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Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......anded from him alone the entire debt which rose to Tk. one crore fifty nine lacs and some odd by this time, by addressing a letter to him by name. 6. The learned Single Judge on consideration of evidence, oral and documentary, dismissed the petition on the following findings : the petitioner st..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
...... District Magistrate to advise investigating Officers of Martial Law cases, transferred the case to the Summary Military Court for disposal. On receipt of the case the Summary Military Court recorded evidence of some witnesses against accused Abdullah but on perusal of the evidence the Summary Milit..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
...... District Magistrate to advise investigating Officers of Martial Law cases, transferred the case to the Summary Military Court for disposal. On receipt of the case the Summary Military Court recorded evidence of some witnesses against accused Abdullah but on perusal of the evidence the Summary Milit..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......e case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......ecision in the case of Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231. In that case the party was present in Court with witnesses on the date of hearing. The learned Magistrate did not record the evidence of the witness. On the other hand, he dropped the proceeding on the ground that the case wa..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......ellip;.......Appellants Vs. Nurul Islam & others.........................................Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in......mption of the mortgagor was extinguished…….(10) In the present case the plaintiff's equity of redemption was extinguished for his own default to pay arrear rent and there is no evidence to show that the mortgaged property was collusively or fraudulently sold out for any defaul..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......e appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......witnesses. The denial of such opportunity would render the trial ineffective for violation of the principles of natural justice. The domestic Tribunal, If not so prescribed by the rules, may act take evidence strictly as required by the Evidence Act. It must, however, be remembered that "the law req..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......th if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ...... or Assistant Chemical Examiner to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under the Code, may be used as evidence in any inquiry, trial or other proceeding.” The report of the Chemical Examiner ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......sed persons namely, (1) Chand Mia (absconding), (2) Shamsuddin (in custody), (3) Abulal (in custody), (4) Kanchan (in custody) and (5) Rouf (in custody). The Martial Law Court on consideration of the evidence convicted all the accused under section 302/34 B.P.C. and sentenced them to suffe..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......diction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others………&hel......objection is filed to the inquiry report within the time so allowed, the Court may proceed ex parte with disposal of the application after taking into consideration the said report and other material evidence on record, and (d) where the report referred to in clause (b) is not submitted, or whe..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......pril 21, 1978. Result: The appeal is allowed. Cases Referred To- Sm. Jobeda Khatun and another Vs. Hazi Mohammad Ibrahim and other, AIR 1957 Cal. 360; Probodh Chandra Barman, Managing Director, Tripura Modern Bank, Chittagong Vs. Messrs Abdul Rahman, Abdul Gani and others (1960) ....... The learned Munsif found that Sankar Prosad Roy did not lease out the suit plots to the plaintiffs and the plaintiffs did not acquire any title by adverse possession, but as there was some reliable evidence for the plaintiffs possession for 3 years, 1366 to 1368 B.S., the suit was decreed for khas..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ...... however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......es accepted this contention of the assessed and reversed the decision by their order dated 14.9.70 and held that the incomes of the two firms should not be tagged together observing that there was no evidence that the businesses of the two firms were interlaced 'and interlocked. There when asses..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......ite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting th...... to them by registered kabalas and possession was also delivered to them and since then they have been in possession of the suit property and residing there with their families. Certified copy of the evidence of P. W. 1 has been produced before me by the learned Advocate for the petitioner. By the p..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......f law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......ry beginning and remained so accepting some amendments In 1923. It may be at once noticed that the amendment was dope in 1923. In sub-section (4) when the legislature had added "receive all such evidence as may be" In place of the former explanation "receive the evidence". Then c..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ...... law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......ry beginning and remained so accepting some amendments in 1923. It may be at once noticed that the amendment was done in 1923. In sub-section (4) when the legislature had added "receive all such evidence as may be" in place of the former explanation "receive the evidence". Then c..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ...... ......dents Judgment March 22, 1978. Result: The appeal is dismissed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sha..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......................Respondent Judgment March 21, 1978. Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury...... limitation. 4. The learned Munsif dismissed the suit after finding that the C.S. record (Ext. 2) indicated that Jasmat Sardar has acquired a tenancy right in the suit land and that there was no evidence that during his life the land was taken back from him and given to some other persons as bo..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....tent with the terms of the document. 10. In case of Balkishan Dash Vs. Legge 27, I.A. 58 it is held that in construing a document oral evidence of the intention of the parties to the document is inadmissible. Section 91 of the Evidence Act excludes the admission of oral evidence for p...... Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment M.H. Rahman J.-This appeal, by the plaintiffs, is directed against the decision of the learned Subordinate Judge, 1st Court, Faridpur in T...... plaintiff No. 1 sold away his interest in the land to the added plaintiffs 2 and 3 the plaintiffs were not entitled to any relief. 4. The learned Munsif dismissed the suit after considering the evidence on the record. He held that Ext. B, the patta, was a lease for 20 years from Poush 1367 to ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......peal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......#39;. It is upon such dissolution that the assets, right, liabilities, officers, employees of the dissolved Council shall stand transferred to the newly established Council. In this case, there is no evidence whatever that the Government has established any Council under the Ordinance.
9. Mr. S..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......ourt Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: ...... subject to the approval of the general meeting and if found necessary. The assertion in the plaint is that no election took place which certainly raises a question of fact which has to be decided on evidence in the suit itself. Reference in this connection may be made to article 107 of the articles..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......di to raise an industrial dispute for cancellation of the order of transfer. His other ground is that the finding of the Labour Court that the order of transfer is mala fide is absolutely without any evidence but is based on mere surmise and conjectures. As to the judgment of the Appellate Tribunal,..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
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