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Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....dditional Attorney General, Matiur Rahman, Asst. Attorney-General, instructed by A Rob-I, Advocate-on-Record.—For the Respondent. Criminal appeal No. 23 of 1979. (From the Judgment & Order dated 14-7-77 passed by the High Court in Criminal Revision Case No. 189 of 1977.) Judgment: ......wers Act. Lower Court record is detained for taking cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully covered by our decision in the case of Seraj Mia Vs. Bangladesh (C. A. 107 of 1977) decided on April 25, 1978. In t..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... Attorney-General, instructed by B. Hossain, Advocate-on-Record—For Respondent No. 6. Not Represented—For Respondent Nos. 3-5. Civil Appeal No. 148 of 1979. (From the Judgment and order dated the 15th October, 1979 passed by the High Court Division in Civil Revision No. 1195 of 1979)...... of Bangladesh (Civil Petition for Special Leave to Appeal No. 144 of 1976) this Court had expressed the view that the status quo had the effect of injunction. The learned Counsel submitted that the decision of the learned Munsif was erroneous and the learned District Judge had rightly stayed that ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ddl. Attorney-General, with Matiur Rahman, Asst. Attorney-General, instructed by B. Hossain, Advocate-on-Record— For the Respondents. Civil Appeal No. 9 of 1980. (From the Judgment and Order dated 13.12.1979 passed by the High Court Division in Writ Petition No. 296 of 1978) Judgment: ......November 27, 1979. Decision of Martial Law Courts in Martial Law period is not challengeable except where there is want of jurisdiction or coram non judice. “Purported exercise” As wrong decision by a Tribunal while acting within its jurisdiction stands but when an act is manifestly wro..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....rd—For the Appellant. Rafiqur Rahman Senior Advocate, instructed by Zinmur Ahmed, Advocate-on-Record—For the Respondent. Civil Appeal No. 119 of 1979. (From the Judgment & order dated 28.7.77 passed by the High Court in Civil Revision Case No. 379 of 1977). Judgment Kemal...... of the first instance, then this power is not available. This view gets support from the case of Gopal Pario vs. Searna Bewa 34 C.W.N. 707 of the Calcutta High Court. As against this view, there are decisions of other High Courts of the subcontinent which have taken a contrary view. We may mentio..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
.... Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Respondent. Criminal appeal No. 31 of 1979. (From the Judgment & Order dated 14-8-79 passed by the High Court Division in Criminal Revision No. 291 of 1979). Judgment: ...... It was contended that cognizance was taken by a Special Magistrate and not by a Special Tribunal and therefore the proceedings are liable to be quashed. Reliance was placed on the authority of the decision in the case of Anwar Ahmed Vs. State in Criminal Appeal Nos. 29 and 30 of 1977. The High Co..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....istant Attorney General, 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: K. Ho......ecommendation made by the Screening Board was in violation of the principles of natural justice. 5. It will also not be correct to say that the High Court Division failed to correctly follow the decisions of this Division interpreting Article 7 of the President's Order No. 67 of 1972 and Rule 7..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
...., 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). ......g the all important question of the limit of the territorial waters of Bangladesh. Of the four grounds set out above, ground Nos. (ii) (iv) are interdependent and virtually dependent upon the decision as to the true construction of the ''territorial waters of Bangladesh" and on the deter..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)
....Appellant is the Income Tax Commissioner and Respondent is the assessee representating a Wakf Estate. Reference Case No. 11 of 1969 was disposed of by the High Court Division by an elaborate Judgment dated 6.2.76. and on the basis of this judgment the other Reference Case was disposed of on 12-2-76.......e learned Judges of the High Court Division after hearing the parties answered the question in the negative and did not think it necessary to answer the other question. Being dissatisfied with this decision of the High Court Division the Income Tax Commissioner prayed for and obtained special le..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....or 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.) Judg......ese 14 polling centres. Finally this process recounting showed that the Respondent 2, Abdul Jalil, had a lead of 20 votes and accordingly it declared him elected as Chairman after setting aside the decision of the Election Tribunal. 7. Leave was granted on the ground that the High Court Divis..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....rd...For the Appellant. Md. 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.) Judgmen......of limitation as to the nature of transfer in the section any transfer which is a transfer in the eye of law subject to the restriction laid down in the section is preemption, In this regard the decision of Chandra Kumar Maladas vs. Abdul Motaleb (1967) 19 DLR (SC) 36 may be cited where an auc..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ty Attorney-General, A.L. Bhowmik, Assistant 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)...... 9. Mr. S. R. Pal has relied on (1950) A. C. 458 AIR 1965 SC) 87, 6 DLR 634, AIR 1956'(SC). 415, and PLD 1963 (Da), 595, The Privy Council case, that is the first mentioned one, is the basis of the decisions in the other cases as referred to and as such this should be discussed first. It is "Samba..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. ......uestion will not take as long, we propose to deal with it first. It is now well settled that a revision under section 25 of the Small Cause Courts Act lies if there is an error of law involved in the decision of the trial Court. A revision is available with a wider scope than that under section 115 ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....….(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 fraud is detected. If fraud is proved then there is no question of limitation………......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)
....nt. Bazlur Rahman Talukdar, Advocate, instructed 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 ......he Ordinance competent. 7. Mr. Asrarul Hossain the learned Counsel appearing on behalf of the appellant has submitted that the second ground on which leave has been granted will be redundant for decision if he does not succeed in the first ground for which leave has been granted. Mr. Asrarul Ho..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)
....s. Md. Fazlul Karim, Advocate, instructed 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 secti......o reduced the quantum of the assessed for each year. Not being satisfied with this, the respondent preferred three appeals before the Agricultural Income Tax Appellate Tribunal. Relying on a majority-decision of the High Court of East Pakistan In the case of Khurram Khan Panni vs. Commissioner of ..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 ...... wrongful cutting of paddy and on the finding by lower appellate Court that defendant appellants were in possession and they grew the paddy, the suit must fail. Mr. Salam further submitted that the decision upon which reliance was placed by the learned Single Judge has no application to the facts ..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....22) 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 clau......d before the Chief Martial Law Administrator or a Zonal Martial Law Administrator: Clause (9) of Regulation No. 4 is as follows: "(9) Save as provided in this Regulation no order, judgment, decision or sentence of a Martial Law Court shall be called in question in any manner whatsoever..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....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: Badrul ......idered the point as to whether the arbitration clause in the charter party could be read as incorporated into the Bill of Lading, whether it is applicable to the contract. After reviewing number of decisions from the English jurisdiction it came to the conclusion that the arbitration clause in the..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....torney-General with Matiur Rahman, Assistant Attorney-General, instructed by B. Hossain, Advocate-on Record- For the Respondent. Criminal Appeal No. 2 of the 1979. (From the judgment and order dated 11-11-75 passed by the High Court Division passed in Criminal Revision No. 665 of 1975). ......ore the Special Tribunal under the Special Powers Act, 1974. 3. This question came before this Court in the case of Bangladesh vs. Shahjahan Siraj in Criminal Appeal Nos. 9 and 10 of 1978. In that decision the majority view of this Court considered the point and observed: "It is not however cl..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
.... an accused in Motijheel P. S. Case No. 70 of 1978 filed the aforesaid writ petition challenging the legality of the order of the Chief Martial Law Administrator published in Gazette Extra Ordinary date May 24, 1978 transferring Motijheel Police Station Case No. 70 under section 302/20/193/197 B.P......her the offence was committed after the promulgation of Martial Law. A similar point is already under consideration of this Court in Criminal Petition for Special Leave to Appeal No. 78 of 1978. A decision, therefore, on this point is not warranted in this appeal particularly because of the view ..Category: Criminal Law | Date: | Hits: 58
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