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M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... his favour by virtue of the right accrued in his favour and he is entitled to injunction…………..(8) No injunction can be granted to interfere with the public duties of any Department of the Government or, for that matter to prevent the breach of a conÂtract the performance of which would ......were not entitled to any relief by way of interlocutory injunction and as such the order of stay is not sustainable in law, Mr. Ahmed submitted that in the case of Mr. Nurul Islam Vs. GoÂvernment of Bangladesh (Civil Petition for Special Leave to Appeal No. 144 of 1976) this Court had expressed the......rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proÂprietor Hossain AhÂmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac......Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/s. Hossain Ahmed represented by its proÂprietor Hossain AhÂmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. …..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement Apri......(Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (ConÂtrol, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a......) 216 ..Category: Constitutional Law | Date: | Hits: 157
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 disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abu Taleb Mridha... Appellant. Vs. State...Respondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special MagisÂ......pondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special MagisÂtrate will try the cases of the Scheduled Offences and only in cases of offence under Article 2(4) (f) and the offences committed in the connection wit......09 ..Category: Criminal Law | Date: | Hits: 57
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 ......e the witnesses. He further submitted that Article 7 of the President's Order No. 67 of 1972 and Rule 7 of the Rules framed there-under sufficiently indicate, as held by this Division in the case of Bangladesh vs. Md. Abu Taker 31 DLR (AD) 33, that Article 7 of the President's Order No. 67 of 1972 ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, SuÂpreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-......e Court Appellate Division (Civil) Present: Kemaluddin Hossain, C. J., Ruhul Islam, J. Badrul Haider Chowdhury, J. Abdur Rashid...... ………………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents ..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......DLR (AD) (1980) 194 ......980) 194 ...... Present: Kemaluddin Hossain, CJ Fazle Munim, J Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Bangladesh and ors................... Appellants in all the appeals Vs. Somboon Asavaham ...............Respondent (in C. A. 82 of 1979) Lee Mongkolnimite.........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 ......itself earmarked it for charitable or religious purposes. In support of this contention Mr. Huq has referred to the case "The Director of TaxaÂtion Excise Vs. Mehdi All Khan Panni reported in the Bangladesh Tax Decisions, 1979 (VII), 90. One of questions in that case was whether the expressions ......is exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amount o......Present: Kemaluddin Hossain, CJ F. K. M. A. Munim, J Ruhul Islam, J Shahabuddin Ahmed, J Commissioner of Income Tax, (Now Commissioner of Taxes), Chittagong...…….. Appellant. Vs. Saifuddin Ahmed Siddiqui, Mutwalli Waqf Estate of Reazuddin Ahmed Siddiqui, Ctg. ...Responden..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...... 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 ......Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider ChowÂdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Loc...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider ChowÂdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment ..Category: Election Law | Date: | Hits: 136
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 ......………..Appellant. Vs State…………………….Respondent Judgment March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this...... March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appe......963 (Da), 595, The Privy Council case, that is the first menÂtioned one, is the basis of the decisions in the other cases as referred to and as such this should be discussed first. It is "Sambasivam Vs. Public Prosecutor, Federation of Malaya'. Facts in brief of that case are that Sambasivam, appel..Category: Criminal Law | Date: | Hits: 42
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 ......ase is also Reported in: 32 DLR (AD) (1980) 165 ...... (Civil) Present: Kemaluddin Hossain CJ K. M. Subhan J Badrul Haider Chowdhury J General Manager, Bangladesh Cable Shilpa Ltd........ Appellant. Vs Chairman, Khulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV......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
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 ......138 ......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a conÂtroversy often arises and learn...... 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 ...................................Respondent in all the appeals Judg..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 ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......LR (AD) (1980) 133 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ K.M Subhan, J Badrul Haider Chowdhury, J Bangladesh CheÂmical Industries Corporation and anr............ Appellants Vs. Sk. Abdur Rashid ...........................................................Respondent Jud..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 ......n: 32 DLR (AD) (1980) 110. ......AD) (1980) 110. ......late Division (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J State, People's ReÂpublic of Bangladesh and others.............Appellants. Vs. Haji Joynal Abedin………………………..Respondents Judgment December 20, 1978. ..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...... 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. Respondent No. ......) (1980) 107 ......te Division (Civil) Present: Kemaluddin Hossain, CJ Badrul Haider Chowdhury, J. K.M. Subhan, J C.J, Ruhul Islam, J, M.V. Aghia Thalassini and others.............Appellants. Vs. Abu Bakr Siddique and others............. Respondents Judgment April 4, 1979. The A..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 ...... 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; BanglaÂdesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem......tions aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; BanglaÂdesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-......D) (1980) 103 ..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......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. ...... (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petition is dismissed. ......upreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. R..Category: Criminal Law | Date: | Hits: 58
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...... is also Reported in: 32 DLR (AD) (1980) 92 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X...... 92 ..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......vision (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and IndusÂtrial Research and others ............Respondents Jud......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and IndusÂtrial Research and others ............Respondents Judgment April 26, 1979. The ......late Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and IndusÂtrial Research and others ............Respondents..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......ourt Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Serv......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Banglade..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....adrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. 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 compul......ppellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 1979. T......vision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 1979. The Governme......rt Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 197..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 ......n Hossain, 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 tria...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
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