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Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ...... order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......f the share of each individual contractee. The subsequent kabala by the Defendant No. 3 re-enforces the view that each one of them was holding equal share in the property, namely, 1/3rd share. No evidence was laid that the nature of the property is such that the purchaser would be bereft of ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....that this military review was legally inadequate to resolve these claims. 24. A very pertinent observation has been, made, in that the Rule that confessions obtained during illegal detention are inadmissible in criminal prosecutions in the federal Courts is applicable in those Courts only and d...... execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ...... Martial which tried the prisoners had jurisdiction over the persons and crimes charged and jurisdiction to impose the sentence witch the prisoners received, dismissed the application without hearing evidence. The decisions of the Courts below were affirmed in me Supreme Court by majority decision. ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......ds the holding of enquiry into the charges against the respondents found that the enquiry was not fair and proper. He, however, entered into the merits of the allegations against the Respondents upon evidence adduced before him. On consideration of the evidence in respect of negligence, the Labour C..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... with the provisions of verification rule is very weighty, because the purpose of verification of affidavit is to enable the court to find out which of the facts can be said to be proved by affidavit evidence of rival parties..... The essence of verification of is to enable the court to find out whe..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ...... on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......or Amatunnessa had sold only '3 decimals of land but the appellant fraudulently got inserted in his sale- deed an area of 28 ¾ decimals. 3. The Sessions Judge on consideration of evidence of 11 witnesses examined by the prosecution no witness having been examined by the defence,..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......ss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ...... unjustly excluded from management of the company, that there is a deadlock in the management and that the company has failed to pay its big debts to respondent No. 2 and these facts are supported by evidence and so must be taken as concluded. In the instant case attempt to exclude respondent No. 1,..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......preme Court High Court Division (Civil Appellate Jurisdiction) Present: M.H. Rahman J Nazera Begum..................................Appellant Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. ......eement is ambiguous and is not capable of being made certain. He has invoked section 93 of the Evidence Act and contended that as the language in the agreement is ambiguous and defective no evidence should be considered to explain its meaning or supply its defect. It was also urged that th..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......, 2 BLD (HCD) (1982) 17. ......o circumstances beyond his control and that the defendant had already performed 82% of the contract and the remaining 18% could not be performed. The learned Subordinate Judge on consideration of the evidence adduced in the case held, negativing all the contentions of the defence, that the defence p..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ...... not submit any written explanation but appeared before the Screening Board and denied the allegations made in the charge-sheet and made an oral statement. The Screening Board on consideration of the evidence of witnesses examined by it and other materials on record held him guilty of 3 (three) out ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......cordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......of filing of the complaint, Mr. A.W. Sarker, Magistrate, 1st Class, Sunamganj examined the petitioner and recorded her statement. He also examined 5 other witnesses and upon consideration of the evidence finding involvement of opposite-party No.1 and two constables and being of the view th..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......ed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......the shoes of Santi brothers by devolution of title, finds support from the deposit of the rent at that rate by the Respondents. It appears that it has been asserted both in the plaint and in the evidence that the plaintiffs requested the defendants to pay rent, which they promised to pay but di..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ...... In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......hall call upon the complainant to produce all his witnesses and examine them on oath. Whereas old sub-section (2A) was an enabling provision authorising the Magistrate enquiring into the case to take evidence, if he thinks fit, of witnesses on oath, the proviso to that sub-section introduced by..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......l is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......f we now turn to the findings of the learned Judges of the High Court Division on the basis of which the injunction has been granted we find that it has been clearly found by them by referring to the evidence of defendant that: "She was not in possession of the suit land but the petitioner..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......ecognised as a valid act or document. A reading of s.14 does not indicate any such prohibition or exclusion. Notarial act in foreign country having no reciprocal arrangement can be accepted into evidence if there is evidence to show that the person before whom the notarial act was done was a no..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ...... BLD (HCD) (1981) 56 ......uq Mondal who was a co-sharer in the holding in the benami of his wife Musammat Nurunnahar Banu. 4. The learned Subordinate Judge on consideration of the cases of the respective parties and evidence on record held that the application was not the barred and that Musammat Nurun nabar Banu, ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......ellip;. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md......e basis of an application made by the plaintiff and an order of conditional attachment may be passed even experte. It is, of course, to be borne in mind that it is difficult to produce any conclusive evidence before the Court to prove the intention of a party which is secretly conceived and sou..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ...... Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin—For the Opposite party. Civil Revision N......the Election Commission as well as against the defendant-petitioner in the conduct of proceedings subsequent to the holding of election on 14.1.84, and, as such, the parties should be allowed to lead evidence in the suit in support of their respective position and the plaint should not be rejected i..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......rst appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......is to be remembered that this order in substance is one of review, and that is quite apparent as this application was numbered as Miscellaneous case No 15 of 1972, and that after hearing and taking evidence on 19th May, 1972 time was extended to 30th June. 1972, and when the deposit was made on ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......ill be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......he suit, and so the defendant was entitled to half of the interest in the suit property. The other plaint allegation was denied. 4. The trial Court on consideration of oral and documentary evidence held that the brothers on the death of their father were joint in mess. Their father left p..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ...... in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ......t of price, freight and insurance charges as alleged. On these pleadings, the parties went on trial and the learned Subordinate judge on consideration of the respective cases of the parties, the evidence on record and the circumstances of the case decreed the suit of the plaintiff. Being aggrie..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
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