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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. ......s 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 appointed an ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....quot; affixed below the peon's report and countersigned presumably by the presiding officer of the Court on 27.7.66, it appears that the service of notice upon the aforesaid parties was accepted as good service. But notwithstanding this, it appears from the records that notice by registered post......rned Munsif ought to have held that the remedy of the petitioner Parul Bala, if any, lay in a properly framed suit in an appropriate forum. 6. As regards the first point, it appears from the records of the proceeding under section 151 of the Code of Civil Procedure, particularly from the p......from the peon's report dated 26.7.66 that the notice of the proceeding was directly served upon the opposite party No. 1 Habibur Rahman Molla (OP No. 2 in the present petition) by the peon and the service of notice upon the opposite parties Mofazzal Molla and Abul Hossain were effected by hangin..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. ......lice investigated the case and submitted charge sheet against the appellant and two others. 3. Meanwhile, on 7th September, 1966 at 00-30 hours a GD Entry, Exhibit 4 was made wherein it was recorded that Sharifunnessa, wife of Abul Hossain and the cousin of Asadur Rahman of Munshiganj fie......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. ..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. ....... 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 Commissioner, Workmen's Compensation arrived at a finding that the place of acc......ot suffer permanent disablement nor was his earning capacity reduced in any way. The respondent contended that a sum of Rs. 300.00 was paid to the appellant after he sustained the injury though no service was rendered by him thereafter. The respondent, therefore, contended that the appellant was..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. ......sted by defendant No. 18 who filed the written statement. His contention, inter alia, is that all the lands excepting the homestead had been partitioned by metes and bounds and the cadastral survey record was prepared accordingly and that Raj Kumar Basak, predecessor of defendants 18 to 21 purch......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
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. ......2 will be bound by the said order in the proceedings under section 145 CrPC although he was not a party to it. The learned Subordinate Judge after careful consideration of the material evidence on record held: "They (plaintiffs) are brothers, no doubt, but there is nothing on t...... 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. ..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. ......esses for the prosecution and none for the defence were examined in the case. The opinion of the assessors was divided. The learned Additional Sessions Judge considering the evidence and materials on records convicted the accused on both counts and sentenced him to death under section 302 PPC and pa......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. ..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. ......or declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second party defendant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur, Plot No. 311 with the area of 66 acres. Kula Kamini as owner ......arned Subordinate Judge was first to accept the certified copy of the court below as valid document and to ascertain its true meaning instead of unreasonably becoming, suspicious about the process of service. Thereafter having scrutinised the supporting evidence he ought to have formed his opinion o..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. ......lu alias Mukhlesur Rahman is also guilty under section 302 read with section 109 PPC while one assessor has opined that his case is doubtful. After very careful consideration of the evidence on record and the surrounding circumstances of the present case, I am inclined to agree with the opin......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. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... in the record 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......l is at the instance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in RS Khatian No. 258 appertaining to Jote No. 138 of Mouza Jalia Palong. 2. The p...... 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)
....sed. In the circumstances, we cannot persuade ourselves to assume that a prayer for adjournment was made in fact on behalf of the accused. The observations reproduced above, therefore, do not hold good in the present case. In this connection reference may aptly be made to the following observati...... December, 1967 AD at the house of Yasin Sheik. The First Information Report of the case was lodged by PW 1 Rahimuddin Sarkar, a neighbour of Yasin Sheik on the same day at about 4.30 PM which was recorded by PW 6 Mr Murtaza Ali, Sub-Inspector of Police attached to Kaligonj Police Station who wa......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. ..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:......plaintiff No. 2. It was further pointed out in the plaint that the defendant No. 1 or 2 never had any possession in disputed property after its settlement with the plaintiff though the PS Khatian has recorded the name of defendant No. 2. This entry in the PS Khatian clouded the title and interest of......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:..Category: Civil Law | Date: | Hits: 137
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... exclude the same set of persons to manage, control, regulate and monopolize the policy-making functions of capital- generating financial institutions, A textile manufacturing company is generating goods and it may not be immoral from the point of view of financial policy to allow the directors o......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)
....ngs of their principal companies. As such, he submits, section 25(3) ought to be interpreted to mean directors who are individuals and not nominee- directors. 22. The argument does not hold good. Section 25(3) does not on terms make any distinction between directors who represent their o......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)
..... 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. ...... of title was decreed. 2. The plaintiff-petitioners claimed settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS record was prepared in his name. While in possession, he sold part of the suit land to one Mokbul Ah....... 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)
....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. ......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)
....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. ......Porsha. 2. During the pendency of the suit plaintiff Nos. 9 and 19 died and the suit in respect of them abated after expiry of 90 days from the date of death. An order of abatement was also recorded by the learned Subordinate Judge, Naogaon, who was in seisin of the matter. 3. La......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)
....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. ......tan (Bishesh Bidhan) Ain, 1995, briefly, the Ain. 4. The victim Suma Chatterjee and accused Abdus Salam were arrested by the police on 25-4- 1997 and produced before a Magistrate on 26-4-1997 for recording her statement under section 164 of the Code of Criminal Procedure. The learned Magistrate ......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. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....s that the appellant ha already undergone the sentence till rising of the Court and for the last four years he has passed his days in agony. His promotion has been withheld for four years. He is a good judicial officer and his annual confidential report is otherwise unblemished. If the convictio......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. ......his annual confidential report is otherwise unblemished. If the conviction is allowed to stand then it will remain as a permanent blot in his career which will haunt him till the end’ of his service career. It will completely block his chance of promotion even though he would otherwise des..Category: Criminal Law | Date: | Hits: 75
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. ......n on 22-5-88 further notice was issued for joint survey. They came to know from the Ministry that in the joint survey report their possession in respect of the portion of Plot No. 202 had been duly recorded. 5. They received a notice dated 12-12-88 under the signature of the Executive En...... 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. ..Category: Property Law | Date: | Hits: 64
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