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Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......979) 146. ......oper and legal? 6. Issue Nos. 1, 2, 3 and 4 were not pressed at the time of hearing. The learned Subordinate Judge answered Issue No. 6 In the affirmative and issue No. 7 in the negative. On the evidence, both oral and documentary, on the record the learned Subordinate Judge held the Railway au..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....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 ......-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ...... was not found to have been in possession within 12 years prior to the, filing of the suit. Mr. Serajuddin Ahmed has submitted that this decision of the learned Subordinate judge is entirely. without evidence in that no evidence was recorded in this suit but it was decided on preliminary, issues, it..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 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. ......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......, by serving notice of annulment, by beat of drum and also filing a Rent Suit against one Keshab Ch. Das, a sub-tenant under the plaintiffs. The learned Subordinate Judge on consideration of the evidence both oral and documentary held that the sale was invalid having been held in contravention ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 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. ......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......, by serving notice of annulment, by beat of drum and also filing a Rent Suit against one Keshab Ch. Das, a sub-tenant under the plaintiffs. The learned Subordinate Judge on consideration of the evidence both oral and documentary held that the sale was invalid having been held in contravention ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......sp; ......tsea Steamship Company Limited reported in 1912 Appeal cases page 1. In the said case the question arose as to whether the Arbitration Clause found in the charter party was applicable to the contract evidenced by the bill of lading and to disputes arising between the ship owner and the holders of th..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....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. ......nd 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. ......ot justified in forfeiting a re-cognizance under Section 502 of Act X of 1972 unless the party charged with a breach of the peace has had an opportunity to cross examine the witnesses upon whose evidence the Rule to show cause why the rc-cognizance should not be forfeited has been issued. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......5 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......of the same mouza was seized. Anyway, as the dispute was relating to land the learned Magistrate ought to have converted the case into a case under section 145 Cr.P.C. and, on production of evidence of the parties he ought to have decided on the point of possession. He ought not to have ma..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....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.
.......- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......aintiff's service was inchoate or that the plaintiff had been serving all these years, in advance, as a condition precedent for his appointment.
13. However, from the documents exhibited and evidence led in the case it is not clear whether the plaintiff was appointed for an indefinite perio..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......n part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
...... appellant and to realise compensation in respect thereof, the impugned notice and order were with lawful authority. Learned Counsel has submitted that the appellant having failed to produce any evidence to show that the appellant had some right to manage the disputed properties as debuttor pro..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....ode. 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 perverse that grave injustice or hardship would result, therefore, i......s also Reported in: 31 DLR (HCD) (1979) 407 ...... of the Code of Civil Procedure in a Proceeding under section 24 of the Non-Agricultural Tenancy Act and also misdirected himself in exercising the jurisdiction by omitting to read the evidence and construing the same in its true perspective. 6. Mr. Kaiseruddin Ahmed, the learned..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......a Murguba Khatoon..............................Petitioner Vs. Dewan Shahifur Reza Chowdhury & another...........Respondents Judgment August 29, 1977 Result: The rule in Civil Revision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 2...... discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record is sufficient— No need for Remand Where the evidence on record is sufficient the appellate Court is competent to determine the suit finally and ..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)
.... 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. .......- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... 5. Mr. S. R. Paul, the learned Advocate appearing for the plaintiff-appellant has submitted that the learned Judge erred in rejecting the plaint outright without allowing the plaintiff to adduce evidence in this regard. He has further contended that under the President's Order No. 27 of 197..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......he Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......1.74 for ex-parte disposal of the suit. The suit was taken up for ex parte disposal on 3.1.74 and after examination of a witness on behalf of the appellant and admitting certain documentary evidence the suit was decreed ex parte. 3. Defendant No.1 filed an appeal being Other Appeal No..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......ioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. La......n the earlier decision of Arbitration Case No. 1836 of 1972 relating to similar land of the case mouza acquired in the self same L.A. Case, in support of their case. The Government did not adduce any evidence, nor file any paper in support of their case. 5. The learned Arbitrator relying upon t..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....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. ......ul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment ......atory injunction against him is not maintainable, it has been further contended by him. 6. The learned Subordinate judge having considered a huge number of documents filed by the parties and the evidence of 5 witnesses examined by each side held that the suit was quite maintainable, that there ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
....beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......n the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......, Preventive detention has been considered by the House of Lords in the case of Liversidge Vs. Anderson (1942 Appeal Case, 206) as a detention of a person without trial in such circumstances that the evidence in possession of the authority is not sufficient to make a legal charge or to secure the co..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....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. ......n: 30 DLR (HCD) (1978) 75. ......se. Mr. Chowdhury raised no other point in this Rule, On consideration on materials on records, it is evident the learned District Judge considered all the relevant questions in the light of the evidence on record upon application of law governing the question. In the circumstances, Mr. Chowdhu..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......t there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ...... basis of the C.S. Khatian. 8. Mr. Khandker Mahbubuddin Ahmed, learned Counsel, has submitted that the learned Additional District Judge having come to the finding on a consideration of the evidence and the circumstances of the case, on reversing the finding of the trial Court that the pla..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ...... Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ...... an application for revocation of the probate, and that the maintainability of such an application ought not to have been rejected summarily without giving opportunity, to the petitioner for adducing evidence in the matter. In support of his contention that the creditor who alleges fraud has got loc..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
...... Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
...... of construction per sq. foot and then on arbitrary determination of cost of porch, garage, servant quarters etc. it arrived at a figure Rs. 1,75,000 00. This figure was arrived at without taking any evidence. Nobody appeared before the Beard nor any witness was examined and no-further enquiry was c..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
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