Search Options

Judgment Advanced Search

Displaying 7421-7440 of 8244 results.

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 ......sition of Tenancy Act, 1950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutr..

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 ......previous trial he disclaimed it and the Court also held that it was not recovered from his possession, Because of this finding the subsequent prose­cution on this issue is barred…………..(12) Cases Referred to- AIR 1939 Cal. 65,. (1963) All ER 516, (1950) AC 458, AIR 1965 (SC) 87, 6 DLR 6..

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. ...... not become trespassers, be­cause neither their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of tenant by sufferance………..(14) Case Referred to- Gouribala Pal Vs. Kunjalal Saha (1960) 12 DLR 37, Anwarali Bepari vs. Jamini La..

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 ......ate, 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). Judgment: Badrul Haider Chowdhury, J.—This appeal by special leave ..

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 ......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 Case No. 35 of 1977. 2. In the Writ Petition it was contended by the appellant that it has its f..

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 ......­tion under section 34, his application was not maintainable. In the former of the two cases cited by the learned counsel of the petitioner which is more commonly known as the Hotel Intercontinental Case, the High Court Divi­sion, after considering elaborate arguments advanced from the Bar both fo..

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)

....y order as to costs. ORDER OF THE COURT According to the majority view the app­eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......e waqf wholly religious and charitable purposes…………………..(45) Waqf-al-al-awlad is entitled to the benefit of tax exemption as provided in the first part of clause (b) of section 4. Cases Referred to- Khurram Khan Panni vs. Commissioner of Agricultural Income-tax, 17 DLR (1S65) ..

Category: Trust/Waqf Law | Date: | Hits: 239

Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)

....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 ......d ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Referred to- Muralidhar vs. Rupendra Nath , 56 C.W.N. 260. Lawyers Involved: Abdus Sal..

Category: Property Law | Date: | Hits: 56

Bangladesh Che­mical 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 ...... itself of which he was an employee but his termination of ad-hoc appointment as administrator by the appellant shall not render his service terminated by Karim Rubbers Industries Ltd………..(4) Case Referred to- Bangladesh Small Industries Corporation vs. Mahbub Hossain 29 DLR (SC) 41. L..

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. ......to the election of the President shall remain suspended, (vii) Part VI A of the Constitution stood omitted (vii) This Proclamation could be amended by Order of the Chief Martial Law Administrator. Cases Referred to- Zafur-ul-Ahsau vs. Republic of Pakistan (1960) 12 DLR (SC) 9, PLD (1960) (SC) ..

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 ......er the jurisdiction under section 34 of the Arbitration Act is to be exercised. The learned Admiralty Judge decided in the negative as to exercise of discretion and the matter ends there.…….(9) Cases Referred to- Njgos (1935) All E R. 863; Anne field, (1971) All E.R., P-394; Thomas & Co. L..

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 ......tter there is no subs­tance in the contention that the proceeding should be quashed at this stage........ per K.M. Subhan, J In the result the appeal is disposed of with observations aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangla­desh vs. Tan Kho..

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. ......or special leave to appeal is against the judgment of a Bench of the High Court Division rejec­ting summarily Writ Petition No. 492 of 1978. 2. The petitioner who is an accused in Motijheel P. S. Case No. 70 of 1978 filed the aforesaid writ petition challenging the legality of the order of the C..

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 ......on remand to the Court of appeal below to dispose 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)

....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 ......tion 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.………(7) Cases Referred to- Bangladesh vs. Abdul Mannan (1977) 29 DLR (S.C.) 17; Bangladesh Vs. Abdul Mann..

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 ......er as to cost. The order of the High Court Division 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)

....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 ......e judgment of the High Court Division is set aside 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)

....in the judgment of the High Court Division warranting in­terference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......f the Constitution. There is nothing illegal in the judgment of the High Court Division warranting in­terference. 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)

....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 ......lleged 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 Hossain Sana Vs, Sawalal Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962..

Category: Criminal Law | Date: | Hits: 48

Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)

....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 ......sion setting aside the judgment of the Labour Tribunal 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