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Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......der Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tribunal on setting aside the order of acquittal passed by the Special Tribunal in Special Powers Act Case No. 22 of 1977, and sentencing the appellants to suffer...... 258 ; PLD 1970 SC 335. In the case of Dr. Hori Ram Singh the question involved was whether an appeal from an order of the High Court directing re-hearing of a criminal appeal by the Sessions Judge is judgment or 6n»l order within the meaning of section 205(1) of the Governm..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....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. ......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. ......the respondents from service under President's Order No. 9 of 1972 without any lawful authority and of no legal effect. 5. The judgment under appeal shows that according to the learned Judges when the respondents were exonerated from the charges of criminal offence by a competen..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
...... by the assesses is a pare question of fact, and no question of law arises from the judgment of the Appellate Tribunal and no reference lay under section 66 (1) of the Income-tax Act, but the learned Judges without examining whether the question raised by the assessee for decision is a question of l..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....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. ......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. ......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
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... by the trial Court but on appeal the lower appellate court dismissed the suit on reversing the judgment and decree of the trial Court. His second Appeal was dismissed summarily by a learned Single Judge of the High Court. Leave was granted to consider whether the High Court Division was ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......t demand to the Official Liquidator, who rejected the demand on the ground that it was time barred. Thereafter the Appellate Commissioner of Income made an application before Company Judge for direction on the Official Liquidator to make provision for payment of the demand in respe..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......m the judgment of a Bench of the High Court Division passed in First Appeal No. 122 of 1976 on June 25, 1981. 2. The appellant instituted Title Suit No. 357 of 1974 in the 1st Court of Subordinate Judge, Dacca for ejectment of the respondent from the suit premises on the ground of default and b..Category: Tenancy Law | Date: | Hits: 67
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. ...... Ruhul Islam J.—This appeal by special leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreein..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:
......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:
......ent and Decree dated February 28, 1979 passed by the High Court Division in Second Appeal No. 160 of 1979.)
Judgment
Fazle Munim J.—This appeal arises out of the judgment of a Single Judge of the High Court Division in Second Appeal No. 160 of 1972.
2. The plaintiff-responden..
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. ......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. ......plaintiff was not entitled to any decree for redemption or reconveyance. The trial court held that the transaction was an out and out sale and dismissed the suit but on appeal the learned Subordinate Judge reversed that court's finding and found the transaction to be a complete usufructuary mortgage..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....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. ...... 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 Martial Law Court No. VIII in Case No. 1 of 1977 and Case No. 3 of 1977. Both the appeals we......ical activity, by keeping him behind the bars. As salient Instances of such amendments the following may be mentioned- (a) Constitution of Special Martial Law Court originally was with a Sessions Judge as Chairman. This was changed in such a way as to enable constitution of each Court with an of..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220....... the document, in question, was registered on 21st June, 1976. So the petition was premature and in that view of the matter dismissed the pre-emption case. On revision being taken, the learned Single Judge following the decision in the case of Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) ..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....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. ......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. ......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 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. ......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. ......amentary Affairs, Government of Bangladesh………………………………………Appellant. Vs. Hon'ble Judge, Prize Court, High Court Division, Supreme Court Building, Dacca ………&hel..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. ......he order for pre-emption has been set aside. The trial court rejected the application for restitution whereupon an appeal, being Misc. Appeal No. 154 of 1978, was preferred before the District Judge. The learned Subordinate Judge who heard the appeal, took the view that provision for resti&..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......rs up to the rank of Inspector of Police are considered as officers of the subordinate rank for classification, and they are governed by Police Act of 1861, Police Regulations, and Police Officers (Special Provisions Ordinance), 1976 (Ordinance LXXXIV of 1976) hereinafter referred to as Police O...... means judgment seat; court of justice or arbitration; a body appointed to adjudicate in some matters. In common parlance dictionary meaning of the word 'tribunal' is 'court of justice' or 'seat of a Judge’; and the word Judge means authority by which contested matters are decided between the riva..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. ...... 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. ......e School continued till her death. After the death of her husband was claiming half of the entire, properties which led the Respondent No. 1 to file the partition suit in the Court of the First Sub-Judge, Dacca being Suit No. 113 of 1969. From here the real story begins. After liberation, Rajbal..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....ebruary 1980 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the prescribed Authority for holding a special meeting to ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......rman Joregacha Union Parishad with effect from February 1,1980 and the seat of the Chairman, Joregacha Union Parishad has become vacant from the said date.” 6.The learned Judges of the High Court Division found that the prescribed manner as mentioned in section 13 of th..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... 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. ...... 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. ......t that decision a writ petition under Article 102 of the Constitution was filed by the appellant. The writ petition was summarily rejected by a Division Bench by a pretty lengthy order, the learned Judges elaborately discussed the case as found by the Tribunal and the findings arrived a..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... high handedness against Mr. H. P. Biswas, Magistrate, 1st class. Let a criminal misc. case be started on this Telegram and let a copy of this Telegram be forwarded to the learned Sub-Divisional Magistrate, Jhalokati, asking him to send the record of the above mentioned M.R. case a...... 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. ......t and order passed by the High Court Division in Criminal Revision No. 539 of 1978 refusing quashment of the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of the Sessions Judge, Bakerganj. 2. One Abdul Awal, respondent No. 2 allegedly sent a telegram to the Sessi..Category: Criminal Law | Date: | Hits: 61
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