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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. ......st this unilateral change of the rate and contended that the tender agreement which was accepted by the defendant could not be unilaterally changed and particularly due to the fact that the work in question had already been undertaken and most of the work had already been completed. It was furth......Hakim J.- This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 4 of 1962. 2. The facts giving rise to this appeal may be stated as follows- "The defendant requir..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. ......puted lawyer of the Narail Bar, died in Agrahayan, 1363 BS leaving her as the sole her as she was the only married daughter capable of bearing a child. Accordingly, she inherited the properties in question from her father and has been possessing the same through bargadars. The alleged compromise......rain 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 liberty t..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. ......d did not give the power of Talak-e-Tawfiz to the wife. The wife asserted before the court that she had exercised her right of Talak-e-Tawfiz. Quite independently of the final determination of the question whether the marriage between PW 1 and PW 4 subsisted or not, the circumstances as disclose...... the police and got both Sharifunnessa and accused Golam Kader arrested and taken to the police station. He has claimed that Sharifunnessa is his legally married wife. 7. Two very important facts have emerged from the depositions of PWs 1 and 6. It is admitted by PW 6 that about 10/12 vil..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. ......g. What was however necessary to ascertain from a consideration of the entire materials on record was the effect of the accident and the consequent loss of the earning capacity. That is the crucial question in a case of this nature. The loss of earning capacity, however, should not be misunderst....... Judgment: Muksum-ul-Hakim J: This is an appeal under section 30 .of the Workman's Compensation Act, 1923 (hereinafter referred to as WC Act). 2. The facts giving rise to this appeal are as follows:—The appellant was a Bus Conductor under the ..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. ...... Nos. 527 and 530 of 1963. Judgment: Salahuddin Ahmed J: The Rules Nisi issued in these two petitions have been heard one after another, and as common questions of fact and law were involved in them, they are now disposed of under one judgment. ......We accordingly, make the Rules in both the petitions absolute and declare the impugned 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. ..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. ...... second appeal to this Court. 5. Mr. Moinul Huq, the learned Advocate appearing for the plaintiff appellant, submits that both the Courts below seriously erred in law in deciding the question of alleged self-acquired property of Raj Kumar Basak, inasmuch as they wrongly shifted the......the said initial onus has been proved by the plaintiff it is the defendant who wanting to prove that a particular property is a self-acquired property has to discharge the onus of proving the said facts. On this point reference may also be made to the decision in the case of Perumel vs Central G..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. ......imed by them, but they were not entitled to get khas possession of the disputed premises. 5. The plaintiffs' suit was decreed on 14.7.59 by the learned Munsif who found that the kabuliyat in question was executed without the knowledge and consent of the defendant 3 and the same was never ......n the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fraudulent and void document. 2. The short facts relevant to the case of the plaintiffs may be stated as follows: The bhiti land as de..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......oes not challenge the occurrence. It only asserts that the accused was insane on the date of occurrence and he committed the offence without knowing that it was wrong or contrary to law. 9. On the question of insanity the evidence of the local witnesses are divided. Amongst the local witnesses, P......ce No. 15 of 1970 and Appeal No. 563 of 1970. Judgment Abdul Hakim J.- This judgment will dispose of the Death Reference No 15 of 1970 and the connected appeal No. 563 of 1970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Joh..Category: Criminal Law | Date: | Hits: 81
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. ......statement made by the plaintiff whether it has any legal validity or not. If the plaintiff’s statement is that he received legal advice from his lawyer and it is found to be the correct view on the question of law, the failure of production or non-production of the lawyer who gave the advice is of......s hardly 2 months before the suit, the injunction in the Criminal Court was made absolute and the plaintiff’s case is that he was dispossessed thereafter. In this view of the matter, the finding of facts of the learned Subordinate Judge regarding the dispossession of the plaintiff cannot be distur..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. ......ence plea regarding 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 Jahi......er the charge for substantive offence of murder under sections 302/34 PPC. The learned advocate has therefor sought to point out that the accused appellant did not get sufficient notice of all the facts which constitute the offence of abetment of murder and, as such, they have been highly prejud..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......d others to vacate the said property. 5. The petitioners produced before us a certified copy of the deed of endowment dated the 14th of May, 1914 by which it is alleged that the property in question was endowed to Sree Sree Lakshmi Narayan Jiu Thakur. It has further been stated by the pet......of the Shebaits Samarendra Nath Bose is a Pakistani citizen and stays in Pakistan. The deity has been properly represented before us by one of its Shebaits and we are of the opinion, in the facts of the present case, that the property No. 3, Harish Chandra Bose Street could not be treated..Category: Property 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. ...... said right is not protected under the revenue sale law and they should be regarded as trespasser since the auction purchase of the jote. The plaintiff was thus constrained to institute the suit in question, as the defendants did not give up possession of the lands in suit in spite of repeated d......d of-rights, the question is a question of fact which cannot be agitated in second appeal." The principle of law as enunciated by Guha, J, in the said case fully holds good in the facts and circumstances of the instant case before me. Mr. Islam rightly contends that the said dec..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. ......as a result of the injuries she sustained. 8. The most important point, however, to be considered in this case is whether the condemned prisoner was the person who inflicted the injuries in question on the deceased. The prosecution must establish this fact beyond all shadow of doubt. For......n Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other overwhelming evidence to prove these facts. 7. The prosecution case rests upon the evidence of two eye-witnesses of the occurren..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:......urts below, after considering the pleadings and the evidence on record, found that the plaintiffs have been in possession of the suit property from the time of their lease on 7.3.47 and, as such, the question of limitation did not arise. It was further found by the courts below that the lease in que......onal District Judge, Chittagong, in Other Appeal No. 245 of 1966 where in the learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that th..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. ......be registered by the respondent No. 2 without a permission from the appropriate authority in view of the provisions of Ordinance I of 1964 and, accordingly, dismissed the appeal. This Ordinance in question, however expired on 31.3.1969 in view of the fact that its operation was limited upto that...... jurisdiction to interfere with the impugned orders under Article 98 of the Constitution is, in our view, clearly untenable, for, if by an erroneous view of the law or an erroneous assumption of facts upon which the jurisdiction of the court itself depends, the court has either usurped a juri..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... 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. ......ge to the operator for his alleged loss of business and the corresponding advantage and disadvantage of the travelling public. In the absence of any specified data it is very difficult to decide this question. Further, these are highly disputed facts concerning the general policy of guiding the inla......gistered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as IWTA, in the matter of granting time-table. 2. The facts relevant to this writ petition, as appear from the affidavits of the parties, are that the pet..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......No. 81 of 1970. Judgment A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order of a Magistrate of the 1st Class at Chandpur restraining the Compa...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....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. ......hat the matter rested with the letter dated 25-10-95 (Annexure-D) written by Bangladesh Bank to the petitioner company asking for full particulars of petitioner Nos. 2-5. Hence, there cannot be any question of allowing petitioner Nos. 2-5 to be in the Board of Directors of the petitioner company......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
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....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. ......lip;.. Respondent Judgment November 13, 1997. The Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The ..Category: Civil Law | Date: | Hits: 115
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. ......diction. Similar view was expressed in Azimomiessa vs. Rup Gazi and others, 39 DLR 6. 12. Although we need not go into the third point in the view we have taken with regard to the first two questions, it will be enough to leave some observation on this point as well. The instant suit is o......ntatives of the deceased have to be brought on record within a stipulated period. If they are not brought on record within such period, the action abates either wholly or partially depending on the facts and circumstances of each case. Sub-rule (2) of rule 9, allows an abatement to be set aside ..Category: Property Law | Date: | Hits: 72
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