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Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
...., 22 Cal. 131 ; Sheonandan Mahton vs. Emperor, 19 Cr.LJ. 263 ; Subal Chandra Nama Das vs. Abdullah Sheikh, 30 CWN 546 ; Jogesh Chandra Sarkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellants. M......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 ......ingh vs. Emperor, AIR 1933 Pat. 244 ; Radhabullan Roy vs. Benode Behari, 30, Cal. 449 ; Ajablal vs. Emperor, 32 Cal. 783; Choa Lai Das vs. Anant Pershad Misser, 25 Cal. 233 ; Chandi Prashad vs. Abdur Rahman, 22 Cal. 131 ; Sheonandan Mahton vs. Emperor, 19 Cr.LJ. 263 ; Subal Chandra Nama Das vs. Abdu......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..Category: Criminal Law | Date: | Hits: 60
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....e 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. The Sta......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. ......alable. Lawyers Involved: Nizamuddin Haider, Advocate instructed by Shahabuddin Ahmed, Advocate-on Record- For the Appellants. Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate on- Record—For the Respondent No. 1. Ex-parte—For Respondent Nos. 2-50. C...... 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. ..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....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 ......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 ......tion 27 of the Special Powers Act. Lawyers Involved: A. Hasib, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Appellants. Abdus Sahan, Additional Attorney General, Matiur Rahman, Asst. Attorney-General, instructed by A Rob-I, Advocate-on-Record.—For the Respondent. ......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..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....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. ….. Respondents Judgment November 28, 1979. The Specific R...... 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 ......amphal Vs. State of Bihar, AIR 1954 (Pat.) 235; K. N. Guruswami Vs. State of Mysore, PLD 1956 (S.C.—India), 53. Lawyers Involved: Kh. Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, senior Advocate, instructed by......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. …..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....udges did hot refer to the facts involved in any one of the writ petitions before them and 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 Ho......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 ...... withdrawal or revocation. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellant. Abdus Sobhan, Addl. Attorney-General, with Matiur Rahman, Asst. Attorney-General, instructed by B. Hossain, Advocate-on-Record— For the Respondents.......) 216 ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....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. ......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. ......alentine, AIR 1920 Bom. 12; Balaram Reddi vs. Govinda Reddi A.I.R 1947 Mad. 54; Allahabad Theatres vs. Ram Sajiwan. A.I.R. 1949 All 730. Lawyers Involved: Abdus Salam, Senior Advocate, Mohfuzur Rahman, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Appellant. Rafiqur Rahm...... (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..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....xclusively by Special Tribunal………..(6) Case Referred to Anwar Ahmed Vs. State in Criminal Appeal Nos. 29 and 30 of 1977. Lawyers Involved: Rafiqul Huq, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant. Abdus Sobhan, Additional Attorney-Gen......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 ......d 30 of 1977. Lawyers Involved: Rafiqul Huq, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant. Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Responden......09 ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
..... 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 provides for ......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 ...... (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, Matiur Rahman, Assistant Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For Responden......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 ..Category: Employment/Service Law | Date: | Hits: 70
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....Tribunal itself solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate with Serajul Huq, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate wi...... 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 ......lf solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate with Serajul Huq, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate with Zamiruddin...... 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 ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
.... Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. ......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 ......r Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. 4—22. Ci......DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....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 ......IR 1965 (SC) 87, 6 DLR 634, AIR (1956) S.C. 415, 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 Ahm......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..Category: Criminal Law | Date: | Hits: 42
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ...... that date. If fraud is proved then there is no question of limitation. Reliance may be placed in the cases of Abdul Rauf vs. Abdul Harnid Khan, (1965) 17 DLR (SC) 515-PLD 1965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with......ported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
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 ......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 ......rker within the definition. The determination of the status of "workers" is dependent upon the nature of their duty…………(7) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—For the Appellant. Bazl......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
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....under section 34 of the Ordinance before the Labour 'Court, his remedy under that Ordinance is barred. The Appeal is allowed. Lawyers Involved: Asrarul Hossain, Senior Advocate, Supreme Court (Md. Khalilur Rahman, Advocate, Supreme Court with him) instructed by Aminul Huq, Advocate-on-Recor......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......on 34 of the Ordinance before the Labour 'Court, his remedy under that Ordinance is barred. The Appeal is allowed. Lawyers Involved: Asrarul Hossain, Senior Advocate, Supreme Court (Md. Khalilur Rahman, Advocate, Supreme Court with him) instructed by Aminul Huq, Advocate-on-Record.—For the ......0) 162 ..Category: Employment/Service Law | Date: | Hits: 68
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....not lie against the defendants. Case Referred to- Muralidhar vs. Rupendra Nath , 56 C.W.N. 260. Lawyers Involved: Abdus Salam, Senior Advocate, with Habibur Rahman, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellants. M. A. Aziz, Advocate instructed by Abdur Ra......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 ...... for cutting away of paddy does not lie against the defendants. Case Referred to- Muralidhar vs. Rupendra Nath , 56 C.W.N. 260. Lawyers Involved: Abdus Salam, Senior Advocate, with Habibur Rahman, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellants. M. A. Aziz,......is Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
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 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 ......peal 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- For the Respondent......D) (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. ......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. ......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..Category: Criminal Law | Date: | Hits: 58
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....se 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 ......rs Involved: S.R. Pal, Senior Advocate with Shamsul Hague Siddique, Advocate, instructed by A.W. Main, Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, with Razzaque Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For Respondent Nos. 3, 4 and 5......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..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 ......y himself………(7) Cases Referred to- Abul Hossain Sana Vs, Sawalal Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962 (SC) 242; Akhtar Hossain Khan and ors. Vs. State, 29 DLR. (S C) 101; Abdur Rahman versus-State, 29 D.L.R. (S.C.) 256. Lawyers Involved: Shaukat Ali Khan, Advocate instru......DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
.... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K. M Subhan J Badrul Haider Chowdhury J Syed Masud Ali and others.................. Appellants Vs. Md. Asmatullah & others…………….. Respondents Judgment Nov. ......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 ......tracted when dispute is whether a property is waqf or not. This question will have to be decided by the Waqf Administrator within a reasonable time……………. (16) Lawyers Involved: Ahmedur Rahman Khan, Advocate, instructed by S.S. Hoda, Advocate-on-Record—For the Appellants. Aminul......Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K. M Subhan J Badrul Haider Chowdhury J Syed Masud Ali and others.................. Appellants Vs. Md. Asmatullah & others…………….. Respondents Judgment ..Category: Trust/Waqf Law | Date: | Hits: 196
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