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Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the appeals) Criminal Appeal Nos. 19 and 20 of 1980. (From the judgment and order dated December 4,1979 passed by the High Court Division in Criminal Revision Nos. ...... dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......ding the case records to the Chief Martial Law Administrator for action. 2. Two criminal proceedings were initiated against the appellant along with others who had been change sheeted in one case under section 364 of she Penal Code read with President's Order No. 50 of 1972, and in an..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ....... 3. Civil appeal No 37 of 1980 (From the Judgment and Order dated 28-7-78 passed on appeal by Shahabuddin Ahmed and A Matin Khan Chowdhury, JJ. in Appeal No 8 of 1977 reversing the order dated 13-2-77 passed by the Company Justice S M Hussain, J. in Matter No 9 of 1975 dismissing......r with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... that fee had encroached upon the Managing Director's right to run the affairs of the company. Appellant No. 2 Zahiruddin Ahmed called an extra-ordinary general meeting on 26-10-73 to appoint one more Director, with a view to completely oust respondent No. 1 Rahimuddin Ahmed from the manage..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......e Ahmed, Advocate-on-Record.—For the Respondent No. 2. Not represented—Respondent No. 1. K. A. Bakr, Attorney-General—Amicus Curiae. Appeal No.67 of 1980. (From the judgment and order dated 23.6.79 passed by the High Court Division in Writ Petition No. 59 of 1978). Judgment......re the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......on (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, D. I. T and another.......................................Petitioner Vs. Chairman, 2nd Labour Court and another.............................. Respondents ..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......; Kemaluddin Hossain CJ.-The appellants unsuccessfully moved a writ petition before the High Court Division against the order passed by the Deputy Secretary, Ministry of Public Works & Urban Development. Public Work...... cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ants, it arose out of the breach of agreement or which no writ lay and that is under challenge. 4. Mr. Rafique-ul-Huq, learned Counsel appearing for the appellants after citing two decisions one of Bangladesh vs. A.T. J. Industries 29 D.L.R. 181 and the other D.F.O. South Kheri vs. Ram San..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......f Hossain, Advocate, Jaynal Abedin, Advocate, Supreme Court with him, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 100 of 1980. (From the judgment and order dated September 1. 1977 passed by the High Court Division in Writ Petition No 222 of 1973). ...... the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......ining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incorporated in Bangladesh, under the Companies Act, 1913,..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. .......) Judgment: Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judgment and order of the High Court Division in Writ Petition No. 400 of 1978. 2. Respondent F. H. Chowd......d. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......cision of the High Court Division that the service of the respondent could not be transferred to the new owner after disinvestment is correct. 3. Halda Valley Tea Estate became an abandoned property and had vested in the Government under P.O. 16 of 1972. The Bangladesh Tea Board..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......f 1977) Judgment: K. Hossain CJ.—In this appeal Zahirul Huq is the appellant and the matter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand over vacant po......llowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......n CJ.—In this appeal Zahirul Huq is the appellant and the matter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named 'Bornika..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... 1. A. Salek, Advocate, instructed by A. W. Mallick, Advocate-on-Record—For the Respondent No. 2. Ex-parte—Respondent No. 3. Civil Appeal No. 117 of 1980. (From the judgment and order dated 5th June 1980 passed by the High Court Division in Writ Petition No. 397 of 1978). J......he result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......special leave is directed against the judgment of the High Court Division in Writ Petition No. 397 of 1978, directing the appellant Sonali Bank to pay the respondent a sum of Tk. 46,500/00 within one month from the receipt of the order. 2. Facts are simple. Respondent had deposited demonet..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ...... M.R. Khan, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Civil petition for special leave to appeal No. 23 of 1977. (From the Judgment and order dated 13th July, 1978 passed by the High Court Division in Writ petition No. 381 of 1975). ......tantive right. In this view of the matter this petition is dismissed. Ed. ......nt: Syed A. B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Shamsul Alam..........................................................................Petitioner. Vs. Superintendent of Police, Bangladesh Railway and other&h..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... reference of the dispute to an arbitrator agreed upon by them. After the arbitrator has made an award, he shall forward a copy thereof to the parties and to the government who shall cause it to be published in the official Gazette. The statute makes the award final and no appeal shall lie again......rned brother Fazle Munim, J. Fazle Munim, J. — These appeals arise from the same judgment and order of the High Court passed in Writ Petition Nos. 863 and 864 of 1974 on January 7, 1977. In Ci......gly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......revealed that he prevented Mr. Alvi, Assistant Manager, from leaving the office for his house and had also prevented his car from moving any further than where he had stopped it. In the second one, it was alleged that he snatched away the workers' attendance register from the table in the Ma..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......h on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with the Rent......t, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ...... month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with the..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....ond Appeal where it was recorded by a Division Bench that "Mr. A.W, Chowdhury, the learned Advocate for the Appellants, submits that the relevant compensation assessment roll has already been published and prepared and as such he does not press the appeal. The appeal is dismissed for non-pr......other law making any amendment in the said Act or of the acquisition of any properly made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocutory orders passed in suits, appeals, applications and othe......d. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......ition of any property under any of the provisions of the State Acquisition and Tenancy Act shall abate and no proceedings shall be instituted in any Court. As we have already mentioned that the plaint in clear language challenged the general notification whereby Hats and Bazars..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ...... by Syed Sakhawat Ali, Advocate-on-Record—For Respondents 2 & 3. Ex parte—For Respondents 4, 5 & 7-10 Civil Appeal No. 118 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition No. 758 of 1978). Judgm......order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......ellant contended that this revised seniority list has effected him adversely, inasmuch as he has been regulated from serial position No 15 to the position of serial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....his contention that there is no presumption with regard to Ext. 6. It is contended that though there had been several experimental surveys in Sylhet area the record of right had never been finally published. The learned Counsel has drawn our attention to the following observation made in the Int......ppellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sy1het Bench in Civil Revision No......appeal is dismissed. No costs. Ed. ......s the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquiry that ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ed an application under section 561A of the Code of Criminal Procedure before the High Court Division, Dhaka for quashing of the aforesaid proceeding. A Division Bench, by the impugned judgment and order dated 21 May 1989, summarily rejected the said application whereupon the appellant came to th......re, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......der whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. 3. The FIR in the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself investigated the case and submit..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......by Md. Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 Civil Petition for leave to appeal No. 371 of 1990 (From the Judgment and order dated 29.8.1990 passed by the High Court Division, Dhaka in Writ Petition No. 1648 of 1989)....... ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, D......te Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Plan..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......Matin, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1989. (From the judgment and order dated 29‑5‑1986 passed by the High Court Division, Sessions Bench, Sylhet in Appeal from A...... from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......the findings of the first Appellate Court but refused specific performance of the contract in exercise of his discretion under section 22 of the Specific Relief Act and ordered refund of the earnest money and a solatium of Tk. 5,400.00, in all Tk. 10,000.00, to the plaintiff. 3. Khondkar Mahbubu..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ...... 1 (1), (iii). (iv) & (v). Not represented—Respondent No. 1(iv). Ex-parte—Respondent No. 1(ii) & 2(i) Civil Appeal No. 52 of 1966. (On appeal from the judgment and order of the High Court of Judicatures, Bahawalpur State at Baghdad-ul-Jadid, dated the 9th April, 1...... also Reported in: 25 DLR (SC) (1973) 104. ......ion 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of his female heirs since the custom was alleg..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......llent. Syed Ishtiaq Ahmed, Additional Attorney-General instructed by S. S. Hoda, Advocate-on-Record —For the Respondent. Criminal Appeal No. 19-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198...... under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of his female heirs since the custom was all..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning...... case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......n accordance with any such rule shall be called in question in any Court. (5) Nothing in this Article or in any law, rule or instrument having the force of law shall prevent a person mentioned in clause (1) from being— (a) suspended, reduced in rank, removed or dismissed fo..Category: Administrative Law | Date: | Hits: 106
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