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Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)

....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......llowed to have the relied and in this view of the matter they are entitled to get the proceedings of the Money Suit stayed till the disposal of the Title Appeal which has been preferred against the decision in Title Suit in question. In this regard, the learned Advocate refers to me to the decisi..

Category: Property Law | Date: | Hits: 86

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. ......ficulty in accepting the bill then the same may be referred to a competent authority for an arbitration. A copy of this letter was sent to the Project Director for necessary action and to come to a decision at an early date. On 1.11.61 the Project Director by his memo No. 6117 wrote to the Execu..

Category: Others | Date: | Hits: 98

Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)

....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. ......Procedure; Nevertheless, it was observed therein that when the Court is satisfied that fraud was practised upon the Court it can interfere in exercise of its inherent jurisdiction. The two Calcutta decisions referred to above and some other decisions were also considered by a Single Bench of this..

Category: Property Law | Date: | Hits: 69

Golam Kader Vs. State, 1972, 1 CLC (HCD)

....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ...... to have been relied upon by the learned Sessions Judge also show that both accused Golam Kader and Sharifunnessa lived as husband and wife. Now, following the guidelines given in the Federal Court decision and also in the High Court decision referred to above, if the statements of PWs 2, 3, 8 an..

Category: Criminal Law | Date: | Hits: 59

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. ......obvious from the context of the legislation itself. This view of ours finds support from the case of Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted respondent 1929 AC 642. This is a decision of the House of Lords wherein section 9 sub-section (4) of the Workmen's Compensation Act..

Category: Labour and Industrial Law | Date: | Hits: 118

Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)

....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... 1962. Appeal against the decree of Mr AQ Chowdhury, Subordinate Judge, 1st Court of Zilla Comilla, dated the 25th day of February 1961, in Title Appeal No. 164 of 1960, affirming the decision of Mr ARM Azizul Huq, Munsif, 2nd Court, Chandpur, dated the 12th day of April 1960, in Ti..

Category: Property Law | Date: | Hits: 62

Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)

.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......remises on the basis of their valid purchase. On appeal the learned Subordinate Judge, Second Court, Chittagong by his judgment and decree dated 31.12.60 in title appeal No. 350 of 1959 upheld the decision of the learned Munsif. Thereafter the instant second appeal was presented to this Court ag..

Category: Property Law | Date: | Hits: 69

Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)

....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......Court on consideration of the evidence decreed the suit. The learned Subordinate Judge, 1st Court, Comilla on an appeal reversed the finding of the learned Munsif and dismissed the suit. Against that decision this second appeal has been filed by the plaintiff. 4. Mr. Rouf, appearing for the plain..

Category: Property Law | Date: | Hits: 82

Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......rding the cause of death of Jahiruddin. The learned Judge having accepted the prosecution case regarding the cause of death of Jahiruddin on the basis of the medical evidence the main question for decision in the instant case was whether these 4 accused committed the murder of Jahiruddin by admi..

Category: Criminal Law | Date: | Hits: 76

Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)

.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......'32 acre of lands as depicted in the field book and map prepared by the Pleader Commissioner which also formed a part of the decree. 5.  The defendants having felt aggrieved by the said decision of the learned Munsif preferred an appeal on the grounds that the plaintiff had auction pu..

Category: Property Law | Date: | Hits: 67

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......onsideration of one fact brought to our notice by the learned Deputy Legal Remembrancer at the time of the conclusion of his argument. The learned Deputy Legal Remembrancer drew our attention to a decision of this Court in the case of State Vs Purna Chandra Mondal 22 DLR 289 wherein a Division B..

Category: Criminal Law | Date: | Hits: 154

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......er. All that the plaintiffs wanted was to remove the cloud created due to the erroneous entry in the record of rights and refusal by the Government to accept rent from them. In view of the above, the decisions cited in 8 DLR 82 and 13 DLR 70 do not apply in the present case. 10. Three other case ..

Category: Civil Law | Date: | Hits: 137

Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)

....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......tal Right No. 13 of the late Constitution of 1962 and, as such, there was no bar at all for according registration to the impugned document. 7.   Mr. Sobhan also contended that the decision in the Title Suit as well as the appeal are illegal and without jurisdiction in view of t..

Category: Property Law | Date: | Hits: 73

City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....surance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classification. It appears to us to be obvious that the legislative policy is to exclude the same set of persons to manage, control, regulate and monopoliz......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..

Category: Business or Commercial Law | Date: | Hits: 106

Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)

....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......ay usefully quote the following passage from the Judgment of the High Court Division in Chowdhury Saifuddin Ahmed vs. Shamsuddin and others, 40 DLR 10 delivered by one of us who was a party to the decision: “It seems to us that although it is desirable that in all cases wher..

Category: Property Law | Date: | Hits: 72

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......;…………………………………………………….. 4. Following the said decision, notices were issued upon the writ-petitioners and others directing them to produce their ..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......respectively held and upheld the re-counting of votes and the same being a question of fact was not amenable to interference in the revisional jurisdiction and that the principles referred to the decisions noted in the judgment are not applicable to the facts and circumstances of the case.&rdq..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......sion. 5. It appears that by amendment one paragraph each was added in the respective suits, paragraph 14A in Title Suit No. 23 of 1993 and paragraph 20A in Title Suit No. 24 of 1993. The impugned decisions turned mainly on the basis of the facts stated in the said amended paragraphs. For the pre..

Category: Property Law | Date: | Hits: 77

Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)

....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......tion examined 3 witnesses including Nurun Nahar Begum and her husband Khijiruddin. Photocopy of the recall order was sent to a handwriting expert who was examined as a witness. 6. The finding and decision of the learned Divisional Special Judge has already been noted and the decision in appeal h..

Category: Anti-Corruption Laws | Date: | Hits: 73

Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)

....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......1-6- 97 passed by a Division Bench of the High Court Division in Writ Petition No. 1778 o 1991 (Dhaka)/Writ Petition No. 47 of 1989 (Chittagong), making the Rule absolute and thereby reversing the decision and award dated 22-1-86 passed by the Chairman, Labour Court, Chittagong in Industrial Dis..

Category: Labour and Industrial Law | Date: | Hits: 94