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Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....¦â€¦â€¦â€¦..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority ......n, Assistant Attorney GeÂneral, 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)
....onomic zone and territorial waters. We are concerned with the provisions regardÂing territorial waters. This has been given in section 3 which includes 8 sub-sections. SubÂsection (1) provides that Government may by notification in the official Gazette declare the limits of the sea" beyond the lan......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 DiÂvision 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)
....wÂdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Local Government Election (Paurashova), Counting of votes. The Election Tribunal cannot count the ballo......, 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 refusÂing 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, 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 ..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, 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..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)
.... 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..Category: Trust/Waqf Law | Date: | Hits: 239
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 ......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 ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... All proceedings before a Martial Law Court has been protected from being challenged before any court, including the High Court and the Supreme Court…………….(21) The power of the Government to transfer a case, by amendment made by Regulation No. XXXII of 1976, has been given to ...... 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)
....t No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are the owners and the Master of the Vessel. Respondent No. 1 obtained necessary permission, for importation of edible salt from India for the Government of Bangladesh and accordingly entered into a negotiation for importing salt from India. R......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 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..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....of the case from the Magistrate's Court to Martial Law Court on three grounds:— 4. First, as the charge-sheet against the petitioner was submitted to the Magistrate's Court without obtaining the Government's sanction to prosecute him as required unÂder Section 197 of the Code of Criminal Proce......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)
....he Land AcÂquisition Court set up with the Additional District Judge, 3rd Court, Dacca under the Land Acquisition Act, 1894 acted as the ArÂbitrator in the case. The claim was contested by the then Government of East Pakistan conÂtending that the claim was highly inflated; that the Deputy Commiss...... 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 IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ng the writ petition on the ground that it was not maintainable,. Second question for our consideration is if it is found that the Council was a 'local Authority' and the CounÂcil having applied the Government Servants Discipline and Appeal Rules, 1976 to the proceedings drawn up against the appell......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..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....esignation was a valid order. The learned Judges of the High Court Division discharged the Rule earlier issued on the Writ Petition, mainly on the consideration that as per service rules service of a Government employee stood forfeited on submission of resignation and the employee concerned could no......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..Category: Employment/Service Law | Date: | Hits: 77
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