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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......950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose..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...... March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appe..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............Appellant Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has n..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...... (Civil) Present: Kemaluddin Hossain CJ K. M. Subhan J Badrul Haider Chowdhury J General Manager, Bangladesh Cable Shilpa Ltd........ Appellant. Vs Chairman, Khulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV..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 ......ivision (Civil) Present: Fazle Munim J K.M Subhan J Badrul Haider Chowdhury J Manager, Kushtia Sugar Mills……………………..Appellant Vs. Chairman Khulna Labour Court and another………...Respondents Judgment May 29, 1979. The Industrial Relation Ordinance..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Asst. Attorney-General, instructed by S.S. Hoda, Advocateon-Record.—For the Appellant in all the appeals. Md. Fazlul Karim, Advocate, instructed by S. M. Huq Advocate-on-Record.—For the Respondent in all ......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 ......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 ......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn..Category: Trust/Waqf Law | Date: | Hits: 239
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,......elow restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....angladesh Small Industries Corporation vs. Mahbub Hossain 29 DLR (SC) 41. Lawyers Involved: Dr. M. Zahir, Advocate Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellant. Md. Aftab Hossain Advocate-on-Record— For the Respondent. Civil Appeal No. 49 of 1979 (From......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......LR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
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. ......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. ......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. ......AD) (1980) 110. ..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 ......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 ......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 ......) (1980) 107 ..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 ......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......tions aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangladesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-..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 ......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 ......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 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X..Category: Others | Date: | Hits: 86
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 ......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 ......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The ..Category: Employment/Service Law | Date: | Hits: 130
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......ellate 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 Bangladesh Service Rules, ..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 ......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 ......vision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and another…………................Respondents Judgment August 8, 1979. The Governme..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 ......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...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..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 ......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 ......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 ...... (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K.M. Subhan, J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972..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 ...... 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 ......pellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordi..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. ......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. ....... Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgme..Category: Employment/Service Law | Date: | Hits: 72
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......9 ..Category: Trust/Waqf Law | Date: | Hits: 196
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