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Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)

.... 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 ...... the ballot papers of the 14 polling stations and this and this cannot be termed as adopting double" standard. 10. As has been noticed, Abdul Jalil, Res­pondent No. 2 was declared, elected by the Presiding Officer by a margin of 61 votes. Rule, 37(4) of the Pourashava Election Rules, 1977 provid...... in the election of Chair­man of Comilla Pourashava held on 13.8. 1977. The election was held peacefully in 32 polling centres and the Respondent 2, Abdul Jalil was declared elected by the Returning Officer defeating his nearest rival Afzal Khan by a merging of 61 votes. 3. The defeated candidat..

Category: Election Law | Date: | Hits: 136

Gopinath Ghose Vs. State, 1980, 9 CLC (AD)

....PLD 1963 Dac. 595. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Moksudur Rahman, Deputy Attorney-Gene­ral, A.L. Bhowmik, Assistant Attorney-General instructed by Zinnur Ahmed, Advocate-on-Record—For the Respondent. C......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

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....ltural income tax for the years 1956-57, 1957-58 and 1959-60 by the Agricultural Income Tax Officer of Mymensingh, Range. The assessee denied liabi­lity to tax and took three separate appeals to the Assistant Commissioner of Agricultural Income Tax who reduced the quantum of the assessed for each y......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 ......ch Charities and in such proportion as are mentioned in the deed. The respondent-Mutwalli assessed to agricultural income tax for the years 1956-57, 1957-58 and 1959-60 by the Agricultural Income Tax Officer of Mymensingh, Range. The assessee denied liabi­lity to tax and took three separate appeals..

Category: Trust/Waqf Law | Date: | Hits: 239

State, People's Re­public of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)

....torney-General vs. Theobald 1890 24 QBD 557; Col­onial Sugar Refining Co. Vs. Irving (1905) AC 369(372). Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan, B. B. Roy Chowdhury, Assistant At­torney Generals, instructed by B. Hossain, Advocate-on-Record—For the Appellant. ......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. ......dly weapons called her husband 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 Marc..

Category: Criminal Law | Date: | Hits: 294

Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)

..... 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- For the Respondent. Cri......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)

....agistrate 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 Respondents. Civil Petition ......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. ......ure. Clauses (f) and (n) of section 4 Criminal Procedure Code, however, have defined what is ‘cogni­sable" or "non-cognisable case" respectively. A cognisable case means "a case in, which a Police Officer, within or without presidency towns may, in accordance with the second schedule or under any..

Category: Criminal Law | Date: | Hits: 58

A. Z. Rafique Ahmed Vs. BD Council of Scientific and Indus­trial 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 ......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 ......ientific and Technological Research Division; (viii) The Chairman, Bangladesh Atomic Energy Commission. (c) One officer not below the rank of Joint-Secretary from amongst the Officers of the Scientific & Technological Research Division to be nominated by the Govern­ment; ..

Category: Employment/Service Law | Date: | Hits: 130

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....ior 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 Record—For Respondent Nos. 1 & 2......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)

....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 ......”This appeal is against the judgment of summary rejection of the Writ pe­tition being No. 986 of 1978 filed by the appellant challenging the Order compulsorily retiring the appellant, Chief Accounts Officer of the Tariff Commissioner, on ground of misconduct. 2. The facts leading to the impugned..

Category: Employment/Service Law | Date: | Hits: 72

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 ......the villagers came and heard about the occurrence. The police started investi­gation 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 submit­ted a report to the Sub-Divisional Magis­trate ..

Category: Criminal Law | Date: | Hits: 48

Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)

....02 of the 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......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 ......he hotel room occupied by a foreign guest. The High Court Division on examination of the record brought before it, clearly found that the domestic enquiry was a perverse one and because the Enqu­iry Officer did not examine (1) the Security Officer who lodged the complaint of theft to the Management..

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 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 ......ion Parishad found the appellant guilty of the charges and felt the indispensable nece­ssity of removing him, a resolution to that effect was passed and the resolution was sent to the Sub-Divisional Officer, Sadar North, who is also the Prescribed Authority for his approval. The Prescribed Authorit..

Category: Employment/Service Law | Date: | Hits: 108

M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

....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. ......r 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 put in charge of 6 to 7 godowns situated in different parts ..

Category: Employment/Service Law | Date: | Hits: 72

Siraj Miah Vs. Bangladesh and ano­ther, 1980, 9 CLC (AD)

....isional application. 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. ......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to conti­nue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......nce of offences under Section 148/324/431/379 of the Penal Code read with Section 26 of the Special Powers Act, 1974, 2. Facts briefly stated are that on a First Information Report filed with the Officer-in-Charge. Balaganj Police Station, District Sylhet, stating that the applicant and nineteen..

Category: Criminal Law | Date: | Hits: 60

Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

.... to get an order of the Enemy Pro­perty authority declared as without lawful authority but had not succeeded. 2. Facts are that the properties in appeal had been declared as enemy property by the Assistant Custodian of the Enemy Property by his orders dated 29-12-69 and 14-9-70 in E.P. Cases No.......vision is set aside and the impugned order of the Enemy Property authority is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is de­clared 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)

.... the schedule and they are to be tried by a 'Special Tribunal' constituted under sub-section (2) of section 26 of this Act, which is as follows: "Every Ses­sions Judge, Additional Sessions Judge and Assistant Sessions Judge shall, for the areas within his sessions division, be a Special Tribunal fo......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 ......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 ..

Category: Criminal Law | Date: | Hits: 66

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 ......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 ......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 ..

Category: Criminal Law | Date: | Hits: 44

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 ...... 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 ......cation before the Sub‑divisional Magistrate, Sadar Noakhali, who drew up a proceeding under section 145 of the Code of Criminal Procedure and attached the proceeding land and appointed Circle Officer, Sudharam as receiver of the said land. The Magistrate, having failed to decide the questi..

Category: Civil Law | Date: | Hits: 112

Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)

....ed by the High Court Division in Civil Revision No. 1984 of 1991). Judgment Mustafa Kamal J.- This appeal by defendant No. 1 arises out of a temporary injunction matter. Both the trial Court, Assistant Judge, 1st Court, Chittagong in OS No. 215 of 1989 by Judgment and order dated 28.3.90 and......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..

Category: Property Law | Date: | Hits: 66

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 ......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 ......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