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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 ......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......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 ......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 ..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 ......€¦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......e 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)
.... 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. ......………..(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......ferance………..(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, S...... 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)
....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 ......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, ......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)
....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 ......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......rarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—For the Appellant. Bazlur Rahman Talukdar, Advocate, instrÂucted by Shahabuddin Ahmed, Advocate-on-Record—For Respondents Nos. 2, 6-8 & 10-18. Civil Appeal No. 123 of 1978. ......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)
....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 ...... 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......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)
....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 ....... 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......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)
....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 ......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......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)
....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 ......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......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)
....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. ......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......nt AtÂtorney Generals, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Serajul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Respondent. Syed Ishtiaq Ahmed, Senior Advocate, Abdus Sobhan, Senior Advocate, Fakir Shahabuddin Ahmed, M.H. Khandkar, Senio......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)
....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 ......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...... to- Njgos (1935) All E R. 863; Anne field, (1971) All E.R., P-394; Thomas & 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 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 ..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 disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......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......se 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)
....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. ......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......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)
....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 ......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......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)
....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 ......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......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)
....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 ......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 ......d 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)
....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 ......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......he resignation………….(9) Lawyers Involved: S.R. Pal, Senior Advocate with Shamsul Hague Siddique, Advocate, instructed by A.W. Main, Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, with Razzaque Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on......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)
....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 ......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......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)
....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 ...... (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......ucted by A. Baset Majumder, Advocate-on-Record— For the Appellant. Muksudur Rahman, Deputy Attorney-GeneÂral, instructed by B. Hossain Advocate-on- Record —For Respondent No. 1. Kamaluddin Ahmed, Advocate—For ResponÂdent No. 2. Criminal Appeal No. 33 of 1978. (Arising out of Cri......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)
....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 ......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...... in absence of findings 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. ......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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