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Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....1968 and from April, 1969, Suresh, the first Respondent took the tenancy in his name, and he having defaulted in payment of rent was liable to ejectment. The second Respondent, brother of Suresh, was added as a party to the suit on the objection of Respondent as he was also residing in the premises ...... 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, desÂcribes 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 ...... 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)
.... 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 ...... 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......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)
....nce 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 ......t Petition No. 10 of 1978. The appellant, the General Manager, BanglÂadesh Cable Shilpa Ltd. is the employer who filed a petition under Article 102 of the ConsÂtitution challenging the judgment and order dated 8th November, 1977, passed by the Labour Court, Khulna in Industrial Relations Ordinance......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)
....llowed 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 ......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:......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)
....Supreme Court Appellate Division (Civil) 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 ................................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 ......, 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......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
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....eal 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 ......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......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)
.... 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. ...... 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 ......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)
....efore, 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 ......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......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)
....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 ...... as they are not inconsistent with those contained in the Act to the proceedings of the SpeÂcial Tribunals. The High Court DiviÂsion has neither the power to hear an apÂpeal from nor to revise any order, judgÂment or sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion......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)
....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. ......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......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)
....isposed 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 ......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......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)
....et 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 ...... 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......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)
....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 ......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 apÂpeal from the judgment and order dated 27-2-1978 passed by the High Court Division in Writ Petition No. 630 of 1977). Judgme......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)
.... 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 ......signed from his service but being repentant sincerely craves for withdrawing his resignation. 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 wit......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)
....r 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 ...... Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operat......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)
....sain, CJ Ruhul Islam, J KM Subhan, J Cherag Ali and others................Appellants. Vs. State and anothers. …………..Respondents Judgment February 26, 1979 The Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable u......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 ......cide whether there are materials for taking cognizance of the offence alleged against the accused. The learned Magistrate should have sent the record of the case to the Special Tribunal for necessary orders, instead of passing order of discharge by himself………(7) Cases Referred to- Abul Ho......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)
.... Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subject m......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 ......bour Court holding that the domestic enquiry was neither held properly nor bonafide and the enquiry report was a perverse one, being not based on any evidence. The High Court furÂther found that the order of dismissal was not warranted in the facts of the case and the order of the Labour Court was ......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
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....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 conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......he absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resolution is of no legal effect…â€...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence 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)
....cation 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 ......ate instructed by Abu Backkar, Advocate-on-Record —For respondents 1 to 5 Ex-parte.—Respondents No. 6, 7(a) to 7(d) & 8-29. Civil Appeal No. 142 of 1977 (On appeal from the judgment and order dated June 29, 1976 passed by the High Court Division in Civil Revision Case No. 481 of 1969).......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 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....9. 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 ....... Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance with law or to......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 ..Category: Tenancy Law | Date: | Hits: 69
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