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Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ut, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......bsp; into the merit of the case and therefore the present suit is not barred by the principle of res-judicata; that in Title Suit No. 18 of 1992 no issue was framed and disposed of after recording evidence of both the parties and therefore the present suit is not barred by the principle of res j..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......tive. There will be no order as to costs. Ed. ......ount books and other documents which will be required by the Income-tax Officer. Notice under section 23(2) can be served upon the assessee to attend the Income' tax Officer's Office and to produce evidence. Failure to do so immediately attracts the provision of sub-Section (4) which is in the f..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......ed as no title passed to the appellant. A question was raised before the learned Judge that the tenant-defendant attorned to the appellant as his landlord, but the learned Judge found that the evidence in support of attornment was the payment of rent, and he was of the view that it was not c..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J S.M. Quddus & ors. ............Petitioners (in C.P. Nos. 58/80, 59/78, 60 of 1980). Vs Chairman, Labour Court, Ctg. & an...... employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the Labour Court, The Labour Court found that the evidence on record was not sufficient to warrant the order of dismissal, and set aside the order of..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......e. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......isinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden of proving that the lady got independent advice before the transaction, and they failed to call any evidence to discharge this onus of proof. On fact, the trial Court held that the grandsons obtained ..Category: Property Law | Date: | Hits: 53
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 ......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 ......istrate has been given the power for using discretion whether to proceed by way of issuing processes or not by the Court…………(18) The transferee trying Magistrate who has already recorded evidence of few witnesses is authorized to issue process against the accuseds not sent up in the cha..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....on of documents creating a complete usufructuary mortgage for exceeding 15 years or usufructuary mortgage other than complete usufructuary mortgage was also forbidden and such documents were declared inadmissible in evidence. Thus a drastic change was made by Act IV of 1928 and a new type of mortgag......ourt Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......creating a complete usufructuary mortgage for exceeding 15 years or usufructuary mortgage other than complete usufructuary mortgage was also forbidden and such documents were declared inadmissible in evidence. Thus a drastic change was made by Act IV of 1928 and a new type of mortgage being "complet..Category: Property Law | Date: | Hits: 85
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 ......iew the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... to say that the appellant was not denied the right to cross-examine the witnesses. According to him since the witnesses were examined in support of the allegations brought against the appellant, the evidence so recorded would not be mad the basis for convicting him and inflicting punishment, unles..Category: Employment/Service Law | Date: | Hits: 70
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 ......efore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......lowed then recounting should be held for all the 32 polling centres. His petition was, however, rejected by the Tribunal. 5. The Election Tribunal after hearing the parties and considering the evidence recounted the ballot papers of the 18 polling centres and found that Afzal Khan had a lead ..Category: Election Law | Date: | Hits: 136
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 ......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 ......Act 1 of 1956, read with East Pakistan Gold (Procurement and Distribution) Order, 1958. His defence was that the gold was not recovered from his possession. The learned Magistrate on consideration of evidence held that the prosecution failed to prove that the gold was recovered from his possession a..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. ......e trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......Balaram, and on his death it has devolved upon both the respondents as his heirs and so the notice to quit u/s. 106 of the first Respondent was insufficient. 3. The trial Court on consideration of evidence, both oral and documentary, accepted the plaint case that Balaram was the first tenant, t..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 ......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......livery of possession on 21-3-66. In this view of the matter the appeal was dismissed. On revision the High Court Division, however, noticed that the two mokabila witnesses were not examined and the evidence of the Process Server did not inspite any confidence. Moreover, the evidence of the defenda..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 ...... to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......as misconceived. Those respondents were also not entitled to get overtime allowance for 4 hours per week, although, other officials and staff worked for 44 hours in a week. 4. Both the parties led evidence before the Labour Court and produced papers in support of their respective contentions. The..Category: Labour and Industrial Law | Date: | Hits: 267
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 dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ...... 10 of 1940), section 34. Bill of Leading Charter party The question of fraud, collusion and conspiracy as alleged by Respondent No. 1 against the appellants can only be determined on taking evidence and not by arbitration. It is the discretion of the Court as to whether the jurisdiction un..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......age. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......misconceived. Whether the statement made by a co-accused is admissible or whether a conviction should be based upon such exculpatory statement is the question for the trial Court to be decided on evidence. It is too early to say whether there is any truth in such statement. The law on quashing h..Category: Criminal Law | Date: | Hits: 51
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... on the erroneous view that "The submission of final report so far as the accused petitioner is concerned has not created right inhering in him so as to disentitle the prosecution to prosecute with evidence which was not available earlier". He further submitted that this case, in. any view of the ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......ts Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subject matter of the case on the basis of the evidence on record but in absence of findings of the Labour Tribunal to that effect the High Court D..Category: Labour and Industrial Law | Date: | Hits: 106
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......ssed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......ment Servants (Discipline and Appeals) Rules, 1976 as adopted by the Trading Corporation of Bangladesh. 3. The Enquiry Officer examined six witnesses in support of the charges framed and their evidence was taken in the absence of the appellant. After the inquiry report the appellant was provi..Category: Employment/Service Law | Date: | Hits: 72
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......ity is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......rong allocation of onus cannot be sustained. It has been stated earlier that the appellant's possession of the property, the pendency of the mortgage suit from 1954, to 1975 and the total lack of any evidence from the side of Enemy Property authority that the vendors of the appellants ever migrated ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ording to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ease on bail of the appellant pending disposal of the appeal. Section 427 confers the power for the arrest of the accused in appeal from acquittal; and section 428 confers the power to take further evidence or direct it to be taken. Section 526 provides for the power of the High court to transfer ..Category: Criminal Law | Date: | Hits: 66
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