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Habibur Rahman Vs. The State, 1982, 11 CLC (AD)

...., allowing withdrawal of the criminal case against the appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrator, Dacca for necessary action. Leave was granted to examine the question as to whether the Sessions Judge an......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. ......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. ..

Category: Criminal Law | Date: | Hits: 46

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....y Judge and directing the winding up of the Company. 2. Respondent No.1 Rahimuddin Ahmed, a Director and share-holder, filed an application under section 162 of the Companies Act, 1913 for winding up of the Appellant Company, Bengal Water Ways Ltd. being Matter No. 9 of 1975. Th......andum and Articles of Association of the Company, totally different from fee Company's original Memorandum and Articles of Association and replaced the same on the plea of some alteration and amendment therein. Because of this replacement, it was alleged that the Company became non-existent......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. ..

Category: Business or Commercial Law | Date: | Hits: 110

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1......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:......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:..

Category: Fiscal/Taxation Law | Date: | Hits: 76

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....ed in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 3. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers Union, was involved i......ctions it is not necessary to quote them in this judgment. 19. Conclusions reached in this decision on the interpretation of other relevant sections of the Ordinance are that after the amendment to section 34 which no longer contains the expression "any party to such dispute&quo......cate his decision, in writing, to the said worker. (b) if employer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labour Court having jurisdiction, within thirty days from the last date under ..

Category: Labour and Industrial Law | Date: | Hits: 91

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... the appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appellants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration that the acquisition of the Hat at Shakherchar by the Government under Notificatio......nd Tenancy Act, 1950 (E.B. Act No. XXVIII of 1951), or of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (E.B. Ordinance No. III of 1956) or of any other law making any amendment in the said Act or of the acquisition of any properly made under any provision thereof is......(1) of the East Bengal State Acquisition and Tenancy Act or by the notification issued under section 43 of the Act and further the Government is entitled to mesne profits from the plaintiffs with effect from 14.4.56 or from 1st day of the Bangali year following the notification ..

Category: Property Law | Date: | Hits: 66

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....nbsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Pro..

Category: Property Law | Date: | Hits: 69

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....7.) Judgment Hamoodur Rahman, CJ.— This appeal arises out of a judgment of the High Court of Baghdad-ul-Jadid delivered on the 9th of April, 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of......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. ......ter Mst. Jawahar Khatoon and a daughter Qaiser Khatoon. Mst. Sabhai died two months before the institution of the suit. Hence one of her sons from a previous husband, called Amiruddin, also joined as plaintiff. Another son, Waziruddin, from the same husband who did not join as a plaintiff, was made ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

.......................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 the legality of such order passed by t......pugned order upon acceptance of the Screening Committee's recommendation for retiring the plaintiff on its finding that the plaintiff was inefficient. Nor was it disputed there that by reason of an amendment effected as far back as on the 28th February, 1959 in the rules framed under the Public ......on should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the plaintiff was inefficient, and on the 24th April, 1959 it recommended his retirement from service...

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

.........Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree wit......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. .................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obta..

Category: Others | Date: | Hits: 103

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....mpensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or after commencement of proceeding in which judgment is given the Company had notice through t...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......who had been killed on the 18th January, 1955, by being run over by a motor bus belonging to the defendant No. 1 and driven by his employee, the defendant No. 2. 2. Although it was averred in the plaint that the loss caused to the plaintiffs by the death of their daughter could not be compensa..

Category: Others | Date: | Hits: 124

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

....section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......dinance, 1959, hereinafter referred to as the Ordinance, can suspend the operation of the impugned order without an express provision to that effect in the Ordinance. 2. In pursuance to a complaint lodged by the Police under sections 12 & 14 of the Ordinance, the District Tribunal, Sukkur..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ovember 25, 1970. The Bengal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a va......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......igh Court of East Pakistan Dacca dated the 12th August, 1966 in Appeal from original decree No. 216 of 1959). Judgement Abdus Sattar J.—This appeal by special leave, at the instance of the plaintiff, arises out of a suit for realisation of a sum of Rs. 62,265/- and odd on the basis of an ..

Category: Banking Law | Date: | Hits: 230

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

...., 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continuous habitation in that part of British India which subsequently formed part of India with no immediate intention of leaving the same but for the reasons given in th......their application was dismissed, on the ground that no second revision lay under section 7 of Ordinance No. XIII of 1962 unless the record had been already summoned under the old law before its amendment on 13-1-1962 by Ordinance No. II of 1962. 8. The respondents then filed a writ petiti......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..

Category: Property Law | Date: | Hits: 61

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1286 of 2001. (From the judgment and order dated 30-01-2001 passed......lication dated 15-3-2000 filed under Section 151 of the Code of Civil Procedure by the petitioners praying for recalling the order dated 9-3-2000 passed by the said Court in the said case allowing amendment of plaint, judgment, decree and other documents of Title Suit No. 143 of 1990 after compl......d 15-3-2000 filed under Section 151 of the Code of Civil Procedure by the petitioners praying for recalling the order dated 9-3-2000 passed by the said Court in the said case allowing amendment of plaint, judgment, decree and other documents of Title Suit No. 143 of 1990 after completion of exec..

Category: Banking Law | Date: | Hits: 112

....te Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the ......erms of Reference will be finalized within the granted extension of time, would you please expedite your reply to the Defendant's request for the said inclusion, with the claimant's suggested amendments to the Terms of Reference, if any, at your earliest opportunity." C.C.......lications seeking time to file written statement. On 16.6.92 they also filed another application under section 151 CPC seeking direction upon the appellant to supply them the Bengali version of the plaint raising the plea that the same is needed to enable them to file written statement. The same ..

Category: Business or Commercial Law | Date: | Hits: 94

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....me after he has completed twenty-five years of service without assigning any reason.” There is a clear conflict between these two provisions so far as the retiring authority is concerned. In the former it is the Corporation and in the latter the Government. The Regulations is not only later but...... service without assigning any reason can be exercised by the Corporation “if it considers expedient so to do.” This regulation was not originally in the Biman Service Regulation and was added by amendment on 5th February, 1984 long after the decision in the case of Dr. Nurul Islam vs. Banglades......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....49) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words fr......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......t merely because Kulsuma Bibi and Rahima Bibi have been made parties in the title Suit but from that decision can not be arrived at that they are sisters of Ilias Miah as because in the respective plaint of the said suits it has been specifically denied that Kulsuma Bibi and Rahima Bibi are not ..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

....sp; A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the ea...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......; March 6, 2000. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain read..

Category: Property Law | Date: | Hits: 49

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

.... The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………&hel......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... Md. Ruhul Amin J.- The instant appeal by the plaintiff, by leave, is against the judgment and order dated 9th December, 1992 passed by a Divisio..

Category: Property Law | Date: | Hits: 47

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....ed: Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 586 of 1997. (From the Judgment and Order dated 2nd......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......enidha seeking declaration that he is the successor of the defendant Bainchitala Islamia Junior Madrasah and for a further declaration of title to the land described in the schedule appended to the plaint. The suit was decreed ex parte on 20th November, 1982, Defendant Nos. 6 and 7 (Badaruddin M..

Category: Property Law | Date: | Hits: 63

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