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Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......83, 68. ......lly denied that he was ever acquainted with the plaintiffs. He also denied that he had any acquaintance with the Deputy High Commissioner of India at Dacca. 4. At the trial the parties led evidence in support of their respective case. On consideration of the evidence the learned Sub..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......ibunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon legal evidence." According to the learned Judges, "Without such proceeding any determination of..Category: Criminal Law | Date: | Hits: 171
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ...... prosecution had failed to prove the case beyond reasonable doubt and accordingly benefit of doubt was given to the accused. On appeal by the State, the Appellate Tribunal on consideration of the evidence accepted the case of the prosecution as against the appellants and disbelieved the pr..Category: Criminal Law | Date: | Hits: 40
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......dered as a deciding factor for adjudication. It was noticed that excepting the recital in Exhibit 1 there is no other proof that Bidhan Bibi acquired 16 annas interest in the disputed land. No evidence was led that the Khajanchi Bari landlords possessed the disputed land in khas. The plainti..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ppeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ivision observed as follows: "Taking all these statements together it appears that the presumption raised by posting registered letter with acknowledgment due has been rebutted. There is no evidence on the side of the plaintiff to prove service of the registered letter who acknowledgment ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......o Haji Hossenuddin, father of the plaintiff Musammat Rokeya Khatoon. Haji Hossenuddin made a gift of the property to his wife Meher Afzan Bibi. She possessed the property through tenants. It is in evidence that at the ripe old age of 90 years she used to collect rent from the tenants through her..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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This Case is also Reported in:
......he requirement of drawing up formal proceeding against him, that the investigation committee was illegally constituted, and that he was not given the opportunity to explain his position or adduce any evidence in support of his case. He further alleged that he received charge-sheet on September 9, 19..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ...... appellate court's finding that the transaction fn question made under a registered-deed, Exhibit-A", dated 11 November, 1953 is a usufructuary mortgage, is not based on proper consideration of the evidence on record and that the question of limitation has been erroneously decided by the High Cour..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......re set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ase of Kh. Ehteshamuddin Ahmed @ Iqbal the review as done elaborately in 29 (twenty nine) pages which was noticed in the judgment to this Court. Whereas in the present ease notwithstanding voluminous evidence it was done in a cryptic manner in a two-paged order. 17. So far as this point is conce..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......s to costs. Ed. ......." 4. It appears that no dispute was raised as to the power of the Prize Court to direct distribution or investment of the Prize Fund upon an application by way of a motion and upon evidence to be adduced in the proceedings. The Court is to exercise the powers in accordance with ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......t no major punishment shall be awarded except in proceedings in the prescribed form (B. P Form No. 164). Clause (b) provides that a definite charge with necessary particulars shall be framed before evidence is recorded. The person charged shall be given a copy of the charge and shall also be allow..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ...... or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ...... (Standing Orders) Act, 1965 as a Tanker is not an Industrial Establishment under the said Act; 2. Non-consultation of a member had vitiated proceeding; 3. Ext. A (1) of the evidence has excluded the respondent from the category of workers." 3. Mr. Asrarul ..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......lowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......n result-sheet-and consolidated statement, and that the gunny bags of Rupsha Primary School Centre contained all She materials but there wag only shortage of two votes. On consideration of the oral evidence and the materials on record that learned Munsif found that the Presiding Officers of the a..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....at this military review was legally inadequate, to resolve these claims. 22. A very pertinent observation has been made in that the rule that confessions obtained during illegal detention are inadmissible in criminal prosecutions in the federal courts is applicable in those courts only and d......is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......Martial which tried, the prisoners had jurisdiction over the persons and crimes charged and jurisdiction to impose the sentence which the prisoners received, dismissed the application without hearing evidence. The decisions of the Courts, below were affirmed in the Supreme Court by majority decision..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......ple and observed: "In such circumstances it must be held that the plaintiff failed to prove that the salt was changed.'' Having come to this conclusion the learned Judge on consideration of the evidence observed as follows: "In the above circumstance it must be held that the defendant Nos..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......at being the position we do not find any merit in this review petition, which is dismissed. Ed. ......erved that it has already been held that where the defendant has proved the joint family, joint property and the acquisition of the property during the jointness of the family, and there is no evidence from the side of the plaintiff that the property that was acquired, though in the name of ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......h costs. Ed. ......e in the premises No. 12, Farashganj Road, Dacca where she has been living and the plaintiff lived in a separate house at Mitford Road, Dacca with his second wife. 5. On consideration of the evidence led by the parties the learned Subordinate Judge accepted the case of the plaintiff that ..Category: Property Law | Date: | Hits: 448
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. ......r with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......njustly excluded from management of the company, that there is a deadlock in the management and that the company has Bailed to pay its big debts to respondent No. 2 and these facts are supported by evidence and so must be taken as concluded. In the Instant case attempt to exclude respondent No.1 ..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......gly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ...... in connection with any industrial dispute it was a proceeding under section 50 of the I.R.O. for interpretation of a particular term of the Agreement. The Labour Court after discussing the evidence on record found in both the cases that the charge of misconduct as defined in section 17 o..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....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. ......appeal is dismissed. No costs. Ed. ......o and accepted by the landlord. 6. On appeal the appellate Court allowed the plaintiffs' appeal after finding that they proved their right, title and interest in the suit land by sufficient evidence and that the suit land was not a fishery, but a paddy growing land. 7. In revision ..Category: Property Law | Date: | Hits: 69
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