101. Lawyers Involved: K.A. Bakr, Attorney-General (A.W. Bhuiyan, Asstt. Attorney-General with him) instrucÂted by S.S. Hoda, Advocate-on-Reco......inued in the absence of any saving clause in section 36 (2)(b) of the Special PowÂers Act, 1974. Under this section of the Act only pending cases were preserved. The precise question was whether the Police InÂvestigation started under P.O. 50 of 1972 beÂfore the 9th February, 1974 which did not y..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ...... Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. Crimina......y below: On the night of 1 December, 1987, a shallow tube-well machine of P.W. 1, Apiluddin, was stolen from his field by some unknown persons. At about midnight the police of Bogra Kotwali Police Station caught accused Shafiul Alam (who is not before us in this appeal) with a shallow tub..Category: Criminal Law | Date: | Hits: 44
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......e headed by the OC of Dhanmondi PS accompanied the Court's officials who had delivered the possession to the petitioner. But at about 10‑00 PM of the same day, at the instance of the Director General, Radio Bangladesh (Defendant No. 2) the same contingent of police arrested his men and dis......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
.... made by the accused for the statements under section 161 Cr.P.C. but the same could not be supplied to them as because the statements were allegedly lost. In this context, it noticed that four Sub-Inspectors of Police investigated the case one after another. The first Sub Inspector Mr. Jalil af......be corrected by the High Court Division in the exercise of its Writ jurisdiction by passing an order in the nature of certiorari. 7. Mr. Abdus Sobhan, the learned Additional Attorney‑General appearing for the appellant, urged that the High Court Division could interfere only if the......ccused for the statements under section 161 Cr.P.C. but the same could not be supplied to them as because the statements were allegedly lost. In this context, it noticed that four Sub-Inspectors of Police investigated the case one after another. The first Sub Inspector Mr. Jalil after recording ..Category: Criminal Law | Date: | Hits: 48
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