Search Options
Judgment Advanced Search
Displaying 5201-5220 of 5565 results.
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....i actually spends the income for the purpose of wakf-al-al aulad, he is not applying it for those purpose, and in this category of cases, 'apply' will mean actual expenditure. The expenditure being discretionary, if he does not spend the income for the purpose of wakf-al-al-aulad, he does not comm......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 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic 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. ......st 20, 1975 and the Martial Law Regulation No. 1 of 1975 made thereunder having not provided for trial of the offences committed before proclamation, the trial of the condemned prisoners is without jurisdiction and the sentence passed therein is a nullity; and that the trial held by the Martial La..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 dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......d, collusion and conspiracy as alleged by Respondent No. 1 against the appellants can only be determined on taking evidence and not by arbitration. It is the discretion of the Court as to whether the jurisdiction under section 34 of the Arbitration Act is to be exercised. The learned Admiralty Judge..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 disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......l from nor to revise any order, judgment or sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion that the High Court Division under section 561A. can exercise its limited jurisdiction in the proceedings pending before the Special Tribunals. So far quashing is concer..Category: Criminal Law | Date: | Hits: 51
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 ......lly said about the trial procedure or the character of the award made by the Court under the Land Acquisition Act read with section 91A of the Town Improvement Act, the provision of power, procedure, jurisdiction and appeal of the Land Acquisition Act, 1894 shall apply in such case. Mr. T.H. Khan ar..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 ......t referring to Section 16 of General Clauses Act. In our opinion, the decision of the Government as communicated under the letter dated November 4, 1972 cannot be said to be illegal and without any jurisdiction, nor the decision of the Bangladesh Railway Board reinstating him in his service and co..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 ...... Against this order the appellants moved the Sessions Judge, Sylhet under Section 438/ 435 of the Code of Criminal Procedure which was rejected on 31.7.75. They moved the High Court in the revisional jurisdiction and Rule was issued in Revisional Case No. 559 of 1S-75 which was discharged on 3.11.76..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 ......e basis of the evidence on record but in absence of 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, Advoca..Category: Labour and Industrial Law | Date: | Hits: 106
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....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 ......int involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the pl..Category: Tenancy Law | Date: | Hits: 69
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 ...... Sections 47, 49 & 50 Mere enrolment of a property as a waqf property under section 47 of the Ordinance or under section 49 is not a decision under section 50. Section 50 The Administrators jurisdiction is attracted when dispute is whether a property is waqf or not. This question will have..Category: Trust/Waqf Law | Date: | Hits: 196
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 ......t erred in not considering that unlike Criminal Procedure Code, the Special Powers Act provides only one procedure for taking cognizance, namely, upon a police report and precludes the exercise of jurisdiction by any Court for taking cognizance suo motu or upon receipt of a complaint. 5. 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 ...... A Court of Sessions and Special Tribunal are two distinct forums vested with distinct Jurisdictions though presided over by the same person. These two statutes do not permit the overlapping of the jurisdiction of the forum created under the two statutes…….(5) Taking of cognizance of a case..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah being 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 declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......migrated from the then East Pakistan some time before the war of Indo-Pakistan in 1965. The High Court Division held that it was a disputed question of fact and so it could not be decided in the writ jurisdiction, and the learned Judges were of the view that the order passed by the Enemy Property ..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 ......cedure, 1898 (Act V of 1898), Section 561 A. The Specials Powers Act, 1974 (Act XIV of 1974) Interpretation of Statutes After the amendment of the Special Powers Act by Act (LIX of 1974) the jurisdiction of the High Court Division to hear appeals from the judgments of Special Tribunal was t..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government 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 ......te for die petitioner, submits that in the facts and circumstances of the case section 8 of the Arbitration Act, 1940 was not at all attracted and as such the appointment of Arbitrator was without jurisdiction. 5. This is a technical objection which the petitioner could have raised before..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....cumstances the inherent jurisdiction could not be invoked. This proposition has been rather stated too broadly. It is to be remembered that the exercise of jurisdiction under section 151 is purely discretionary, and an order made under section 151 of the Code is not open to appeal, though it is......ed. The second part of the rule also provides a procedure for enforcing the penalty, and it must be on an application of the interrogating party, and upon such an application, the court assumes the jurisdiction to impose the penalty under this rule. The foundation for the exercise of the power u..Category: Others | Date: | Hits: 119
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... the High Court Division considered that no useful purpose would be served by directing retrial. 6. Leave was granted to consider whether (1) the High Court Division in the exercise of Writ jurisdiction could interfere with an order of conviction passed by the Special Tribunal and affirme..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......by the administrative ministry which is uncalled for in the scheme of the Ordinance, 1969. But the Registrar's Order dated 2.5.90 is plainly illegal not because there dispute, but because he had no jurisdiction, under the amended legislation, to consider the commercial management of the Biman an..Category: Labour and Industrial Law | Date: | Hits: 103
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......pension from the period of his compulsory retirement till final disposal of fresh inquiry proceeding. 4. The employee's contention is that the Administrative Appellate Tribunal acted without jurisdiction in directing the Corporation to hold a fresh inquiry. It is submitted that when the Ap..Category: Administrative Law | Date: | Hits: 100
12571254125312521249124712451244124112391238123712361234123312311224122312151208