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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 ......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 ...... the provisions of Industrial Relations Ordinance. The second prayer of those respondents for allowing overtime allowance for 4 hours per week for working 48 hours was rejected. 5. The learned Judges of the High Court Division summarily rejected the said Writ petition holding concurrently t..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)
....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 ......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 ......t it was dismissed on the ground of limitation. So, leave was granted to consider the three questions set out above. 5. Learned and lengthy arguments have been advanced from the Bar. The learned Judges of the High Court were not nanimous in their opinion and three learned Judges have given sepa..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....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 ......tructed by Abdur Rab-ll, Advocate-on-Record—For Respondent No. 1. Civil Appeal No. 120 of 1977 from S.A. No. 307 of 1963. Judgment: K. M. Subhan, J.—This appeal by the defendants is on Special leave and is against the judgment of a Single Judge of the High Court Division, passed in a ......ondent No. 1. Civil Appeal No. 120 of 1977 from S.A. No. 307 of 1963. Judgment: K. M. Subhan, J.—This appeal by the defendants is on Special leave and is against the judgment of a Single Judge of the High Court Division, passed in a Second Appeal. The learned Judge set aside the judgmen..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....rt Division acted within the jurisdiction in issuing the writ. 4. The case was originally initiated on a petition of complaint lodged on January 31, 1976 by one Rahima Akhtar Khatun before the Sub-Divisional Magistrate, Kishoreganj alleging, inter alia, that on March 18, 1975 at about 4 P.M. accu......President or Chief Martial Law Administrator- 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......examine the legality or propriety of the proceedings not having been affected, the Writ Petition was maintainable and the petitioner was entitled to get the declaration as prayed for. The learned Judges of the High Court Division in accepting the contention of the petitioner proceeded on the pre..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 ......etermined 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 decided in the negative as to exercise of discretion and the matter ends there.…….(9) 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 ...... Ahmed ………… Petitioner Vs. The State …………………….Respondents Judgment November 19, 1979. The Code of Criminal Procedure, 1898 (Act V of 1898), Section 561A. The Special Powers Act, 1974 (Act XIL of 1974), Section 29. Section 29 of the Special Powers Act has ......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 ..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....ence it becomes a ‘case' within the meaning of the term used throughout the Code of Criminal Procedure. Therefore, the submission of the charge-sheet against the petitioner and other before the Sub-Divisional Magistrate makes it a case. ………(6) Lawyers Involved: Serajul Huq with A. H. ......M. Huq Advocate on Record—For the petitioner. K. A. Bakr, Attorney-General, A. W. Bhuiyan, Assistant Attorney-General, B. Hossain, Advocate-on Record—For the Respondents. Civil Petition for Special Leave to Appeal No. 184 of 1978. (From the Judgment and order passed by the High Court D......pal accused. The petitioner was arrested under a warrant of arrest issued against him by an order of the Sub-Divisional Magistrate on June 10, 1978. Later on he was released on bail by the Sessions Judge, Dacca. In pursuance of the aforesaid notification, the police station case No. 70 dated April..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 ......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 ......Civil Rule No. 612 of 1975). Judgment: Kemaluddin Hossain CJ.—A short question involved in this appeal is whether a Second Miscellaneous Appeal against order of remand passed by the District Judge abated as a whole in the High Court Division on the death of four out of sixteen defendant-app..Category: Property Law | Date: | Hits: 73
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 ......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 ......here is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a power to grant interest. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, awarding interest are set aside.………(7) Cases Referred to- Banglad..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial 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 ......egard to the other contentions of the appellant, namely, that he was not given any opportunity to defend himself; and that the order of dismissal was passed without holding any enquiry, the learned Judges found no substance in this respect also. From the judgment of the High Court Division it..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....y on July 20, 1963 on a temporary basis and his service was regularised by an order dated February 24, 1971 with effect from his date of appointment. He was promoted to the post of Executive Engineer/Divisional Engineer with effect from January 22, 1966 and thereafter on January 22, 1972 he was tr......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 ......tement in his earlier post and the order passed by the Railway Authority treating him as a fresh appointee from the date of resumption of his duties after resignation was a valid order. The learned Judges of the High Court Division discharged the Rule earlier issued on the Writ Petition, mainly on..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....s further alleged that hearing the gun shots, the villagers came and heard about the occurrence. The police started investigation and G.R. case No. 552 of 1973 was initiated in the Court of the Sub-Divisional Magistrates Sunamganj, Sylhet. The Officer-in-Charge of Chhatak Police Station submitte......he Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide whether there are materials for taking ......assir, Cherag Ali, Aroz Ali, Mobarak Ali, Merabali and Mokassar Ali not sent up in C.S. under section 396 B.P.C. read with P.O. 50/72". 3. 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..Category: Criminal Law | Date: | Hits: 48
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....r of the Union Parishad found the appellant guilty of the charges and felt the indispensable necessity of removing him, a resolution to that effect was passed and the resolution was sent to the Sub-Divisional Officer, Sadar North, who is also the Prescribed Authority for his approval. The Prescrib...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ...... without any lawful authority and the order passed by the Prescribed Authority in consequence 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)
....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 ......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 ......mption case on various grounds, inter alia that absence of contiguity between the lands by reason of existence of a public pathway, prayer for pre-emption could not be allowed. The Sub-ordinate Judge accepted the pre-emptor's case of having land contiguous to schedule 1 land only, allowed pr..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......d order dated 28.11.78 passed by the High Court Division in Civil Revision Case No. 891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......were examined and their statements recorded also in his absence and thereby violating the principles of natural justice. 4. From the judgment of the High Court Division it appears that the learned Judges accepted the statement of the appellant that he was not given personal hearing either by th..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......dinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provision..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....r, had such a report before him. It will appear from the orders quoted above, that no such report was before the Sessions Judge. He was exercising revisional jurisdiction against the order of the Sub-Divisional Magistrate who was acting as an ordinary Criminal Court under the Code. Though the char......ain, CJ. Fazle Munim, J K.M. Subhan, J. Siraj Miah................................Appellant. Vs. Bangladesh and another…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 (Act XIV of 1974), section 27. The Sessions Judge can take cognizan.....................Appellant. Vs. Bangladesh and another…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 (Act XIV of 1974), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in w..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ssions Judge had jurisdiction to take cognizance of the offence under section 27 of the Special Powers Act and while acting as a Special Tribunal he was competent to revise an order passed by the Sub-Divisional Magistrate. 2. The facts leading to the question are that the appellant who travelled ......, J K.M. Subhan, J Badrul Haider Chowdhury, J Zahidul Haque.......................... Appellant. Vs. Bangladesh and others.........Respondents Judgment August 20, 1979. The Special Powers Act, 1974 (Act XIV of 1974), section 27. The Code of Criminal Procedure, 1898 (Act......statutes…….(5) Taking of cognizance of a case in the capacity of the Special Tribunal under section 27 of the Act while exercising the Jurisdiction under section 435 of the Code by the Session Judge has been held to be illegal………….(5) Lawyers Involved: Abdul Wadud Khondker, Advoc..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......is purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit No. 84 of 1954 in the Court of Subordinate Judge, Noakhali against the mortgage on the death of Kamini Kumar, Promoda Sundari Devi and Sabitri ..Category: Property Law | Date: | Hits: 58
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