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Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....e impugned judgment needs to be modified. 4. A short question is to be answered in this appeal, whether by “যাতায়াত ভাতা” is meant “Travelling allowance”. 5. The relevant provision of section 2(8) (b) of the Ordinance runs as follows: “2………………......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd.......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....WP No. 2143 of 1993 was a student of 3rd year MBBS of the same College bearing Roll No. 37. Session 1989-1990, and was elected Assistant General Secretary of the same College Students’ Union at the relevant time. Respondent in CA No.73 of 1994 and petitioner in WP No. 2195 of 1993 was a student of......on for expulsion of a student for ever from the - College. 15. At the time of hearing of the leave petition an additional paper book was filed on behalf of the appellants containing some relevant papers (copies of resolutions, notice to show cause, peon’s report etc.) which could not be produc......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....d profits thereof accruing after the transfer, and all things attached to the earth; …………………………..”(only relevant portion quoted) 12. Upon a consideration of the aforesaid provisions, t......ned why two different kabalas were executed on the same day in respect of the property in question and read out from the evidence of DW 1 Abdul Khaleque Chowdhury where he stated that as the stamp papers were not available for drawing one kabala, two separate kabala deeds were registered. The Hi......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&......he above provision is that the land and all its attachments are treated as a single piece of immoveable property as has been contended by Mr. Pal. The main point for decision is not the number of documents whereby the transfer is effected but whether by the transfer by one instrument or more t..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......ct of without jurisdiction. This precisely has happened in the present case and therefore this appeal must succeed. 17. It is not necessary for us to refer to and consider the various papers which have been included by the a in the paper book as additional papers showing that the G...... Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment ......ly the Deputy Secretary of the Ministry of Works, one Aftabuddin, treated the property as abandoned property although the mother of the respondent-writ-petitioners showed her title deeds and other documents in respect of the said property. On being evicted from the house in June 1974, the respon..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....s are not known or if he has ceased to occupy, supervise or manage in person his property then the property becomes ipso facto an abandoned property whether it is enlisted in a list compiled by the relevant Ministry or not. In the present case, he submits, there is only some oral evidence that Dr......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip......laint of Title Suit No. 69 of 1981. 8. The two Suits were analogously heard by the learned Sub-ordinate Judge; 3rd Court, Dhaka, Bangladesh as plaintiff examined one witness, but produced no documents and the auction-purchaser examined 4 witnesses and produced some documents in support of ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....t have ornaments of a quantity which could give him the amount to purchase property amounting to 125 bighas. Moreover, the documents Exhibits AI, AI (2), AI (6), AI (9) and AI (10) show that these relevant properties were purchased prior to 1322 BS when Jamiruddin was alive. Furthermore, the def......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ......ness. Moreover, it was found that the wife of the defendant No. 1 could not have ornaments of a quantity which could give him the amount to purchase property amounting to 125 bighas. Moreover, the documents Exhibits AI, AI (2), AI (6), AI (9) and AI (10) show that these relevant properties were ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....ossain Khan also resided in the said room. On Monday the 10th Falgoon. 1370 corresponding to 24.2.64 at about 7-30 PM the accused Taru Mian, a police constable attached to the Tongi outpost at the relevant time and the accused Abdul Gani came out of the room of Ali Ahmed where they used to take ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... doctor to conceal such fact. 12. A ground has been taken in the petition of appeal that the Magistrate who recorded the confessional statement ought not to have enquired into the case. The relevant provision of law referable to this point is section 556 of the Code of Criminal Procedure....... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......; Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......ction 23 of the Contract Act. 14. Mr. Salam has pointed out that the learned Subordinate Judge accepted the contention of the pleader for the plaintiff’s appellants before him that the papers of the earlier criminal case, Exts, 3 and 4 would unmistakably show that the suit lands were......ll be no order as to costs. Ed. ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ound of sub-letting? 5. To what relief, if any, is the plaintiff entitled?" 5. For reasons that will be evident presently, I would prefer to touch, briefly upon the relevant findings recorded by the learned Munsif on the different issues framed in the suit inasmu...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....man was entitled to be assessed as an individual, the Revenue Officers beginning from the Agricultural Income-tax Officer upto the Appellate Tribunal maintained that this deed of partition was not relevant for the period prior to the year of execution of the document. The Tribunal observed: ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....vits had to be filed. There is no direction by the court upon the practices to file any such affidavit. In this connection rule, 1 of Order 19 of the Civil Procedure Code may be referred to as the relevant provision for filing affidavits. It reads as follows: "Any Court may at ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv......he plaintiff were minors and the defendant No.l managed all the properties left by Syed Idris Ali and that with an ulterior motive the defendant No.l had created some void, collusive and fraudulent documents regarding the lands of the 1st schedule and the 3 plots of the second schedule. She also..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....itioner refused to accept this letter as such the same was served by hanging on the Notice Board of the Union Council office in presence of 9 witnesses. Article 95 of the Basic Democracies Order is relevant about the service of notice in such matters. The Article runs as follows: &quo......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....ended to shorten the proceedings before commitment. It was further held that it was not open to the Magistrate to commit the accused for trial without taking all the evidence under section 208. The relevant facts which appear from the decision of the Indian Supreme Court in the case of Chhadomila......dered by the defence were examined under section 208 of the Code of Criminal Procedure but the accused persons were also examined under sub-section (1) of section 209 CrPC. In the record, there are papers to show that the accused persons were, in fact, examined under section 209 CrPC. On 3.3.69 t......e court concerned. Ed. ...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ub-section (6). On a careful examination of these provisions, I do not find anything therein that can be said to lend support to the contention raised by him. 12. Thus on an analysis of the relevant provisions of section 96 of the Act, I am of the view that when the original pre-emption a......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......mp; others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cases Referred: Afazuddin Mridah and others vs. Mubarakulla and others 5 DLR 445; Sachindra Nath Chakravarty vs. Trailakya Nath Chak......licants were fully aware of their purchase and the factum of their physical possession from long before the filing of the Miscellaneous Case. 6. The learned Munsif on a consideration of the documents as well as oral evidence adduced before him, arrived at the conclusion that the pre-empto..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....t in the said case his Lordship Sajjad Ahmad Jan, J. observed: "The learned Additional District Judge has, in a very comprehensive and carefully written order, considered all the relevant features of this case, in the light of the well-settled principles for the grant or refus......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......: Nurul Islam J Pronab Kumar Majumder ...................Petitioner Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5th, 1970. Cases Ref......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
.... vs State 15 DLR 549; PLD 1964 Dac. 330. That case also arose out of an alleged offence under clause (d) of sub-section (1) of section 5 of the selfsame Act and it will be worthwhile to reproduce the relevant observations of the Court which were as follows: "The word "obtain" implies and pres......O. Jessore, who deposited the same in the National Bank of Pakistan. The witness stated in his cross-examination that they tried to ascertain the whereabouts of the deceased through the medium of newspapers but to no effect. The remaining three witnesses are official witnesses. 13. The question t...... Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f documents to substantiate his case. On the side of the defendant, however, no witness was examined, but they filed the correspondence to support their case. The trial Court after considering the papers on record as well as the testimony of the witness held that the Project Director was not app......red to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchan...... The alleged award was cancelled by the Chief Engineer subsequently and accordingly, the plaintiff was not entitled to his relief. 6. The plaintiff examined himself and produced a number of documents to substantiate his case. On the side of the defendant, however, no witness was examined..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... so I refrain from expressing any opinion on these questions at this stage. The trial Court, however, shall pay careful attention to these and similar other questions inasmuch as they are important relevant facts bearing upon the nature of the enquiry. Moreover, both the parties will be at full ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ...... M A Aziz - For the Appellant. Abdus Subhan — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commissioner, Workmen's Compensation, Dacca, dated the 19th day of June, 1967 in Workmen Miscel......urse of hearing, the appellant examined three witnesses and proved Ext. 1 which is a medical certificate. The respondent, however, refrained from examining any witness in the case but produced two documents marked as Exts. A and B. After considering these matters on record, the learned Commissio..Category: Labour and Industrial Law | Date: | Hits: 118
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