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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....pendently of section 4 and 6 that also falls." The learned Judges of the Special Bench concluded the judgment saying that "regard being had to findings above, this Rule is made absolute and it is declared that the order passed by the Respondent No. 3 refusing to ......section 4 and 6 that also falls." The learned Judges of the Special Bench concluded the judgment saying that "regard being had to findings above, this Rule is made absolute and it is declared that the order passed by the Respondent No. 3 refusing to accept for r..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
.... This application was filed on 6th April, 1966 and was rejected by the Court on 11 th May, 1967. This order of rejection was challenged before the High Court in its revisional jurisdiction but the Rule was discharged on final hearing on 25th June, 1970. The decree holders-respondents, there......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....tion before Customs authority for determining the actual value of the gold and silver or its realised value and claimed Tk. 1,59,220/- being the 20% value of the seized articles as reward under the Rules and since the reward amounted to more than Tk. 5000/-, under the Rules of Business of the Gov......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....ps were not installed in Pakistan. The Appellate Tribunal considered that it is immaterial whether the ships were installed or not in Pakistan for the purpose of additional depreciation under Rule 9(2). It was, however, noticed that the vessel 'Monolo Everett' was installed after the first ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....t them, by itself cannot be ground for disentitling the competent authority to initiate departmental proceeding on the same allegations and award punishment in accordance with the Service Rules. Similarly, if the delinquent employee escapes punishment in a departmental proceeding, ......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... from service or otherwise suitably punished for inefficiency and misconduct within the meanings of clauses (a) and (b) of rule 3 of the Government Servants (Discipline and Appeal) Rules, 1976 The explanation was not satisfactory and inquiry was held. The Inquiry Officer found hi......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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(f) dismissal from service.
(2) Dismissal from service shall disqualify the University employee from future employment but removal from service need not be considered an absolute dis-qualification.
5. (1) When an employee of the University is to be proceeded again..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ...... out sale with a condition for reconveyance on repayment of the consideration within a period of 5 years, bat no repayment having bean made within the stipulated period the transaction of sale become absolute and as such the plaintiff was not entitled to any decree for redemption or reconveyance. Th..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....1979) Judgment Badrul Haider Chowdhury J.—These are certificated appeal under Article 103 of the Constitution from the judgment In Writ Petition Nos. 928 and 929 of 1979 discharging the Rule, Facts are as fellow: The appellant Khondker Moshtaque Ahmed was convicted by the Special Marti......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....ernment. Pre-emption was disallowed in that case on reversal of the High Court Division’s decision as the pre-emptor was not found to have owned any land 'contiguous to the land transferred. Rule of bar of partial pre eruption was discussed in both the cases referred to above and it was he......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e Fund undoubtedly belongs to the State, it was held that the fund would only be disposed of by judicial order of the Prize Court in an appropriate proceeding Reference was made to certain relevant Rules under Order XXXIV of the Prize Court Rules, 1939 which are quoted below: &......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of decisions with reference to section 96-B of the Government of India Act, 1919 and the Rules framed thereunder, it has been held, that, unless in special cases, where it is otherwise pr......s amicus curiae while supporting the arguments of Mr. S.R. Pal, submitted that although a member of the Police Force holds office during the pleasure of the President, but President's pleasure is not absolute, but is subject to the fetters as provided under Article 135 of the Constitution. The guara..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......rticular interest of individual is directly and vitally concerned." The Privy Council observed: “Prima facie the Government are good Judges of that. They are not absolute Judges. They cannot say 'Sicvolo sick Jubeo' but at least a Court could not easily hold t..Category: Property Law | Date: | Hits: 65
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... of Paurashava was challenged by a petition filed by the respondent alleging that the election was vitiated amongst others on account of contravention of rules 37, 38 sad 39 of Paurashava Election Rules, 1977. Election in two centres, namely Rupsha Primary School Centre and Baniakhamar Hafizia M...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....egram. The appellant moved the High Court Division in criminal revision for quashing of the proceedings under section 561 A of the Code of Criminal Procedure. The learned Judges discharged the Rule in Criminal Miscellaneous Case No. 687 of 1978 holding that section 435 Criminal Procedure Co...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... that at "material time, the applicant was a soldier, but it was contended that the second court had no jurisdiction to deal with him, because it was not convened "forthwith" in accordance with the Rules of Procedure, 1926 r. 34(c). It was held that the High Court could only interfere with militar......isoner who has been convicted by a Court Martial in such circumstances. In this view of the matter the opinion is that the view taken by the High Court Division that the jurisdiction is barred in absolute terms does not appear to be correct. In the present case the irregularities in proceeding..Category: Constitutional Law | Date: | Hits: 327
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