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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. ......rdinance, 1975; and that the Review Board ought to have cancelled the order of removal of respondents from their services in view of the fact that the respondents were discharged from the criminal case. The Writ Petition was contested by the appellants contending, inter alia, that the Writ Petit..Category: Employment/Service Law | Date: | Hits: 92
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. ...... of dismissal should be imposed upon the respondent. The Public Service Commission gave advice that dismissal would be harsh and opined that censure would meet the ends of justice in this case. The Secretary to the Ministry concerned, however, took the view that the officer ''acted..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. ......rt. Leave was granted to consider whether the High Court Division was correct in summary dismissal of the appeal when it was an appeal against the judgment of reversal. 3. Plaintiff's case was that the Khajanchi Bari landlords purchased the disputed land along with other lands from..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. ......mpany Judge and the said appeal was heard by a Division Bench of the High Court which dismissed the appeal. 3. Leave was granted to consider substantial questions of law involved in the case, namely, whether the High Court was wrong in holding that provisions of section 10(1)(vii) was..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. ...... forged. As regards the presumption of service of notice arising from the fact of posting a letter, such presumption is available if there is proof regarding the posting of the letter. In the instant case, the posting of the letter containing the notice under section 106, Transfer of Property Act ..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. ......them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may have occurred. This is the view expressed by Judicial Committee in the case of Farid-un-Nesa vs. Mukhtar Ahmed 52 I. A. 342. In the course of judgment Lord Sumner made ..Category: Property Law | Date: | Hits: 57
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. ......nding of the High Court Division to be correct and justified as against the clear finding of the lower appellate court which was based on due consideration of evidence, facts and circumstances of the case. The Interference with the finding arrived at by the lower appellate court wag not at all calle..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. ......is paternal home at Doshpara at the expense of the Government through corrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-. In the other case the allegation was that the appellant during his tenure as Minister for Commerce and Foreign Tr..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....... Nath and others...................Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration ..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. ......nbsp; Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950, the pre-empto..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. ......Government have authorised it or not. In the absence of an express authorization by the Rules of Business, any authorization by the President might have sufficed but that is, however, not the case here. We are unable to interpret the Rules of Business in such a way as would hamper the smoot..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. ......ve the question for determination is whether the provision for restitution as contained in section 144 of the Code of Civil Procedure, briefly the 'Code', is applicable to an order in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, ..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. ......desh holds office during the pleasure of the President. This pleasure doctrine has a connotation and should be clearly understood. Pleasure doctrine has been explained by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of decisions with re..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......ial Relations Ordinance, a Labour Court is to consist of 2 members to advise the Chairman, one of the members to represent the employers and the other to represent the workman. In the present case, the Labour Court consisted of the Chairman and two other members. The judgment of the Labour ..Category: Labour and Industrial Law | Date: | Hits: 97
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. ......equisition was passed malafide. The facts that have been alleged for malafide are not substantiated. The teachers are qualified teachers and they were appointed in the usual course. Had it been the case that because of the requisition order the wife of the Additional Deputy Commissioner was taken..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....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. ......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. ..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. ......ested by the appellant by submitting a written objection denying the allegations made in the election petition. At the trial 3 witnesses were examined by either side in support of their respective case. The Election Tribunal on consent of the parties and in presence of their respective Advocates..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... 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. ......s as follows: "28.6.78. Perused the telegram just received. As appears from this telegram it has been sent by one Abdul Awal representing himself as complainant in M.R. case No. 40/78 pending in the Court of Mr. H. P. Biswas, Magistrate, 1st class Jhalokati. There ar..Category: Criminal Law | Date: | Hits: 61