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Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
.... 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). Judgment: K. Hossain, C......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 ..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)
....peal 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 1969 respectively......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....llot papers provided sufficient foundation has been laid to come to the finÂding that the recounting is indispensably necÂessary for adjudication of the election petition. ..…………(13) The High Court Division thereÂfore had acted correctly in the exercise of its jurisdiction for ends for...... 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 ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....d. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. 4—22. Civil appeal No. 60 of 1979. (From the Judgment and Order dated 18-7-78 passed by the High Court Division in Civil Revision Case No. 1062 of 1965.) Judgment: Kemaluddin Hossain CJ......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)
....ssistant Attorney-General instructed by Zinnur Ahmed, Advocate-on-Record—For the Respondent. Criminal Appeal No, 26 of 1979 (From the judgment and Order dated the 3rd May, 1977 passed by the High Court of Bangladesh in criminal Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, ......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)
.... The second ResÂpondent was in possession as the brother of Suresh but not as a tenant. He, therefore, decreed the suit for ejectment. On revision by the Respondents, the learned Single Judge of the High Court Division reversed the findÂings of the trial Court, and held that the tenaÂncy was only...... 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)
....ssible within the scope of Order IX, rule 13 of the Code of Civil ProÂcedure……….(4) The last Court of fact held that summons was fraudulently suppressed and not this was not reversed by the High Court Division. Once fraud is established, limitation will run only from the date when the frau......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)
....ar, Advocate, instrÂucted by Shahabuddin Ahmed, Advocate-on-Record—For Respondents Nos. 2, 6-8 & 10-18. Civil Appeal No. 123 of 1978. (From the judgment and Order dated 3.1.78 passed by the High Court Division in Writ Petition No. 10 of 1978). Judgment KM Subhan J.—This appeal by ......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)
....arim, 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: Fazle Munim, J.—This appeal......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)
....tructed by S. M. Huq Advocate-on-Record.—For the Respondent in all the appeals. Civil Appeal No. 120—D to 122—D of 1969. (From the judgment and Order dated 14-10-1969 passed by the Dacca High Court in applications No. 1, 11 and 12 of 1969 under section 63 (2) of the Bengal Agricultural ......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)
....n Bewa and others...Appellants Vs. Gahar Ali Mondol & ors.... Respondents Judgment June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their poss......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)
....Huq, Advocate-on-Record—For the Appellant. Md. Aftab Hossain Advocate-on-Record— For the Respondent. Civil Appeal No. 49 of 1979 (From the judgment and Order dated 17-8-78 passed by the High Court Division in Writ Petition No. 445 of 1976). Judgment: Kemaluddin Hossian, CJ.—In......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)
....ulation, have the authority to try any offence made triable by such Courts. 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......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)
....ondent 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: Badrul Haider Chowdhury, J :—This ......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)
....ct has made apÂplicable all the provisions of the Code of Criminal Procedure in so far 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, judgÂ......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)
....huiyan, 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.—This petition for spe......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)
....miruddin Sircar, Advocate, instructed by S. S. Hoda, Advocate-on-Record—For the Respondent. Civil Appeal No. 165 of 1975. (From the Judgment and Order dated the 5th March, 1976 passed by the High Court Division in Civil Rule No. 612 of 1975). Judgment: Kemaluddin Hossain CJ.—A shor......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)
....d 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 set aside.…â€......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)
....y 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). Judgment: Ruhul Islam, J.—This appea......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)
....torney' General, instructed by B. Hossain Advocate-on Record—For Respondent Nos. 1 & 2. Civil Appeal No. 160 of 1978. (On appeal from the judgment and order dated March 7, 1978 passed by the High Court Division Writ Petition No. 98 of 1977). Judgment: Ruhul Islam, J.—This appeal b......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
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