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Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....mptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent......DLR (AD) (1980) 183 ......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 ......ct XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C...Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....€¦â€¦..(12) Cases Referred to- AIR 1939 Cal. 65,. (1963) All ER 516, (1950) AC 458, AIR 1965 (SC) 87, 6 DLR 634, AIR (1956) S.C. 415, PLD 1963 Dac. 595. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Moksudur Rahman, De......963 (Da), 595, The Privy Council case, that is the first menÂtioned one, is the basis of the decisions in the other cases as referred to and as such this should be discussed first. It is "Sambasivam Vs. Public Prosecutor, Federation of Malaya'. Facts in brief of that case are that Sambasivam, appel......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 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....………..(14) Case Referred to- Gouribala Pal Vs. Kunjalal Saha (1960) 12 DLR 37, Anwarali Bepari vs. Jamini Lal Ray Chowdhury 43 CWN 197. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by A Rob II, Advocate-on-Record— For the Appellants. Abdus Salam, Senior A......0) 170. ...... 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. ...... 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. ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....aud is established, limitation will run only from the date when the fraud is detected. If fraud is proved then there is no question of limitation………(4) Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record— For the Appellant. Ahmad Sobhan, Senior Advocate, instructed by S. M. Huq, ......ported 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 ......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 ..Category: Property Law | Date: | Hits: 69
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....ctory, beÂcome a worker within the definition. The determiÂnation of the status of "workers" is dependent upon the nature of their duty…………(7) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—For th......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 ......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
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
.... he filed an application under secÂtion 34 of the Ordinance before the Labour 'Court, his remedy under that Ordinance is barred. The Appeal is allowed. Lawyers Involved: Asrarul Hossain, Senior Advocate, Supreme Court (Md. Khalilur Rahman, Advocate, SupÂreme Court with him) instructed by Amin......0) 162 ......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 ......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 ..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)
..... Province of East PakiÂstan PLD (1958) (Dac) 200. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-GeneÂral, with B.B. Roy Chowdhury, Asst. AttorÂney-General, instructed by S.S. Hoda, Advocateon-Record.—For the Appellant in all the appeals. Md. Fazlul Karim, Advocate, instructed...... Present: Kemaluddin Hossain, C.J., Fazle Munim, J. Ruhul Islam J. Director of Taxation & Excise, Government of East Pakistan (now Bangladesh)…....Appellant in all the appeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judg......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 ......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
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....money by way of damages for cutting away of paddy does not lie against the defendants. Case Referred to- Muralidhar vs. Rupendra Nath , 56 C.W.N. 260. Lawyers Involved: Abdus Salam, Senior Advocate, with Habibur Rahman, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the App......is Case is also Reported in: 32 DLR (AD) (1980) 136 ......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 ......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
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ervice terminated by Karim Rubbers Industries Ltd………..(4) Case Referred to- Bangladesh Small Industries Corporation vs. Mahbub Hossain 29 DLR (SC) 41. Lawyers Involved: Dr. M. Zahir, Advocate Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellant. Md. Aftab Ho...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ K.M Subhan, J Badrul Haider Chowdhury, J Bangladesh CheÂmical Industries Corporation and anr............ Appellants Vs. Sk. Abdur Rashid ...........................................................Respondent Jud......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 ......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 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ugar Refining Co. Vs. Irving (1905) AC 369(372). Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan, B. B. Roy Chowdhury, Assistant AtÂtorney Generals, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Serajul Huq, Advocate, instructed by B.C. Panday, Advocat......late Division (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J State, People's ReÂpublic of Bangladesh and others.............Appellants. Vs. Haji Joynal Abedin………………………..Respondents Judgment December 20, 1978. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....omas & Co. Ltd. vs. Portsea Steamship Co. Ltd. (1912) A.C. 1; AIR 1963 (SC) 1044. Lawyers Involved: Faqueer Shahabuddin Ahmed, Senior AdvoÂcate, with K. Z. Alam, A. W. Bhuiyan, Shah Abu Nayeem Advocates, instructed by Abu Backkar, Advocate-on-Record—For the AppelÂlants. Syed Ishtiaq Ahm......te Division (Civil) Present: Kemaluddin Hossain, CJ Badrul Haider Chowdhury, J. K.M. Subhan, J C.J, Ruhul Islam, J, M.V. Aghia Thalassini and others.............Appellants. Vs. Abu Bakr Siddique and others............. Respondents Judgment April 4, 1979. The A......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 ..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....169; Nuru Bepari vs. State,31 DLR 341; BanglaÂdesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Abdus Sobhan, Addition......D) (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 ......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 ..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....bmission 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. Khandker and S. M. Huq Advocate on Record—For the petitioner. K. A. Bakr, Attorney-General, A. W. Bhuiyan, Assistant A......upreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. R......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. ......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. ..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....o conflicting decrees coming into exisÂtence arise, this is a fit case where provisions of rules 4 and 33 of Order 41 of the Code will apply……….(7) Lawyers Involved: M.H. Khondker, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellants. Md. Jamiruddin Sircar...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Hupen Majhi @ Hapan Tudu & ors………….....Appellant. Vs. Munshi Abul Khair ……....Respondent Judgment April 7, 1979. The Code of Civil Pr......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 ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....9 DLR (S.C.) 17; Bangladesh Vs. Abdul Mannan 29 DLR (SC) 17. Lawyers Involved: Abdus Sobhan, Addl. Attorney-General, with B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. T. H. Khan, Senior Advocat...... 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 ......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 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ions embodied in section 26 of the Bengal Tenancy Act and those in section 96 of the State Acquisition and Tenancy Act are similar in nature…………………(4) Lawyers Involved: K. S. Nabi, Advocate instructed by B. C. Panday, Advocate-on-Record—For the AppelÂlant, S. R. Pal, Senior ......late Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and IndusÂtrial Research and others ............Respondents......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)
....ignation. In such a case the competent authority cannot be aid to be without any power to rescind or recall his order accepting the resignation………….(9) Lawyers Involved: S.R. Pal, Senior Advocate with Shamsul Hague Siddique, Advocate, instructed by A.W. Main, Advocate-on-Record—For th......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Banglade......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 ......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 ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....he period from his appointÂment to the date of suspension and thus such order has not affected any statutory right of the appellant. The appeal is dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the AppelÂlant. Ex-parte—For the......rt Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 197......in the judgment of the High Court Division warranting inÂterference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......in the judgment of the High Court Division warranting inÂterference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
.... (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962 (SC) 242; Akhtar Hossain Khan and ors. Vs. State, 29 DLR. (S C) 101; Abdur Rahman versus-State, 29 D.L.R. (S.C.) 256. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. Muksudur Rahma......DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....gs 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, Advocate-on-Record—For the Appellant. Nazmul Huda, Advocate...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K.M. Subhan, J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. ......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
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