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Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....ely state his opinion that poison was detected. He must state the grounds on which he arrives at the opinion. Section 51 of the Evidence Act states that whenever the opinion of an expert is relevant, the grounds on which such opinion is based are also relevant and that an expert may give a......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. ...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ......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. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....istrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpose whatsoever". It is clause (a) which is relevant to the case before us. The amended Regulation No. 293 A enables the Chief Martial Law Admin......ddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by respondent No. 6 Major General Ziaur Rahman for election to the office of Presid......he Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by re......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....n, Martial Law Regulations and Orders and other orders shall have effect notwithstanding anything contained in the Constitution."Clauses (d) & (c) of the Proclamation dated 20.8.75 which are relevant in this case are quoted below: “(d) this Proclamation and the Martial Law Regula......s questioned the propriety of the authorities in allowing the people a very short lime for the election and has stated that hardly "600 hours" time from the time of acceptance of nomination papers has been available Jo the candidates to canvas for votes and the voters to make their choice.......Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) Moniruzzaman Lasker.............................Petitioner Vs. Election Commission of Bangladesh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Resul......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....hstanding anything contained in the Court Fees Act, 1870, bear a fixed Court fee of rupee one. (13) For the purpose of an application, appeal, review, revision and consequence of non-appearance, relevant provisions of the Code of Civil Procedure, 1908, shall mutatis mutandis apply." 7......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 ...... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......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 ..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. ......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. ....... This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......uit land from 1366 B.S. He held that as no cross objection was filed by the plaintiffs they were estopped from agitating any point with regard to title or adverse possession. From the defendant's documents Ext-C-C(I), the sale certificate, Exts. D and D(1), writs of delivery of possession and Ex..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ...... 2. The appellant as plaintiff filed the suit and put his valuation at Rs.234/-. Summon were issued on the defendants who filed written statement which was accepted on 10.4.63. Parties filed their documents and issues were framed on 13.6.63. Case was opened up on 20.1.64. On that date on a perusa..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....m Restaurant. Thus these two separate business concerns came, into being and started carrying on business, under the same partners whose share-allocations in both the firms remained the same. For the relevant assessment years these two firms submitted separate returns of their income, but the Income......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 ...... Tubewell Company……………..Respondent Judgment April 14, 1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two firms should be tagged together ......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 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....;s allegations have been fully answered and the University's case stated in paragraph 8 thereof which will be useful to reproduce here: “It is slated that during the continuance of the relevant course, the then Chairman of the Department, M. A. K. M. Shamsul Alam due to certain diffic......ner was a regular student for Master's Degree in Library Science of the University of Dacca for the academic year 1973-74. Admittedly, the syllabus for the said Master's Degree consisted of 8 papers and the 8th paper was as follows: VIII(A) In-service training in any approved Library fo......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....riminal Procedure "ample powers to take appropriate preventive measures relating to the same" is unfortunately vague because in the matter of likelihood of breach of peace over property the relevant section is 145 only end in the matter of breach of peace or disturbance of public......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 ......bsp; ......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 ..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)
....riminal Procedure "ample powers to take appropriate preventive measures relating to the same" is unfortunately vague because in the matter of likelihood of breach of peace over property the relevant section is 145 only end in the matter of breach of peace or disturbance of public......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. ......bsp; ......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. ..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. ......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. ...... Court High Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Dr. Jamiar Rahman Asia Bibi..........................Appellant Vs. Tajuddin Sikder and others............................Respondents Judgment March 22, 1978. Result: ...... to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. The inferences drawn from documents as to the absence of hostile title and ouster of a co-sharer are questions of facts, and t..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. ......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. ...... 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 and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ......enerally known as adhi, barga or bhag cultivates the land of the produce to that person, is not a tenant, unless (i) Such person has been expressly admitted to be a tenant by his landlord in any documents executed by him or executed in his favor and accepted by him, or (ii) he has been or ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......action is a sale or a mortgage the court must find the substance behind the form, but where the oral evidence is unreliable and contradictory the court can not depart from the written evidence of the documents. 14. Mr. Khaled, has tried to bolster up his case by submitting that Ext. B does not ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....e of an office or branch with the prior approval of the Governor in the case of other employees.” 6. Mr. S. R. Pal, learned Counsel appearing for the appellants after placing the relevant Regulations in support of his contention that Regulation 12(ii) was wrongly applied to......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For Respondents 1 and 2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civi......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......oner is that an election was held on 19-1-77 in which he and respondent No. 2 contested for the office of Chairman. Immediately on the close of the poll in three polling stations of the Union, ballot papers were counted in presence of the parties and the Presiding Officers recorded the results of th......Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Abdul Aziz................................Petitioner Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. ......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....bmitted that the resolution which was passed on 18-8-77 was not in the agenda with which we are presently concerned. We have already quoted the Agenda while enumerating the details of the plaint. The relevant portion of the Agenda to which emphasis has been laid in support of the proposition of Mr. ......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 ......sion (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: The appe......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 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....Hosiery, imported on a valid import license 1008 Lbs. of Nylon yarns in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other relevant papers necessary for the release of the imported goods the documents he had received from t......imported on a valid import license 1008 Lbs. of Nylon yarns in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other relevant papers necessary for the release of the imported goods the documents he had received from the sender......No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner ...... in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other relevant papers necessary for the release of the imported goods the documents he had received from the sender's end were lost from his custody. He reported the inci..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....tial failure of the Railways Authorities to execute the direction of the Government in accordance with Rule have given rise to this petition. Before we proceed to enquire into the matter we quote the relevant rules from the Railway Establishment Code: “2433(a) Resignation of the Public Se...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The ru...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....e republic. There is no dispute that the petitioner is a person in the service of the republic and is entitled to the protection of Constitution. Article 134(2) of the Constitution which is relevant to this case is quoted below:- “No person shall be dismissed or removed or reduc......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 2......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....e republic. There is no dispute that the petitioner is a person in the service of the republic and is entitled to the protection of Constitution. Article 134(2) of the Constitution which is relevant to this case is quoted below:- “No person shall be dismissed or removed or reduc......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ...... Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
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