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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 ....... 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..

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. ......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 ..

Category: Criminal Law | Date: | Hits: 58

Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)

....n of two conflicting decrees coming into exis­tence arise, this is a fit case where provisions of rules 4 and 33 of Order 41 of the Code will apply……….(7) Lawyers Involved: M.H. Khondker, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellants. Md. Jamiruddin......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..

Category: Property Law | Date: | Hits: 73

Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)

....bdus Sobhan, Addl. Attorney-General, with B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. T. H. Khan, Senior Advocate—Amicus Curiae. Civil Appeal No. III of 1978. (From the Judgment and order d......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)

....quisition and Tenancy Act are similar in nature…………………(4) Lawyers Involved: K. S. Nabi, Advocate instructed by B. C. Panday, Advocate-on-Record—For the Appel­lant, S. R. Pal, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents. K A. Baker, A......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)

....s  resignation. In such a case the competent authority cannot be aid to be without any power to rescind or recall his order accepting the resignation………….(9) Lawyers Involved: S.R. Pal, Senior Advocate with Shamsul Hague Siddique, Advocate, instructed by A.W. Main, Advocate-on-Recordâ€......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..

Category: Employment/Service Law | Date: | Hits: 77

Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)

....y for the period from his appoint­ment to the date of suspension and thus such order has not affected any statutory right of the appellant. The appeal is dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Appel­lant. Ex-parte—......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

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

.... findings of the Labour Tribunal to that effect the High Court Division cannot substitute its findings for those of the Tribunal in exercise of Writ jurisdiction. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellant. Nazmul Huda, A......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..

Category: Labour and Industrial Law | Date: | Hits: 106

Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)

....893) Ch. 349; Spillers Limited vs. Cardiff (Borough) Assessment Com­mittee and Pritchard (1931) 2 K. B. 21; Aziz Ahmed Vs. Nazir Ahmed I.L.R. 50 Allahabad 257. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by B.C. Panday, Advocate-on-Record—For the appellants. Faqeer Shahab......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 ..

Category: Property Law | Date: | Hits: 66

Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)

....rect clerical mistakes. The discretion, if any, should be exercised judiciously. The discretion in this case not being exercised judiciously, cannot be sustained. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Md. Abdur Ra......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)

....giving reasons, the order is not immune from attack being violative of the principle of natural Justice…………(9) Case Referred to- 31 DLR (AD) 33. Lawyers Involved: Rafique-ul-Huq. Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appel­lant. Abdur Rab-I,......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

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

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

Category: Criminal Law | Date: | Hits: 60

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

....ablish that the property is enemy property. Having failed to discharge the burden of proof of declaring the property as Enemy Property, was without Jurisdiction. Lawyers Involved: M.H. Khandker, Senior Advocate, ins­tructed by B.C. Panday, Advocate-on Record —For the Appellants. Anwarul H...... 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...

Category: Property Law | Date: | Hits: 58

Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)

....) instruc­ted by S.S. Hoda, Advocate-on-Record—For the appellant in both the appeals. Aminul Huq, Advocate-on-Record—For the respondent (In Appeal No. 9 of 1978). Faqeer Shahabuddin Ahmed, Senior Ad­vocate (A.N.M. Gaziul Hoque and Shah Abu Noyeem, Advocates with him) instructed by Aminul...... 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..

Category: Criminal Law | Date: | Hits: 66

Coal Controller, Govern­ment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)

.................Petitioner Vs. Ventura Industries Ltd.....................Respondent Judgment August 19, 1993. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Petitioner. ......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 ..

Category: Others | Date: | Hits: 90

Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)

....rs Involved: BN Chowdhury, Advocate, instructed by Abdur Rab-II. Advocate-on-Record-For the Appellant. SM Huq Advocate-on-Record-For the Respondent No. 1. Syed Ishtiaq Ahmed, Senior Advocate-Amicus Curiae. Civil Appeal 103 of 1977 from CR 1126 of 1974. Judgmen...... 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 ..

Category: Civil Law | Date: | Hits: 112

Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)

...................Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment January 15th, 1980. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by BC Panday, Advocate-on-Record-For the Appellants. Rafiqur Ra......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..

Category: Property Law | Date: | Hits: 54

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

...................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, S K Shaha, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Reco......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..

Category: Property Law | Date: | Hits: 66

Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)

................Petitioner [In CP No. 107 of 1993] Vs. Golden Biscuit Co....................Respondent [In both cases] Judgment May 20th, 1993. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, ins­tructed by Md. Sajjadul Huq, Advocate-on- Record­-For the Petitioner. (In bot...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..

Category: Tenancy Law | Date: | Hits: 71

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

................................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate­-......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