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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 ......s 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 ......posed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......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

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. ...... stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ...... (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. Result: The Petition is dismissed. ..

Category: Criminal Law | Date: | Hits: 58

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

....rovisions 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 Sircar, Advocate, instructed by S. S. Hoda, Advocate-on-Record—For the Respondent. ......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 ......he matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ...... @ Hapan Tudu & ors………….....Appellant. Vs. Munshi Abul Khair ……....Respondent Judgment April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-ap­pellants who were not dead could carry the appeal to its conclusion, an..

Category: Property Law | Date: | Hits: 73

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 ......cca, 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 ......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 ...... authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......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 ......, 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 ...... law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... 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 ...... 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 ......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

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

....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 ......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 ......and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......Supreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam, J Badrul Haider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy ..

Category: Property Law | Date: | Hits: 66

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

....o Reported in: 32 DLR (AD) (1980) 52 ......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 ......e the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......e Division (Civil) Present: Kemaluddin Hossain, C.J., Ruhul Islam, J., K. M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the fina..

Category: Tenancy Law | Date: | Hits: 69

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. ...... 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 ......e no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......9 ..

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 ......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 ......on receipt of a complaint other than a Police report by a competent officer or in the course of hearing of a revisional application. Lawyers Involved: Abdul Wadud Khandker, Advocate with Habibul Islam Bhuiyan, Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellant. Abdul Wad......reme Court Appellate Division Criminal Present: Kemaluddin Hossain, CJ. Fazle Munim, J K.M. Subhan, J. Siraj Miah................................Appellant. Vs. Bangladesh and ano­ther…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 ..

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 ......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 ......ct while exercising the Jurisdiction under section 435 of the Code by the Session Judge has been held to be illegal………….(5) Lawyers Involved: Abdul Wadud Khondker, Advocate, with Habibul Islam Bhuiyan, Advocate, instructed by S. M. Haq, Advocate on-Record—For the Appel­lant. Abdus......me Court Appellate Division (Criminal) Present: Fazle Munim, J K.M. Subhan, J Badrul Haider Chowdhury, J Zahidul Haque.......................... Appellant. Vs. Bangladesh and others.........Respondents Judgment August 20, 1979. The Special Powers Act, 1974 (Act..

Category: Criminal Law | Date: | Hits: 63

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

.... Sundari and Sabitri Devi sold these properties to the deceased appellant and his son and brother and others by registered kabalas dated 19-8-75 (registered on 70-8 75) It was alleged that respondent Md. Golam Mostafa, a neighbor was trying to grab the  property. He moved the authority to treat the......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 ......gal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ...... Appellate Division (Civil) Present: Kemaluddin Hossain C.J.  Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………â..

Category: Property Law | Date: | Hits: 58

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

....(134) 145; Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163; AIR 1938 Rangoon 160; 28 DLR 187; Emperor v. Nazir Ahmed, AIR 1945 PC 18 at p. 22; West Bengal v. S.N. Basak, AIR 1963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 S......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 ......f the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Govern­ment Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; ..

Category: Criminal Law | Date: | Hits: 66

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment March 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 All (Luck......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......d. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella..

Category: Others | Date: | Hits: 119