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Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......man, Deputy Attorney-General, instructed by B. Hossain, Advocate-on- Record—For Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No 19 of 1979. (From the judgment and order dated 16-2-77 passed by the High Court Division in Criminal Revision No. 152 of 1974). Ju......sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ...... January 24, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), Section 190, 204, 192(2), 528(2)(4) If the complaint is in writing the examination of the complainant will be done by the transferee Magistrate but if he has already examined the complainant, the transferee Ma..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......1974). A. Wadud Miah, Advocate-on-Record—For Respondent No. 7 in C.A. 74 of 1974. S. R. Pal, Senior Advocate—Amicus Curiae. Civil Appeal Nos. 31 to 77 of 1974. (From the judgment and order dated 26-7-74 passed by the High Court Division in Writ Petition Nos, 85, 96, 100, 109, 111, 1......ourt Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... Article 102 of the Constitution making the said Rule absolute. These are certificated appeals under Article 103(2) (a) of the Constitution. Facts of all the appeals need not be recounted except one as the matters were proceeded on one common ground of validity of some laws which will be mentio..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ....................... Respondents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceed......sal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......tion 96 of the State Acquisition and Tenancy Act. The first is that the order of refusal is to set aside an ex-parte decree and the second, that the order is passed in a proceeding which is a suit. None of the conditions being present, the view so long held does not call for any revision. 8. For..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e upon a Petition under section 27 of the Special Powers Act in that case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petition under section 27 of the Special Powers Act. Lawyers Involved: A. Hasib, A......e Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......on is completely different from that of Special Tribunal under the Special Powers Act and there can be no overlapping of the functions. They are to be kept distinct and separate and if that is not done the Sessions Judge will be acting without jurisdiction for which his order cannot be sustained..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......ented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Act I of 1877), Sections 42, 54, 56 (d)(f) To obtain an order of injunction the plaintiff aught to assert what is his legal character and what is his right ......g the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... is his legal character and what is his right as to the contract for which the tenders were invited and the conditions on which he participated in the bid……….(8) The suit being a declaratory one the plaintiff is to satisfy that such declaration should be made in his favour by virtue of the ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......urt Division were well founded in law in directing the abatement of a writ petition in view of sub-paragraph (1) of paragraph 5 read with paragraph 4 of Martial Law Regulation No. VII of 1977. This order of abatement was recorded along with some other writ petitions. 2. It is to be observed tha......he observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) and ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......rch 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is required to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to the Court of fir......nce to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......principal question is whether section 144 of the Code is available to a Court of Small Causes. To appreciate some provisions of the Small Cause Courts Act and Code of Civil Procedure are to be mentioned. First, to turn to some of the provisions of the Small Cause Courts Act. We find that section 3..Category: Procedural Law | Date: | Hits: 96
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 dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... Judgment & Order dated 14-8-79 passed by the High Court Division in Criminal Revision No. 291 of 1979). Judgment: Badrul Haider Chowdhury, J. -This appeal is directed against the judgment and order dated 14-8-79 passed by the High Court Division discharging the Rule in Criminal Revision ......n merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......ion 436 was omitted from Article 2(4) (f) but by the same President's Order new sub-clauses from (i) to (o) were added and the offences punishable under section 435 or 436 of the Penal Code were mentioned in sub-clause (k) Article 3 provides that Special Magistrate shall try the schedule offences an..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......n, Assistant 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: ......iew the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ndent 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. Hossain, C.J.—I have gone through the judgment proposed to be delivered in this appeal by my learned brother Ruhul Islam..Category: Employment/Service Law | Date: | Hits: 70
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 ......vocate, 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......igh Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......r the Customs Act, 1969, read with the Import (Control) Act, 1950. The Trawlers are 'Porsomboon' 'Mongkolnimite' and 'Thaiwareepiset’ of which the respondents are respective owners. The last mentioned one was seized by a gun boat of Bangladesh Navy on 19-11-76 at 21°10'N 890 14E when it was eng..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 ......t. Civil Appeal Nos. 3 & 4 of 1978. (Arising out of C. P. Nos. 65 & 66 of 1976) Judgment Shahabuddin Ahmed, J. —These two appeals by special leave arise out of two identical judgments and orders of the High Court Division in Reference Case No. 5 of 1973 and Reference Case No. 11 of 196......re dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... 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 ......, Senior 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.) ......efore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......ition making number of allegations of corrupt and illegal practices in holding the election including improper and perfunctory counting of votes. His grievance was that at the 18 polling station mentioned in the petition the counting of votes was done '«most hurriedly improperly and perfunctorily..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ....... For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ...... reason for holding such a sale to be pre-emptible. Though the sale is in pursuance of a decree of a Court but the decree is for specific performance of contract entered into by the parties. What is done under the decree is that a recalcitrant party to a contract is compelled to execute the sale dee..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 ......nd Order dated the 3rd May, 1977 passed by the High Court of Bangladesh in criminal Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, J:-This appeal of special leave calls in question an order of the High Court Division dated May 3, 1977 refusing to quash a criminal proceeding started......eal 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 ......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 appeal or revision. This issue of fact having be..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. ......restricted sense, describes the tenancy as a lease. The difference between the two is also patently manifest that no fruitful purpose will be served in discussing the subject any further. 10. In order to grasp the problem before us, we are to see the character of tenancy that created under the ......e trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......sons, the Respondents and so the notice to quit on Suresh was insufficient. He made the rule absolute and set aside the decree of the trial Court. 4. Leave was granted to consider two questions, one of which has already been set out at the very beginning. Both the questions may be set out as fo..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 ...... Advocate-on-Record— For the Appellant. Ahmad Sobhan, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 142 of 1978. (From the judgment & order dated 5.9.74 passed by the High Court Division in Civil Revision Case Mo. 787 of 1974). Jud......hair Mia.........Appellant Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a d......f such decree and observed that the decree-holder by his own act got a fraudulent decree and in pursuance of that took possession of the premises and demolished the building and reconstructed a new one. It observed further that the decree-holder could not be allowed to take advantage of his own fr..Category: Property Law | Date: | Hits: 69
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 ......t Petition No. 10 of 1978. The appellant, the General Manager, Bangladesh Cable Shilpa Ltd. is the employer who filed a petition under Article 102 of the Constitution challenging the judgment and order dated 8th November, 1977, passed by the Labour Court, Khulna in Industrial Relations Ordinance...... to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......tions 79 and 51 of the Factories Act, 1965, but they were allowed only two days compensatory leave for working on each festival holiday. Those respondents are, therefore, entitled to the balance of one day's compensatory leave for each festival holiday on which they worked. Second demand of thos..Category: Labour and Industrial Law | Date: | Hits: 267
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 ......d.—For the Appellant. M. F. Karim, Advocate, Supreme Court instructed by S.M. Huq, Advocate-on-Record— For Respondent No. 2. Civil Appeal No. 85 of 1978. On appeal from the judgment and order dated 12.7.76 passed by the High Court Division in Writ Petition No. 354 of 1976. Judgment:...... Manager, Kushtia Sugar Mills……………………..Appellant Vs. Chairman Khulna Labour Court and another………...Respondents Judgment May 29, 1979. The Industrial Relation Ordinance, 1969 (23 of 1969), section 34. Having ceased to be a worker by voluntarily resigning from......nother………...Respondents Judgment May 29, 1979. The Industrial Relation Ordinance, 1969 (23 of 1969), section 34. Having ceased to be a worker by voluntarily resigning from the petitioner's company, which has also accepted such resignation before he filed an application under se..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)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......, by a single judgment, dismissed applications rely. ing on the earlier majority decision of that Court, in Khurram Khan Panni's case. 3. The appellant obtained special leave to appeal against the orders of the High Court on three questions for reference; (1) Whether on the facts and circumsta...... view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ...... a controversy often arises and learned authorities are cited in support of the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not abandoned in case of unresolved ambiguity, does no longer find favour with the judicial authorities. Th..Category: Trust/Waqf Law | Date: | Hits: 239
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 ......n No. 445 of 1976). Judgment: Kemaluddin Hossian, CJ.—In this appeal arising from the grant of leave, the appellant Bangladesh Chemical Industries Corporation and another have challenged the order of the High Court Division in Writ petition allowing the Respondent Sk. Abdur Rashid's claim t......oes not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......sh Industrial Enterprises (Nationalisation) Order (President's Order No. 27 of 1972) and the Respondent was an employee of the Karim Rubber Industries Lid. The said undertaking was declared an abandoned property and was placed under the management and control of the Corporation. The respondent w..Category: Employment/Service Law | Date: | Hits: 70
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