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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 ......ner's company, which has also accepted such resignation before he filed an application under section 34 of the Ordinance before the Labour 'Court, his remedy under that Ordinance is barred. The Appeal is allowed. Lawyers Involved: Asrarul Hossain, Senior Advocate, Supreme Court (Md. Khali..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)
....es…………………..(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) 286; Commissioner of Inland Revenue vs. Mutua......d by S.S. Hoda, Advocateon-Record.—For the Appellant in all the appeals. 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 t..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 ......h Habibur Rahman, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellants. M. A. Aziz, Advocate instructed by Abdur Rab-ll, Advocate-on-Record—For Respondent No. 1. Civil Appeal No. 120 of 1977 from S.A. No. 307 of 1963. Judgment: K. M. Subhan, J.—This appeal b..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 ...... 41. Lawyers Involved: Dr. M. Zahir, Advocate Advocate, instructed by Aminul 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 Divisi..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ator. Cases Referred to- Zafur-ul-Ahsau vs. Republic of Pakistan (1960) 12 DLR (SC) 9, PLD (1960) (SC) 113; Garduner vs. Lucas (1878) 3 Appeal case 582 (603) and King vs. Southampton Income Tax Commissioner (1916) 2 KB 249: Attorney-General vs. Theobald 1890 24 QBD 557; Colonial Sugar Refini......uld 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) 113; Garduner vs. Lucas (1878) 3 Appeal case 582 (603) and King vs. Southampton Income Tax Commissioner (1916) 2 KB 249: Attorney-Gen..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 ...... by B. Hossain, Advocate-on-Record—For Respondent 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 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 disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......f with observations aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangladesh 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. ..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. ......n Record—For the petitioner. K. A. Bakr, Attorney-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 p..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 ......ker, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellants. Md. Jamiruddin 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 Hig..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....suring 2.55 acres of land of Mouza Bhola under P.S.Tejgaon, District Dacca of the respondents were requisitioned on January 27, 1969 and its possession was taken over on the same date by the Deputy Commissioner, Dacca under sub-section (1) of section 93A of the Town Improvement Act, 1953. The land......B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. T. H. Khan, Senior Advocate—Amicus Curiae. Civil Appeal No. III of 1978. (From the Judgment and order dated 18th July, 1977 passed by the High Co..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 ...... S. R. Pal, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents. K A. Baker, 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 appeal from the judgment..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 ......t Nos. 3, 4 and 5. Abdus Sobhan, Additional Attorney-General with B B. Roy Chowdhury, Assistant Attorney' 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..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....t the judgment of summary rejection of the Writ petition being No. 986 of 1978 filed by the appellant challenging the Order compulsorily retiring the appellant, Chief Accounts Officer of the Tariff Commissioner, on ground of misconduct. 2. The facts leading to the impugned order are that the pe......nnan..................................Petitioner. Vs. Bangladesh and another…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with ..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 ......the Appellant. Muksudur Rahman, Deputy Attorney-General, instructed by B. Hossain Advocate-on- Record —For Respondent No. 1. Kamaluddin Ahmed, Advocate—For Respondent No. 2. Criminal Appeal No. 33 of 1978. (Arising out of Criminal Petition No. 11 of 1977 on appeal from the judgm..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 ......ucted by Aminul Huq, Advocate-on-Record—For the Appellant. Nazmul Huda, Advocate, instructed by Mozammel Huq Khan, Advocate—For Respondent No. 2. Ex-parte—For Respondent No. 1. Civil Appeal No. 71 of 1979. (From the Judgment dated July 28th. 1977 passed by the High Court passed ..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ...... Advocate-on-Record—For Respondents Nos. 1-6. K. A. Bakr, Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Respondents Nos. 8-11. Ex parte—Respondent No. 7. Civil Appeal No. 89 of 1979. (From the Judgment and Order dated the 16th March, 1979 passed by the Hig..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......or the appellants. Faqeer Shahabuddin Ahmed, Senior Advocate instructed by Abu Backkar, Advocate-on-Record —For respondents 1 to 5 Ex-parte.—Respondents No. 6, 7(a) to 7(d) & 8-29. Civil Appeal No. 142 of 1977 (On appeal from the judgment and order dated June 29, 1976 passed by the ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......Advocate-on-Record—For the Appellant. Md. Abdur Rahim, Advocate, instructed by Md. Aftab . Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 15 of 1978. (From the Judgment and order dated 28.11.78 passed by the High Court Divi..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......(AD) 33. Lawyers Involved: Rafique-ul-Huq. Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Divis..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ef reference to sub-sections (5) and (6). Sub-section (5) enjoins on the Administrator, on receiving an application for enrolment of a Waqf property, to send a copy of the application to the Deputy Commissioner of the District where the Property is situated to ascertain whether the property soug....... (16) Lawyers Involved: Ahmedur Rahman Khan, Advocate, instructed by S.S. Hoda, Advocate-on-Record—For the Appellants. Aminul Huq, Advocate-on Record—For the Respondent No. 3. Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civ..Category: Trust/Waqf Law | Date: | Hits: 196
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