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Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
.... create a complete usufructuary mortgage for a period not exceeding 15 years and did not allow him to create any usufructuary mortgage as defined in section 58 of the Transfer of Property Act but the amending Act of the Bengal Tenancy Act introduced a new definition of "complete usufructuary mortgag......and 136 of 1972 P.O. No. 24 of 1973 The President’s Order Nos. 88 and 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereo..Category: Property Law | Date: | Hits: 85
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. ......ngle Judge cannot be sustained. This appeal is allowed and the order of the High Court Division is set aside 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)..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 ...... Special Tribunal. 2. The facts are that informant Rais Ali lodged a First Information Report on 1-7-74 at the Bianibazar Police Station, Sylhet alleging that the accused appellants formed into unlawful assembly being armed with gun, lathi etc., trespassed into the house of informant with the ..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 ......forming their contractual obligations. 4. Khondker Mahbuddin Ahmed, the learned Counsel appearing for the appellant canvassed that there being no violation of any statute or rule having force of law and there being no concluded contract between the Government and the respondents 1 and 2 creat..Category: Others | Date: | Hits: 94
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 ......of 1978) Judgment: Kemaluddin Hossain, CJ.—In this appeal a question of some public importance is involved, in that whether the learned Judges of the High Court Division were well founded in law in directing the abatement of a writ petition in view of sub-paragraph (1) of paragraph 5 read..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. ......l Revision Case No. 379 of 1977). Judgment Kemaluddin Hossain CJ.- In this appeal facts are not complicated nor they require to be recounted in detail, but a short but important question of law in involved, in that, whether a Court of Small Causes can exercise powers under section 144 of t..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
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 ...... has recommended stoppage of increments in pay which is to be found in clause (ii), the Government has imposed the punishment of removal without assigning any reason. Whether this is permissible by law. 19. In the case of M.A. Hai V. Trading Corporation of Bangladesh (C.A. No. 101 of 1976) the ..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 ...... 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 Thai Fishin..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 ....... 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 by this Judg..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 ......ration to the extent the learned Advocate-on-Record wants to establish. There being no word of limitation as to the nature of transfer in the section any transfer which is a transfer in the eye of law subject to the restriction laid down in the section is preemption, In this regard the decisi..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 ......ustoms Act in that the gold bar bearing the inscription of London manufacturer showed that it was of foreign origin but was imported into the country in contravention of restrictions imposed by law and the appellant acquired its possession without any licence from the authorities. The Magist..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......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 provision o..Category: Tenancy Law | Date: | Hits: 67
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 ......re, 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 no existence in the eye of law and it must be set aside. Such enquiry is permissible within the scope of Order IX, rule 13 of t..Category: Property Law | Date: | Hits: 69
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 ......stood as a charity in English language. The present waqf which in part produces for family maintenance cannot be treated wholly for charitable purpose.…………….(14) Waqf-al-al-awlad- Muslim law does not make any difference between charitable purpose and religious purposes. The Bengal Ag..Category: Trust/Waqf Law | Date: | Hits: 239
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 ......gh Court Division in Writ petition allowing the Respondent Sk. Abdur Rashid's claim that his substantive post of Chief Accountant of M/S. Karim Rubber Industries Ltd., was not terminated according to law. 2. Facts are that the appellant, Bangladesh Chemical Industries Corporation has been created..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... Kishoreganj, Mymensingh arid cognizance was taken by the Senior Special Tribunal Judge, Mymensingh but it was transferred to Dacca to be tried by the Special Martial Law Court No. 11 Dacca. By the amending Regulation No. XXXII of 1976 the power to transfer a case under clause 3(2) had been given ...... 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulations. The Constitution ..Category: Criminal Law | Date: | Hits: 294
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 ......Division has been take away by the Special Powers Act and the proceedings pending before it cannot be quashed under section 561 A. of the Code of Criminal Procedure is not a correct exposition of law. 8. The next question is whether the proceedings of the instant case should be quashed. M..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. ......sable" or "non-cognisable case" respectively. A cognisable case means "a case in, which a Police Officer, within or without presidency towns may, in accordance with the second schedule or under any law for the time being in force arrest without warrant". Similarly, a non-cognisable case means "a c..Category: Criminal Law | Date: | Hits: 58
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 ......e. Civil Appeal No. III of 1978. (From the Judgment and order dated 18th July, 1977 passed by the High Court 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 Improvement Ac..Category: Others | Date: | Hits: 86
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