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Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... Judgment & Order dated 14-8-79 passed by the High Court Division in Criminal Revision No. 291 of 1979). Judgment: Badrul Haider Chowdhury, J. -This appeal is directed against the judgment and order dated 14-8-79 passed by the High Court Division discharging the Rule in Criminal Revision ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......n, Assistant Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For Respondent Nos. 1 & 2. Ex-parte—Respondent No. 2. Civil appeal No. 124 of 1979 (From the judgment and order dated 16-3-79 passed by High Court Division in Writ Petition No. 15 of 1978.) Judgment: ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......vocate, with A.M. Nooruddin Ahmed, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents in all the appeals. Civil Appeal Nos. 82, 83 & 84 of 1979. (From the Judgment and order dated 15-3-79 passed by the High Court Division in writ petition Nos. 673, 674 and 850 of 1977..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......t. Civil Appeal Nos. 3 & 4 of 1978. (Arising out of C. P. Nos. 65 & 66 of 1976) Judgment Shahabuddin Ahmed, J. —These two appeals by special leave arise out of two identical judgments and orders of the High Court Division in Reference Case No. 5 of 1973 and Reference Case No. 11 of 196..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......, Senior Advocate with Zamiruddin Ahmed, K Z Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on Record—For the Respondent No. 2. Civil Appeal No. 88 of 1979. (From the judgment and order dated 2nd February, 1979 passed by the High Court Division m Writ Petition No. 847 of 1978.) ..Category: Election Law | Date: | Hits: 136
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 ......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 ......nd Order dated the 3rd May, 1977 passed by the High Court of Bangladesh in criminal Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, J:-This appeal of special leave calls in question an order of the High Court Division dated May 3, 1977 refusing to quash a criminal proceeding started..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. ......restricted sense, describes the tenancy as a lease. The difference between the two is also patently manifest that no fruitful purpose will be served in discussing the subject any further. 10. In order to grasp the problem before us, we are to see the character of tenancy that created under the ..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 ...... Advocate-on-Record— For the Appellant. Ahmad Sobhan, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 142 of 1978. (From the judgment & order dated 5.9.74 passed by the High Court Division in Civil Revision Case Mo. 787 of 1974). Jud..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 ......t Petition No. 10 of 1978. The appellant, the General Manager, Bangladesh Cable Shilpa Ltd. is the employer who filed a petition under Article 102 of the Constitution challenging the judgment and order dated 8th November, 1977, passed by the Labour Court, Khulna in Industrial Relations Ordinance..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 ......d.—For the Appellant. M. F. Karim, Advocate, Supreme Court instructed by S.M. Huq, Advocate-on-Record— For Respondent No. 2. Civil Appeal No. 85 of 1978. On appeal from the judgment and order dated 12.7.76 passed by the High Court Division in Writ Petition No. 354 of 1976. Judgment:..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)
....akf deed there is no provision which may be treated as uncharitable purpose to consider it as one attracted by the second part of section 4 b) of the Act. It is also not a wakf-al-al-aulad strictly speaking as defined in section 6(11) of the Bengal Wakf Act, 1934 according to which wakf-al-al-aula......, by a single judgment, dismissed applications rely. ing on the earlier majority decision of that Court, in Khurram Khan Panni's case. 3. The appellant obtained special leave to appeal against the orders of the High Court on three questions for reference; (1) Whether on the facts and circumsta..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
.... by the Company. The Appellant's stand is that the respondent is the employee of the Company, namely, M/S. Karim Rubbur Industries Ltd. Then his service must be terminated by the Company. Frankly speaking the order on which the appellant stands cannot be an order made by the Company. Therefore t......n No. 445 of 1976). Judgment: Kemaluddin Hossian, CJ.—In this appeal arising from the grant of leave, the appellant Bangladesh Chemical Industries Corporation and another have challenged the order of the High Court Division in Writ petition allowing the Respondent Sk. Abdur Rashid's claim t..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic 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. ...... Order under any Martial Law Regulations are immune from all attacks before any Court including the Supreme Court. Proclamation (Amendment) Order, 1977 (P.O. I of 1977) Validated all orders passed by the President or Chief Martial Law Administrator- Therefore vires of clause (2) of ..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 ......t No. 1. Not represented— Respondent Nos. 2-7 K.A Bakr, Attorney-General, instructed by B Hoda, Advocate-on-Record—Amicus Curiae. Civil Appeal No. 14 of 1979. (From the judgment and order dated 20-12-77 passed by the High Court in Admiralty Suit No. 2 of 1977.) Judgment: B..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 ...... as they are not inconsistent with those contained in the Act to the proceedings of the Special Tribunals. The High Court Division has neither the power to hear an appeal from nor to revise any order, judgment or sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion..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. ......ney-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 Division in writ petition No. 492) Judgment Fazle Munim CJ.—T..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 ......6 passed by the High Court Division in 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 dea..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 ...... under the Land Acquisition Act, 1894……..(6) There 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 s..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 ......aker, Attorney-General, instructed by S, S. Huda, Advocate-on-Record—Amicus Curiae. Civil Appeal No. 152 of 1978. (Arising out of C.P.S.L.A. No. 223 of 1978 on appeal from the judgment and order dated 27-2-1978 passed by the High Court Division in Writ Petition No. 630 of 1977). Judgme..Category: Employment/Service Law | Date: | Hits: 130
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