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Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......sal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......o. 90 of 179 (From the Judgment and Order dated 21-11-78 passed by the High Court Division in Civil Revision Case No. 1163 of 1975.) Judgment: Kemaluddin Hossain CJ.—In this appeal the question involved is whether the learned Single Judge was justified in taking a view contrary to the..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......79. (From the Judgment & Order dated 14-7-77 passed by the High Court in Criminal Revision Case No. 189 of 1977.) Judgment: Kemaluddin Hossain, CJ.—The accused are the appellants and the question involved is whether the Sessions Judge acting as a Revisional Court under the Criminal Proc..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......g the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......that pecuniary compensation would not afford adequate relief. In the given facts of the case tender was invited for appointment of a labour transport contractor for the C.S. Godowns for the year in question. Mr. Ishtiaq Ahmed could not put his case into the four corners of any of the illustrations..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... on them. Facts in brief are that Md. Ahmad Hasan got a lease for 99 years from the Government in 1963 of plot No. 10-A/4-6, Mirpur Housing Estate, Dacca with a house standing thereon, and obtained possession in the same year. Appellant Nasiruddin on 13-10-71 entered into a contract to purchase th......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......he observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......visions of the Order………………………(5) Once the appropriate authority decides the abandoned character of a property resulting in the vesting of that property in the Government the question whether the property is abandoned or not is not a justiciable issue before the High Court D..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....pplication under Order 9, rule 13 of the Code of Civil Procedure to set aside the ex-parte decree which was allowed and then he filed an application under section 144 of the Code for restoration of possession to the suit premises,, but it was disallowed on the ground that the Court of Small Causes......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......nce to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......nder section 144 of the Code. On revision the learned Single Judge held that the application under section 144 was misconceived and incompetent and so dismissed the revision case. 2. The principal question is whether section 144 of the Code is available to a Court of Small Causes. To appreciate..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......iew the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......nst the judgment and order of the High Court Division dated March 16 1979 in Writ Petition No. 15 of 1978. 2. The appellant by filing an application under Article 102 of the Constitution called in question the order dated December 24, 1976 passed under clause (2) of Article 6 of the President's O..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......nt municipal laws on the subject. 7. First of all, in Article 143 (1) (6) of the Constitution of Bangladesh, it has been provided that there shall vest in the Republic in addition to any other land or property lawfully vested in it, "all lands, minerals and other things of value underlying th......igh Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......dgment: K. Hossain, CJ.—These three appeals were heard together as they were so heard in the High Court Division, which disposed of three Writ petitions in Writ jurisdiction, in which a common question of law of great public importance is involved. The matter relates to the capture of three..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......re dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ence Case No. 5 of 1973 and Reference Case No. 11 of 1969 respectively under section 66(1) of the Income Tax Act, 1922. Excepting the assessment years, the relevant facts of the two appeals and the question of law also being common the appeals have been heard analogously and are being disposed of ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....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 ......dent No. 5 Jogendra Kishore Chokraborty, by virtue of a Kabala dated 14.5.63. The appellant filed a written objection contending that the Respondents were not co-share's and that it was a homestead land with a tin shed standing thereon and as it is not an agricultural land, it is not pre-emptible........ For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......estions, first is, whether a sale completed in pursuance of a decree for specific performance of contract is pre-emptible under section 96 of the State Acquisition and Tenancy Act, and the second question is, if the decree for specific performance of contract relates back to the date of agreem..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....quent trial being barred by the doctrine of issue-estoppel.…………(11) Mere application for return of the gold after acquittal does not, in the circumstances, amount to his admission of possession of the gold. In the previous trial he disclaimed it and the Court also held that it was n......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 ......eal 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 ......e judgment and Order dated the 3rd May, 1977 passed by the High Court of Bangladesh in criminal Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, J:-This appeal of special leave calls in question an order of the High Court Division dated May 3, 1977 refusing to quash a criminal procee..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....liable to ejectment. The second Respondent, brother of Suresh, was added as a party to the suit on the objection of Respondent as he was also residing in the premises and was said to be in permissive possession. Plaintiffs asserted that both were liable to ejectment. The defence, in substance, apa......f Property Act is heritable upon the death of the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case for ejectmen......e trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......d—For the Respondents. S.R. Pal, Advocate- amicus curiae Civil Appeal No. 108 of 1977 (Arising from Civil Rule No. 419 of 1974). Judgment Kemaluddin Hossain CJ.—The this appeal a question of law of public importance is involved in that whether a monthly tenancy created under the..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....e but the Miscellaneous Case was barred by limitation inasmuch as the defendant had knowledge of the decree when the Process Server was obstructed in executing the writs of attachment and delivery of possession on 21-3-66. In this view of the matter the appeal was dismissed. On revision the High Cou......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 ......hair Mia.........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 d...... suppressed and not this was not reversed by the High Court Division. Once fraud is established, limitation will run only from the date when the fraud is detected. If fraud is proved then there is no question of limitation………(4) Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record— F..Category: Property Law | Date: | Hits: 69
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....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 ......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 ...... Manager, Kushtia Sugar Mills……………………..Appellant Vs. Chairman Khulna Labour Court and another………...Respondents Judgment May 29, 1979. The Industrial Relation Ordinance, 1969 (23 of 1969), section 34. Having ceased to be a worker by voluntarily resigning from......grieved the petitioner moved the High Court Division under Article 102 of the Constitution which summarily rejected the application upholding the views of the Labour Court both on merits and on the question of maintainability of the application under section 34 of the Ordinance. The petitioner a..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)
....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 ......f tax exemption as provided in the first part of clause (b) of section 4. Cases Referred to- Khurram Khan Panni vs. Commissioner of Agricultural Income-tax, 17 DLR (1S65) 286; Commissioner of Inland Revenue vs. Mutual Investment Co. Ltd., (1966) 2 AC 587 at 595; Fazlul Rabbi vs. The State of W...... view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......acca High Court in applications No. 1, 11 and 12 of 1969 under section 63 (2) of the Bengal Agricultural Income Tax Act, 1944). Judgment: Kemaluddin Hossain CJ.—In these three appeals common questions of law are involved and so they are heard analogously and disposed of by one judgment. A r..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting aw...... Judgment June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages ......urt is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ...... It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against..Category: Property Law | Date: | Hits: 56
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....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 ......oes not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......s Administrator was terminated also terminated his services as the Chief Accountant. That part of the case is concluded by the earlier writ petition and the Corporation cannot be allowed to raise the question over again. 4. So far as the present case goes, we think that the conclusion of the High..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. ......a pending action of an appeal to superior Tribunal which belonged to him as of right is a very different thing from regulating procedure." In this regard reference may be made to Halsbury's Law of England, 3rd Edition, Vol. 36,427 where it has been said "To the extent, however, that the effect of ......lowed. 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. ......ministrator- Therefore vires of clause (2) of Regulation No. 3 of Martial Law Regulation No. 1 of 1975, nor any order passed under clause (b) transferring a case to a Special Martial Law Court can be questioned. Transfer of a case from a Special Tribunal to a Martial Law Court being a matter..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 ......In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......s. Vs. Abu Bakr Siddique and others............. Respondents Judgment April 4, 1979. The Arbitration Act, 1940 (Act 10 of 1940), section 34. Bill of Leading Charter party The question of fraud, collusion and conspiracy as alleged by Respondent No. 1 against the appellants ca..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 ......age. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......on the ground that it has no jurisdiction under section 561A of the Code of Criminal Procedure to quash a proceeding pending before the Special Tribunal under the Special Powers Act, 1974. 3. This question came before this Court in the case of Bangladesh vs. Shahjahan Siraj in Criminal Appeal Nos..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. ......ivision (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 di......97 of the Criminal Procedure Code does not put any such precondition to be fulfilled. Sanction can be obtained after submission of charge-sheet but before the trial commences. 5. Next, comes the question whether a charge sheet submitted without obtaining prior sanction of the Government or upon..Category: Criminal Law | Date: | Hits: 58
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