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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 same proceeding converting himself into a Court of Special Tribunal, a function which is not contemplated by law and which is within the mischief of the rule enunciated in Seraj Mia's case. In that view of the matter, the impugned order cannot be sustained. For the reasons, we allow the appeal,..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....no deal was concluded so far they are concerned for non observance of the regulation. Their remedy, if any, is for damages if they can make out a case for damages, bur the prayer for injunction was erroneous inasmuch as no right of theirs was threatened." 3. In the present case arising out of t......on of the order of the learned District Judge passed in the aforesaid Miscellaneous Appeal No, 366 of 1979. This order was challenged before this Court and leave was granted on the terms whether in view of sections 24, 54 and 56 of the Specific Relief Act the plaintiff respondents were entitled to..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 ......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 with paragraph 4 of Martial Law Regulation No. VII of ..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. ......t. To revert back to section 17 again it appears that it contemplates that final order passed by a Small Causes Court will be a decree. 3. Keeping these provisions of the Small Cause Courts Act in view, if we refer to the Code of Civil Procedure, we find, section 7 which has been impliedly referr..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 ......the appointing authority to give notice of the proposed higher punishment, unless it can be shown that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged. In view of the above I do not find any substance in any of the grounds. The appeal is dismissed. I make..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....l miles from the appropriate baseline on the coast of Bangladesh as provided in the Customs Act, therefore, cannot be the function of the Court which the learned Judges of the High Court Division erroneously assumed upon themselves to determine. The definition of the Customs waters as in the Cus......d before the High Court Division, but the learned Judges principally concentrated their attention on the question whether the Thai trawlers intruded into the territorial waters of Bangladesh. The view taken is that the trawlers were not within the territorial waters but they were within the econ..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 ...... not the income actually spent by the Mutwalli…………….(7) The unexpended amount of income, if any, need not be again set apart by the Mutwalli for being expended in the coming year in view of the specific allotment of the 2/3 rd of the income in the wakf deed for religious or charit..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....llot papers which was rejected by the Tribunal in respect of the 18 polling centres, whereas in the case of remaining 14 polling centres over which there was no dispute the High, Court Division had erroneously checked only valid ballot papers. The learned Counsel forcefully argued that the reche......judged that this was necessary to complete the process of counting which was started by the Tribunal and, therefore, it cannot be assailed as having a double standard. We fully subscribe to this view and no exception can be taken to this part of the High Court Division's judgment. 13. As for..Category: Election Law | Date: | Hits: 136
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 ...... date anterior to the date of the suit by holding that a decree for specific performance of contract relates back to the date of agreement. We do not propose to give our concluded opinion on this view as the proposition enunciated by this authority is not at all relevant for the disposal of th..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....al Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appeal or revision. This issue of fact having...... contravention of the Gold Procurement and Distribution Order, 1958 is a bar to his subsequent prosecution under section 167 (81) of the Sea Customs Act for acquiring possession of smuggled gold in view of the positive finding in the previous trial that the gold in question was not proved to have ..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. ......ffers from an error of law, and then to see whether the error of law has vitiated its decision, and on so finding, he can proceed to reverse the decision of the trial Court. Keeping this principle in view, we are to judge the finding of the learned Single Judge regarding the reversal of the finding ..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 ......s 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 Court Division, however, noticed t..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 ......ances to the respondent No. 2 for 634 days. Being aggrieved 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..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)
....ld come under the first category” 32. In that view of the matter the learned Chief Justice treated the second question as misconceived and according to him this misconception was due to the erroneous view taken on the first question. If it is a wakf wholly for religious and charitable purp......ting a taxing statute a controversy often arises and learned authorities are cited in support of the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not abandoned in case of unresolved ambiguity, does no longer find favour with the jud..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
..... M. A. Aziz, the learned counsel appearing for the plaintiff-respondents failed to support the judgment of the learned Single Judge in the face of the patent inconclusiveness in the findings and the erroneous application of the cited decision by the learned Single Judge. 9. In the result, ther......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
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. ......from any Criminal Court at any stage of the trial to a Martial Law Court for trial of the offence irrespective of the date of commission of the offence and the nature of the offence; (2) whether in view of clause (g) of the proclamation dated August 20, 1975 ousting the jurisdiction of all the Cou..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 ...... judgment had considered the point as to whether the arbitration clause in the charter party could be read as incorporated into the Bill of Lading, whether it is applicable to the contract. After reviewing number of decisions from the English jurisdiction it came to the conclusion that the arbitra..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 ......oceedings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongation of the prosecution would be an abuse of the process of the Court. In this view of the matter there is no substance in the contention that the proceeding should be quashed a..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. ...... under consideration of this Court in Criminal Petition for Special Leave to Appeal No. 78 of 1978. A decision, therefore, on this point is not warranted in this appeal particularly because of the view that has been taken in respect of the other two grounds urged by the learned Counsel. 8. Fin..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....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 ......on on the death of four out of sixteen defendant-appellants whose heirs were not substituted in the appeal. Both the District Judge as well as the learned Judges of the High Court Division are of the view that the Second Miscellaneous Appeal abated as a whole and is under question. 2. Facts for d..Category: Property Law | Date: | Hits: 73
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