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Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....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 ......espondent (in C. A. 82 of 1979) Lee Mongkolnimite...............Respondent (in C. A. 83 of 1979) Thai Ware Industry...............Respondent (in C.A. 84 of 1979) Judgment Dec 4. 1979. Lawyers Involved: K. A. Bakr, Attorney-General with Sultan Ahmed, Deputy Attorney-General, and A...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 ......n set apart by the Mutwalli for being expended in the coming year in view of the specific allotment of the 2/3 rd of the income in the wakf deed for religious or charitable purposes…………(7) Lawyers Involved: Mozammel Hoque Bhuiyan, Advocate insÂtructed by M. R. Khan, Advocate-on-Record..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....ns and this and this cannot be termed as adopting double" standard. 10. As has been noticed, Abdul Jalil, ResÂpondent No. 2 was declared, elected by the Presiding Officer by a margin of 61 votes. Rule, 37(4) of the Pourashava Election Rules, 1977 provides for counting. As has been noticed no obj......ce in counting and rechecking of the ballot papers the process of which was started by the Election Tribunal itself solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate with Serajul Huq, Advocate, instructed by ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....ural land, it is not pre-emptible. The Munsif dismissed the pre-emption case but the Court of appeal below allowed the pre-emption case. The High Court Division in Civil Revision discharged the Rule by holding that the lower appellate Court had not committed any illegaÂlity or material irregu......fic performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, ..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 ......Âcution 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 634, AIR (1956) S.C. 415, PLD 1963 Dac. 595. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by B. C. Panday, Advocate-on-Record—Fo..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....nts. Abdus Salam, Senior Advocate, instructed by B.C. Pandey, Advocate-on-Record—For the Respondents. S.R. Pal, Advocate- amicus curiae Civil Appeal No. 108 of 1977 (Arising from Civil Rule No. 419 of 1974). Judgment Kemaluddin Hossain CJ.—The this appeal a question of law of......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 Lal Ray Chowdhury 43 CWN 197. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by A Rob II, Advocate-on-Recor..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 ......rsed 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………(4) Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record— For the Appellant. Ahmad Sobhan, Se..Category: Property Law | Date: | Hits: 69
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 appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ad For application of section 4 (b) to a valid Waqf-al-al-awlad created by a Muslim, it should be considered on the basic principle of the institution of waqf as contemplated under the Muslim Law. ………………….(36) Waqf-Waqf of the present case is a public waqf under section 2 (1..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....d by the High Court that the termination of ad hoc appointment of the respondent as Administrator was valid but his substantive appointment 0s Chief Accountant was not affected by the said order. The Rule was discharged in the said writ petition but no further appeal was filed. ThereÂafter, the res......he 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. Lawyers Involved: Dr. M. Zahir, Advocate Advocate, instructed by Aminul Huq, Advocate-on-Recordâ€..Category: Employment/Service Law | Date: | Hits: 70
State, People's ReÂpublic 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. ...... Joynal Abedin………………………..Respondents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot ..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 disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......er ends there.…….(9) Cases Referred to- Njgos (1935) All E R. 863; Anne field, (1971) All E.R., P-394; Thomas & Co. Ltd. vs. Portsea Steamship Co. Ltd. (1912) A.C. 1; AIR 1963 (SC) 1044. Lawyers Involved: Faqueer Shahabuddin Ahmed, Senior AdvoÂcate, with K. Z. Alam, A. W. Bhuiyan, S..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....nt: Badrul Haider Chowdhury, J.—This appeal by special leave is directed against an order of the High Court Division in Criminal Revision No. 665 of 1975. The High Court Division discharged the Rule holding that it has no jurisdiction for quashing the crimiÂnal proceeding pending before the S......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-on-Record—For the..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. ......llate 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. Result: The Petitio..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....structed 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 short question involved in this a......its conclusion, and since no question of two conflicting decrees coming into exisÂtence arise, this is a fit case where provisions of rules 4 and 33 of Order 41 of the Code will apply……….(7) Lawyers Involved: M.H. Khondker, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—F..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 ......strict 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 Mannan 29 DLR (SC) 17. Lawyers Involved: Abdus Sobhan, Addl. Attorney-General, with B. B. Roy Chowdhury, Asstt. Attorney..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ainst him. The appellant subÂmitted that the dismissal order without any notice served upon him as to the proposed order of dismissal even in connection with the second proceeding was illegal. 3. Rule was issued by the High Court Division on the writ petition but after hearing the parties the sa...... contract is pre-emptible. Provisions embodied in section 26 of the Bengal Tenancy Act and those in section 96 of the State Acquisition and Tenancy Act are similar in nature…………………(4) Lawyers Involved: K. S. Nabi, Advocate instructed by B. C. Panday, Advocate-on-Record—For the A..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....han, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, Rule 147. In the absence of a clear bar against reinstatement the competent authority cann......ely craves for withdrawing his resignation. In such a case the competent authority cannot be aid to be without any power to rescind or recall his order accepting the resignation………….(9) Lawyers Involved: S.R. Pal, Senior Advocate with Shamsul Hague Siddique, Advocate, instructed by ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
..................................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 compulsory retirement even if passed with immediat......admissible under this rule, only for the period from his appointÂment to the date of suspension and thus such order has not affected any statutory right of the appellant. The appeal is dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For ..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er the appellants moved the Sessions Judge, Sylhet under Section 438/ 435 of the Code of Criminal Procedure which was rejected on 31.7.75. They moved the High Court in the revisional jurisdiction and Rule was issued in Revisional Case No. 559 of 1S-75 which was discharged on 3.11.76. Against that ju......Abul Hossain Sana Vs, Sawalal Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962 (SC) 242; Akhtar Hossain Khan and ors. Vs. State, 29 DLR. (S C) 101; Abdur Rahman versus-State, 29 D.L.R. (S.C.) 256. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Recordâ..Category: Criminal Law | Date: | Hits: 48
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....Chairman in the special meeting in the absence of rules framed for the purpose. 4. Mr. Khandker Mahbubuddin Ahmed, the learned Counsel appearing for the appelÂlant, at the outset submitted that Rules under the Ordinance have not been framed and in the absence of Rules framed under the Ordinanc......is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resolution is of no legal effect……….(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by B. C. Panday, Advocate-on-R..Category: Employment/Service Law | Date: | Hits: 108
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