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Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....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. ......1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ...... sent up for trial after investigation by the police under sections 379 and 465 of the Penal Code. The case was being tried by a Magistrate, first class. On a number of dates fixed for hearing, no evidence was produced by the prosecution. As the prosecution failed to adduce any evidence in spite..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)
.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ...... Court High Court Division (Civil Appellate Jurisdiction) Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others..............ce in the father's family as daughter than as the wife of the domesticated son-in-law on the basis of contract with her father and his son-in-law (her husband) pro-defdt No.3 as apparent from the evidence of P. W. 1 to 4. In Hindu Law by Gopal Chandra Sarkar, Sastri, 6th edition at page 614 the ..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)
....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. ...... no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......ic, Sub-Divisional Engineer, and the two petitioners namely, M.A. Khaki-mullah and Abdul Hakim, Sectional Officers, to the Second Screening Board,. The Second Screening Board after considering of the evidence recorded by the Board found the two Sectional Officers guilty of the charges and recommende..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... 30 DLR (HCD) (1978) 161. ......e suit land as pathway. Hence they are entitled to retain the same right which has been acquired by them by long user". 3. In reaching this conclusion the learned Munsif considered the oral evidence of the parties. The oral evidence adduced by the defendant, according to the learned Munsif..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ...... K.M. Subhan J A.T.M. Afzal J Adamjee Jute Mills Ltd., represenled by its Mill Manager of Mill No.1, Adamjee Nagar, Dacca........................Petitioner-Appellant Vs. Abdul Matin & others......................Opposite Parties Judgment June 22, 1977. Result......e said act, provided for the power and procedure of Commissioner and it vests the Commissioner with the power of a Civil Court under the Code of Civil Procedure only for the limited purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of docum..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......e party Judgment June 21, 1977. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Expre......iedly barred if a Statute creates a new offence or a new right and prescribes a particular penalty or a special remedy is provided by the statute, la such a case no other remedy can in the absence of evidence of contrary intention, the remedies available under the Code of Civil procedure be resorted..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ral and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ce the materials have been placed to justify an action of arrest and detention, judicial review by the court has already been attracted and the court cannot, but be influenced in its decision by that evidence.
After the aforesaid decision the law was amended as has been noticed by Ordinance II ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....ore than one year and as such the said deed was compulsorily registrable under the provisions of the Registration Act; and that the said deed of agreement being an unregistered document was inadmissible in evidence. Learned Counsel has further contended that the agreement for the tena......owed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......r and as such the said deed was compulsorily registrable under the provisions of the Registration Act; and that the said deed of agreement being an unregistered document was inadmissible in evidence. Learned Counsel has further contended that the agreement for the tenancy having provi..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......ent and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......from the Jetty shed under clear receipt and without any protest, these defendants were not liable for any of the claims made against them. 5. The Trial Court framed seven issues and after taking evidence, both oral and documentary, decided the case in favour of the appellant and decreed th..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ...... was not binding on them and there could be no adverse possession of the suit land by dint of the said patta at least as against the contesting defendants No. 1 and 6. 3. On consideration of the evidence on record both the Courts below came to a concurrent finding of fact that the plaintiff had..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......mation and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ...... a bailable offence. His prayer for bail was rejected. His detention in custody in a bailable offence was wholly illegal when there was no allegation that the accused would abscond or tamper with the evidence. The reasons given for the refusal of bail has also surprised us. The order sheet of the ca..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......of the return the Income Tax Officer may make the necessary assessment under sub-section (1) of section 23 of the Act without requiring the presence of the assessee or the production of any evidence, if he is satisfied that the return filed by the assessee is correct, but if he is not so s..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ...... at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......ention of the petitioner is that the Labor Court acted indexes of the jurisdiction vested in it, in holding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in fact the notice for the petitioner was actually posted by..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......ers is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......se of more than 6 months. If appears that after cognizance was taken, the case was transferred to the Court of a Magistrate, 1st class, for trial and after several adjournments the case was fixed for evidence when the complainant filed the petition of complaint before the Sub-divisional Magistrate. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......bsp; ...... learned Judge on August 15, 1966 holding that the Court has jurisdiction to entertain the Suit in its Admiralty Jurisdiction. Thereafter, the trial of the suit was taken up when both parties adduced evidence. Issues 2, 3, 4, and 5 were not pressed at the trial. 9. On the issue as to whether th..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ......so Reported in: 30 DLR (HCD) (1978) 417. ......rs and the omission of the words "including the transferee" in the second category may well have been inadvertent and unintentional. Section 96 of the Act itself carries intrinsic evidence of such inadvertent omission. Section 96(5)(a) deals with the priority of right o..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......s that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......sment but it comprises all proceedings on which the assessment order is based and the Income-tax Officer is entitled for the purpose of exercising his jurisdiction under section 35 to look into whole evidence and the law applicable to ascertain whether there was an error.
If he doubts the writt..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ......any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ......ahman and the Naik produced before him the seized articles. He accordingly prepared the seizure list ext. 2. P.W. 9 stated that he investigated the case and submitted charge-sheet. These are the evidences that were produced by the prosecution. 5. We have heard the learned Advocate who poin..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ...... ......21 (A) in dispensing with the services of the plaintiff resulted in depriving the plaintiff not only from defending himself against a major charge but also from satisfying the authorities by adducing evidence to the effect that there were sufficient causes for absenting himself which might have foun..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......Appellate Jurisdiction)
Present:
Sayed Mohammad Mohsen Ali J
Faizul Islam Chowdhury J
Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant
Vs.
The Province of East (Now the People's Republic of Bangladesh) and
others...........................ear that the Sub-divisional Controller, Civil Supply, Chittagong, wrote to the plaintiff that the question of agreement by the plaintiff to any rate did not arise as the plaintiff did not produce any evidence before the Sub-Divisional Controller showing plaintiff's procurement price as ordered b..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
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