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Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... 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. ......uestion will not take as long, we propose to deal with it first. It is now well settled that a revision under section 25 of the Small Cause Courts Act lies if there is an error of law involved in the decision of the trial Court. A revision is available with a wider scope than that under section 115 ..Category: Tenancy Law | Date: | Hits: 67
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 ......he Ordinance competent. 7. Mr. Asrarul Hossain the learned CounÂsel appearing on behalf of the appellant has submitted that the second ground on which leave has been granted will be redundant for decision if he does not succeed in the first ground for which leave has been granted. Mr. Asrarul Ho..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 ......o reduced the quantum of the assessed for each year. Not being satisfied with this, the respondent preferred three appeals before the Agricultural Income Tax Appellate Tribunal. Relying on a majority-decision of the High Court of East Pakistan In the case of Khurram Khan Panni vs. ComÂmissioner of ..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ...... wrongful cutting of paddy and on the finding by lower appellate Court that defendant apÂpellants were in possession and they grew the paddy, the suit must fail. Mr. Salam further submitted that the decision upon which reliance was placed by the learned Single Judge has no application to the facts ..Category: Property Law | Date: | Hits: 56
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....f the PreÂsident so entered was one under the ConsÂtitution of the Republic and the constitution continued as such and suspension was only relating to the election of the President. 37. The dual legislative function one by the President, the Chief Executive of the Republic and the other by the ......d before the Chief Martial Law Administrator or a Zonal Martial Law Administrator: Clause (9) of Regulation No. 4 is as follows: "(9) Save as provided in this Regulation no order, judgment, decision or sentence of a Martial Law Court shall be called in question in any manÂner whatsoever..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 ......idered the point as to wheÂther the arbitration clause in the charter party could be read as incorporated into the Bill of Lading, whether it is applicable to the contract. After reviewing number of decisions from the English jurisdiction it came to the conclusion that the arbitration clause in the..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 ......ore the Special Tribunal under the Special Powers Act, 1974. 3. This question came before this Court in the case of Bangladesh vs. Shahjahan Siraj in Criminal Appeal Nos. 9 and 10 of 1978. In that decision the majority view of this Court considered the point and observed: "It is not however cl..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. ......her the offence was committed after the promulgation of Martial Law. A similar point is already under consideration of this Court in Criminal Petition for Special Leave to Appeal No. 78 of 1978. A decision, therefore, on this point is not warranted in this appeal particularly because of the view ..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 ......he High Court being F.A. No. 262 of 1969 which was allowed in part. Leave was granted to consider the question set out above. 3. The learned Judges of the High Court Division with reference to the decision of this Division in the case of Bangladesh vs. Abdul Mannan (1977) 29 DLR (S.C.) 17 held th..Category: Others | Date: | Hits: 86
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 ...... 1st. 1972 by way of an appeal to the Minister-in- Charge of the Ministry of Communication for review of the order of acceptance of his resignation and on consiÂderation of the said representation a decision was taken by the Minister concerned for taking the appellant back in his service ; and in p..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 ...... Judgment February 26, 1979 The Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide wh..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......thway, yet the Courts below, on erroneous view of the word 'contiguous', allowed the pre-emption case. He further contended that the learned judges of this High Court Division while approving the decision of the Courts beÂlow took an erroneous view that the word 'contiguous' is synonymous to ..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the apÂpellant 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. ......is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming to such a decision. Even in case of giving reasons, the order is not immune from attack being violative of the..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ...... Â Â Â Â Â Â Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been insert..Category: Trust/Waqf Law | Date: | Hits: 196
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 ......ty authority that the vendors of the appellants ever migrated to InÂdia make it manifest that, the challenged order declaring the property in question as enemy property was without jurisdiction. The decision on the first ground covers the third ground of leave order and the appeal succeeds on these..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ordÂance with the procedure of Code of Criminal Procedure." 7. The reasons adverted to by them after so holding would appear from the following passage in their judgment: "The State in its legislative capacity has created a Court and subsequently desired that this Court should not have t......nary penal law and procedure. 11. As regards, the Powers of the High Court to quash the proceedings before the SpeÂcial Tribunals under Section 561A Criminal P.C., the learned Judges followed the decisions reported in 29 DLR (134) 145 and the unreported decision in Criminal Revision No. 63..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......o do so and so the application to the court. Over a performance bond executed by the respondent a lengthy injunction proceeding since 24.10.90 is on this court has granted leave to appeal from the decision of the High Court Division in the matter. The hearing of the application under section 8 h..Category: Others | Date: | Hits: 90
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 ......Mr. Md. Faziul Karim for the Respondent, we felt the necessity of taking further assistance of the Bar, as the question under consideration is of general public importance, and there is no uniform decision to cover it. Accordingly, we requested Mr. Pal to appear as amicus curiae to assist the co..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......ession could not be sought for because the possession of the property is already with the agent appointed by the court. 8. Mr. Ahmed, learned Counsel, has relied for this proposition on the decision, in the case of Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94. In thi..Category: Civil Law | Date: | Hits: 112
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 ...... of the delay. Subject matter of both the appeals being same, they should be heard on merit. The other appeal is ready for hearing; if this appeal is dismissed on ground of limitation, conflicting decision is likely in the other appeal when decided on merit. The impugned condonation of the delay..Category: Property Law | Date: | Hits: 101
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