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Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....e Munsif, 1st Court, Dacca in T.S. No. 138/65 was found by the learned Subordinate Judge to have stood in the way of this suit. Hence the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant cl......ame title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.” This law is called res judicata. Fundamental principle of res judicata is that a case which has been decided by ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 16, 1978. Result: The appeal is dismissed. Cases Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN 29 16 DLR, 582 Lawyers Involved: B.B. Roy Chow......osition of the purchaser. The sale was confirmed on 13 9.55 and no appeal against it was preferred to the Commissioner under section 2 of Act Vlll of 1868. The Act, it may be noted, is also called the bengal Land Revenue Sales Act (1968) and it has amended section 25 of the Sales...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....he Appeal is dismissed. Cases Referred to- Monendra Nath Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; 23 CWN 37; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN ; DLR, 582 Lawyers Involved: B.B. Roy Ch......osition of the purchaser. The sale was confirmed on 13 9.55 and no appeal against it was preferred to the Commissioner under section 2 of Act VIII of 1868. The Act, it may be noted, is also called the bengal Land Revenue Sales Act (1968) and it has amended section 25 of the Sales...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....affirm the affidavit, it appears that the deponent has affirmed the affidavit as Manager of Canopus Shipping Agency who managed the vessel concerned on behalf of the owner (defendant No. 2) and has also been looking after the case. Now, rule 51 of the Appendix 5 of the Original Side Rules of this co......the ship owner (defendant No.2). For a proper consideration of the question raised by Mr. Shahabuddin Ahmed, it is necessary to refer to section 34 of the Arbitration Act, 1940 (hereinafter called the Act) which reads as follows:- 34.“Where any party to an arbitration agreement ......t was alleged by the plaintiff that due to the delay in arrival of the ship, gross negligence, conspiracy and collusion on the part of the principal defendants the plaintiff had suffered considerable loss. The price of salt imported by the plaintiff had gone down from Taka 107/- to Taka 60/- between..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....lip;……Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. L......vided that, in the case of High Courts not established, by Royal Character, such appointment shall not be without the previous sanction of the Provincial Government; (2) Persons so appointed shall be called "District Delegates.” 6. On a comparative analysis of the provisions referred......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....shid and others..............Petitioners Vs. The State................................................Respondents Judgment December 15, 1977. Result: The Rule is made absolute. Cases Referred To- Empress Vs. Nabln Chundiu Dutta I.L.R. Cal. Volume IV page 865;......g of the Sessions Judge under Section 514 were without jurisdiction as he had before him neither any proof that the bail bond had been forfeited nor did he record the grounds for such proof before he called upon the petitioners to show cause why the penalty of the bond should no be paid, Another cas......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....h its Vice-Chancellor and the Registrar, University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts wh......satisfied as to the antecedents of an intending employee and may collect information from any source or cause any enquiry in that regard. The process of verifying antecedents of an employee cannot be called a punitive proceeding requiring the employer to give a reasonable opportunity to the employee......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... Vs. Md. Khorshed Ali and others…………….....................Opposite Parties Judgment November 17, 1977. Result: All the rules are made absolute. Cases Referred to- Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals ......mitation on our revisional power under section 15 of the Code. Ordinarily erroneous decisions of facts are not revisable, but the exercise of the High Court's revisional jurisdiction is called for in the cases where decisions are based on no evidence or inadmissible evidence or are so ......Ibrahim Hossain, the petitioner and tadbirker, was suffering from illness 3/4 days before the date of peremptory hearing of the original Misc. Judl. case and the petitioners have suffered irreparable loss by ex-parte order. 3. Pre-emptor Opposite party No.1 contested the cases by filing written..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....ioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with Md. Joynal Abedin, and Mozammel Haque Khan, A......h retrospective effect is without jurisdiction and without any lawful authority; and that the oil storage tanks having no letting value and the same also being movable temporary structures, cannot be called holding as defined in the Act and the Rules, the orders of reassessment on the revised valuat......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....nsidering the statement and after further enquiry may by an order determine the amount of costs that the tenant is entitled to recover from the landlord and the tenant may thereupon deduct the amount so determined from the rent or otherwise recover from the landlord…………&h...... would like to remind them of the relevant provisions of law in remanding a suit for rehearing. Now, Order 41, rules 23, 24 and 25 of the Code of Civil Procedure (hereinafter called the Code) which deal with the remand of a case by an appellate Court read as follows: Ru......epairs or for taking any measures referred to in sub-section (1) is so urgent that any delay involved in the procedure referred to in the said sub-sections is likely to subject the tenant to personal loss, damage or serious inconvenience, the tenant may himself cause the notice referred to in sub-se..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... Bangladesh Match Company, has infringed the plaintiff's registered trade mark by manufacturing and selling safety matches using the mark of a horse with the design, appearance and general set-up so nearly resembling the plaintiff's trade mark that it is likely to deceive or cause confusion ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......e defendant has applied before the Registrar of Trade Marks for registration of their trade mark 'Chand Ghora' an order of temporary injunction would cause serious dislocation and irreparable loss to The defendant and the plaintiff's prayer for the injunction should he rejected as the de..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....ub-letting the land. According to the Agreement between them made on 23. 5. 69, defendant No. 4 paid to defendant No.1 an amount of Rs. 1, 10.000/- as rent in advance for the proposed sub-lease and also agreed to pay yearly rent to defendant No.1 at the rate of Rs.1, 600/- per month for the first 10......oked the cancellation of the lease by Defdt. No.2. Moreover, when the plaintiff was holding a Power of Attorney from the defdt. No.1 it is quite natural that he would require these papers. He himself called for some of these papers under his letter Exb. A. As to statement in the draft Agreement of p......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
.................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. Result: The rule is made absolute. Cases Referred To- State of Madhya Pradesh Vs. Bhailal Bhai. AIR 1964 (SC) 1006 A.......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ...... trouble starts. On 16-8-76 the petitioner received a memo from the Chairman, Chittagong Pourashava by which he directed him to show cause within 3 days of the receipt of the said Memo. As to why the losses accrued to the pourashava due to the surrender would not be realized from the petitioner and ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....t and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption………….......ury has failed to point out that the learned District Judge acted illegally or with material irregularity in the exercise of jurisdiction in making the impugned order. Accordingly, no interference is called for in revision. For the reasons stated above the Rule is discharged with costs assessed......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposal of the appeal, are that an area of 2.55 acres of land belonging to the......ointed to determine compensation under Act XIII/ 48 is designated 'as 'Arbitrator'. Therefore, to avoid any confusion the Court constituted under the Land Acquisition Act should be always called the L.A. Court, the Tribunal constituted under the T.I. Act should be referred to as the Trib...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circumstances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother deceased Lutfar Rahman was shot dead in his courtyard at about 8-3......t Abdul Rahman and another named Amirullah. Being aggrieved thereby the appellant moved a petition before the High Court Division under Section 561A of the Code of Criminal Procedure (hereinafter called the Code) for quashing of the proceedings of the aforesaid G.R. Case on the ground that the......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....y belonged to plaintiff father ate Nabin Chandra Kar, a pleader of Maulvibazar, who used to reside in the same with his family till death. After his death the residential house devolved upon his only son and heir Nikhil Chandra Kar, a practicing lawyer of Maulvibazar, who migrated to India in 1358 B......ed enemy property as the owner is an Indian National. The plaintiff lives with her husband in the tea garden who is garden employee. The plaintiff with a view to grab the suit land has created the so-called memorandums in collusion with her husband and brother. The plaintiff did not reside in the su...... right for more than 12 years. But still the S. D. O. does not accept the plff's claim and the plff. is threatened with eviction from the premises. Such actions will cause immense and irreparable loss to the plff and her family. They will be virtually thrown into the wilderness. With these alleg..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
..............................Petitioner Vs. Government of Bangladesh and others.......................Respondents Judgment June 29, 1977. Result: The Rules are made absolute. Lawyers Involved: Amir Hossain Khandker, Advocate—For the Petitioner. M......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......ole circumstances showing that the petitioner had no hand in the occurrence excepting that he being a petty officer carried cut the order of his superior officers and as a matter of fact no financial loss in fact occurred to the department. In support of his defense the petitioner also referred to t..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....ted in 28 DLR 252, to which one of us was a party. 6. The proposition of law as advanced by Mr. Shahid Alam, the learned Advocate, cannot but be accepted. The facts, however, as we have traced a so glaring that to allow this Rule would mean maintaining a patent injustice to the opposite party, ...... an application under order 9, rule 13, was filed by the said Government Pleader. In the first two paragraphs of which it has been stated: “(1) That in the original suit statement of facts was called from the Circle Officer (Revenue) concerned but the same was not received by the office in du...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....p;………Petitioner
Vs.
Secretary, Sonali Jute Mills Workers Union, & others..........Respondents
Judgment
June 24, 1977.
Result:
The rule is made absolute.
Cases Referred To-
Bangladesh Fishermen's Co operative Society Ltd. Vs. The Ch......rt (section 35). Present dispute was not raised as an industrial dispute and as such it cannot be termed as industrial dispute within the meaning of enactment. Nor the present agreement could be called settlement because settlement has been defined in clause (xxiv) of sec. 2 which pro......d by the Court on 25-7-73. The learned Labor Court on consideration of the facts and circumstances of the case came to the conclusion that the workers union, the first party, would suffer irreparable loss if the temporary injunction is not granted and also noticed the contention of the 2nd party tha..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
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