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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. ......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. ......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. ..

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. ......aid to a person or not is to be decided on the basis of the surrounding circumstances in a case and a decision in this regard is to be based on the equities of the case. See the observation of the Judicial Committee in the case of Jai Berham vs. Kedar Nath Marwari 49. IA 357, and in the case of ......ly changed at that stage. The plaintiff accordingly refused to accept the rate as per modified order and protested this attempt of changing -the liability of the defendant at that stage. The Field Officers of the defendant, however, took measurement and prepared final bills only for one item wit..

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. ......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. ......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. ......t leg, he partially lost his eye sight and hearing capacity. He thereafter lodged his claim with the defendants respondents for compensation due to loss of his earning capacity. The Administrative Officer of the respondent Corporation assured the appellant that he would be paid lawful compensati..

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

Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)

....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. .............Petitioner                           Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Refer..

Category: Fiscal/Taxation Law | Date: | Hits: 106

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. ...... latter case, of course, out of the parties who were of Mitakshara School of Hindu law. But the principle as to joint family property has been enunciated in general terms by their Lordships of the Judicial Committee, in the said case. While delivering the judgment in the said case of Must. Bhagw......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. ..

Category: Property Law | Date: | Hits: 62

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. ......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. ......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. ..

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. ......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. ......eath) case was registered. Thereafter the officer-in-charge visited the locality, held inquest on the dead body of Jahiruddin and sent it to Dinajpur morgue for post mortem examination by a Medical Officer as well as for examination of the viscera by a chemical examiner. Accordingly, PW 2 Dr. MA ..

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. ......e intention of the legislature would have been to protect only buildings and other structures of permanent build then the term "dwelling house" could not have been mentioned. In Stroud's Judicial Dictionary, Third Edition, Vol. 1 at page 903 a dwelling house has been defined as follows...... 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. ..

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. ......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. ......he evidence of these witnesses. In this connection, we may recall once again the topography of the place of occurrence as given by the eyewitnesses as well as by PW 6 Mir Murtuza, the Investigating Officer. It is in evidence that there are 3 dwelling huts in the homestead of Yasin Sheik. Yasin S..

Category: Criminal Law | Date: | Hits: 154

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. ......, Registration Branch, Eden Building, Dacca and others ............Respondents  Judgment January 28th, 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiwana and another vs. Mst. Zainab Begum and oth......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. ..

Category: Property Law | Date: | Hits: 73

Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)

....cer of the Authority who derived the authority from the listing of duties given in Organisation Chart and Job description of the said authority. The relevant portion of the duties, inter alia, of the Senior Deputy Director of Ports and Traffic of the Authority as annexed to the additional affidavit-...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 255

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

....stitutions should not be allowed to flock together in a financial institution to control and monopolize the capital market……..(15) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on- Record — For the Petitioner......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. ......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

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

.... holdings. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22)  Lawyers Involved: Dr. M. Zahir Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record —For the Petitioners.......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..

Category: Business or Commercial Law | Date: | Hits: 96

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

....When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Shar Chaklader, Advocate-on-Record—For the Petitioners. Dr. Raf....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..

Category: Tenancy Law | Date: | Hits: 82

Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)

....r there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5)  Lawyers Involved: Md. Abdul Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record-For the Appellant. SR Pal, ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..

Category: Civil Law | Date: | Hits: 115

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

....a vs. Ram Charan, AIR 1964 SC 215, Chowdhury Saifuddin Ahmed vs. Shamsuddin and others, 40 DLR 10, Azimomiessa vs. Rup Gazi and others, 39 DLR 6. Lawyers Involved: Md. Abdul Hannan Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record — For the Appellant. ......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. ......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. ..

Category: Property Law | Date: | Hits: 72

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....ssain, Advocate-on-Record — For the Respondent No. 2 (In Criminal Appeal No. 9 of 1998).  Not represented—Respondent No. 2 (In Criminal Appeal No. 22 of 1998).  Dr. Ahmed Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Respondent No. 1 (In Cri......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......onverted to Islam and married Salam by affidavit in Court, that they were in Chittagong for more than a month and on return to Dhaka were arrested by the police. 6. On 26-4-1997 the Investigating Officer filed a petition to the learned Magistrate praying to produce the victim girl before a Medic..

Category: Criminal Law | Date: | Hits: 71

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10)  Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by SR Karmaker, Advocate-on-Record — For the Appellant. M......tmosphere prevailing in the country during pendency of the Rules. The offending Article tends to interfere with the administration of justice. Writing in such a tone by a member of the Subordinate Judicial Service is the grossest type of scandalisation of judges of the Supreme Court. On an inqui......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..

Category: Criminal Law | Date: | Hits: 75

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

....alled for and the dispute can only be decided one way or the other by a competent Civil Court upon taking evidence………..(15) Lawyers Involved: Mohammad Nurullah, Senior Advocate, instructed by Sharfuddin Chaklader Advocate-on-Record—For the Petitioner. ...... 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. ......ute in the said writ petitions with certain ancillary orders and observations. 2. Writ-petitioner respondents filed the writ petitions calling in question the action of the Land Acquisition Officer and a Magistrate First Class (respondents No. 6 and 7 in the writ petitions) in forcibly e..

Category: Property Law | Date: | Hits: 64