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Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....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 ......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 This Case is also Reported in: 32 DLR (AD) (1980) 216 ......¦â€¦â€¦â€¦(6) Emergency proclaimed on December 28, 1974 was revoked on November 27, 1979. Decision of Martial Law Courts in Martial Law period is not challengeable except where there is want of jurisdiction or coram non judice. “Purported exercise” As wrong decision by a Tribunal whi..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....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. ......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. ......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 was not authorised in law to exercise jurisdiction under section 144 of the Code. On revision the learned Single Judge held that the appli..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment 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 ...... was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opporÂtunity for cross-examining the witnesses examined by the Screening 'Board in the absence of the appellant Secondly, it was contended that the enhanced punishment was inflicted by th......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 ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....its of territorial waters of Bangladesh. The learÂned Judges were further in error in applying their common sense view in such a highly technical question by giving a glance on the map of Bangladesh totally ignoring the fact that fixing of baseline for determination of the territorial waters is a t......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 ......673, 674 and 850 of 1977). Judgment: 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 imÂportance is involved. The matter..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)
....Âgious or charitable purposes: The Income Tax Officer made assessments of the years 1953-54, 1954-55, 1955-56, 1956-57, 1957-1958, 1960-1961 to 1962-63 under section 23 of the Income Tax Act on the total income received from the property and assessed tax thereon at the maximum rate under section 4......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......Âding that the recounting is indispensably necÂessary for adjudication of the election petition. ..…………(13) The High Court Division thereÂfore had acted correctly in the exercise of its jurisdiction for ends for justice in counting and rechecking of the ballot papers the process of whi..Category: Election Law | Date: | Hits: 136
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 ......s does autre fois acquit, but only precludes evidence being led to prove a fact in issue as regards which evidence has already been led and specific finding recorded before a court of competent jurisdiction." 11. We need not refer to the other cases cited by Mr. Pal, but we would concent..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 ......e suit was a void decree simply because of the plaintiff having suppressed the sumÂmons even if fraudulently and; (3) Whether the learned Judges of the High Court Division were within their jurisdiction in appraising the evidence afÂresh in revision and disturbing the concurÂrent findi..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 ......facturing process. Mr. Hossain has, on reliance upon the evidence of those respondents, submitted that those respondents have not exhibited the nature of the duties before the Labour Court and in the absence of the specification of nature of their duty it is an error to hold that they are workers. T......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 ..Category: Labour and Industrial Law | Date: | Hits: 267
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....expÂenses in connection with the Wakf proÂperties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed further provided that in the event of the total extinction of the lineal descendants of the Wakif, the net income set apart for their maintena......e or by fixing monthly alloÂwances or stipends shall pay the same to them. The amount of stipend or monthly alloÂwances would be got by my wife, children and descendants for their maintenance in my absence the procedure according to which such amounts would be paid, would be assÂessed and fixed b......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals 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 ReÂpublic 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. ......d Counsel further submitted that such an order of transfer of a case from the Criminal Court to a Martial Law Court is subject to judiÂcial review of the High Court. He further submitted that in the absence of any guide line provided under Martial Law Regulation 3(2), it should be tested on the pri......st 20, 1975 and the Martial Law Regulation No. 1 of 1975 made thereunder having not provided for trial of the offences committed before proclamaÂtion, 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 disÂmissed 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 disÂmissed 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 disÂposed 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 disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......l from nor to revise any order, judgÂment 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 proceeÂdings 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 ......rt In F.A. No. 362 of 1969). Judgment: K. Hossain, CJ.— The short question of law involved in this appeal is when land is acquired under section 93 A of the Town ImÂprovement Act and in the absence of TribuÂnal constituted thereunder, whether the Land Acquisition Court in assessing compen......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
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial 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 ..Category: Employment/Service Law | Date: | Hits: 130
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 ......wdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, Rule 147. In the absence of a clear bar against reinstatement the competent authority cannot be said to be devoid of ......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)
....order direcÂting issue of warrants of arrest. 7. From the judgment of the Sessions Judge and that of the High Court Division in reviÂsion it appers that one important aspect of the case has been totally missed, Since the case was initiated under the special statute and it was so continuing the ...... Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962 (SC) 242, wherein it has been held that once an order of discharge has been recorded by the Magistrate revival of proceedings is not permitted in the absence of an order of the Revisional Court revising the same. 6. On perusal of the record of the...... 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)
.... the High Court did was to convert the order of disÂmissal to an order of termination simpliÂciter on the ground of the appellant's being undesirable. It has already been mentioned that there was total absence of facts where-from the conclusion of undesirability could be drawn. It was open to th......, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subject matter of the case on the basis of the evidence on record but in absence of findings of the Labour Tribunal to that effect the High Court Division cannot substitute ......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
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....ht members of the Union Parishad concerned. The charges which led to this meeting were misconduct, misuse of power, corruption, favoritism, nepotism. In the meeting the memÂbers forming 2/3rd of the total member of the Union Parishad found the appellant guilty of the charges and felt the indispensa......pellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the ...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
.... more than one tenant holding land contiguous to the land transferred apply under this section, the Court shall determine the order of priority as among such tenants having regard to— (i) The total quantity of land in possession of each of the tenants applying: (ii) whether the contiguou......tate Acquisition and Tenancy Act, 1950, hereinafter referred to the as "the Act". Schedule 1 consists of a tank only. The appellants contested the pre-emption case on various grounds, inter alia that absence of contiguity between the lands by reason of exisÂtence of a public pathway, prayer for pre......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 ..Category: Property Law | Date: | Hits: 66
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