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Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....he subsequent suit. Both the learned lawyers have cited a great number of decisions in support of their respective contentions. We propose to consider some of those decisions which appear to us to be relevant to the questions before us. 5. Law as to res judicata has been laid down in section&nb......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 ......r Vs. Surjat Ali.......................Respondents Judgment January 20, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 621; AIR 1945 Bombay, 45 and 67, AIR 1935, Calcutta 72. 13 DLR 89; AIR 1945 Bombay, 45; AIR 1935-Cal-792;AIR-1929, Lah, 596; ......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 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... the following terms: “All the terms, conditions, liberties and exceptions of the charter party are herewith incorporated" and "subject to terms, conditions and exceptions of the relevant charter party dated Bombay the 14th July, 1977.” 7. Mr. Shahabuddin Ahmed has ac......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. ......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th......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. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
.... the filing Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support of the Rule has placed the relevant provision of law to contend that the learned District Delegate had no jurisdiction to enter......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......e is also Reported in: 31 DLR (HCD) (1979) 97 ......cation of the probate appears to be of substance. The rule is accordingly made absolute without any order as to costs. The learned District Delegate is directed to return the petition along with documents if any filed, to the learned Advocate for the applicants for presentation thereof to the a..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
....the earlier observation was reiterated and it was further observed that "No one can be condemned unheard" is one of the settled principles of law, and such a principle will be read into the relevant law unless its application is excluded by express words", Mr. Bhuiya has also referred......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.
......of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban......nnot be said that the plaintiff'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..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
.... Mr. Anwarul Huq Chowdhury.
10. Before we go into the discussion of the merits of the respective contentions of learned Counsel appearing for the parties, it seems necessary to refer to the relevant provisions of the law relating to enemy property and the powers of Custodian, Deputy C......r paragraph No.3 of the Order was the preservation and good management of the enemy property and not to render benefit to a class of the citizens of the country. It does not, however, appear from the papers which have been brought to the notice of the Court that by approving of the proposal to lease......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......notice, the appellant submitted a petition stating, inter alia, that he had been in possession of certain properties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter propert..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
.... 1963-64 to 1969-70 and in revising valuation of the petitioner holding at Godnail with retrospective operation. 14. So far as the assessments for the years 1963-64 to 1969-70 are concerned, the relevant impugned orders suffer from additional defect. It appears from the affidavit-in-opposition ......7-58 to 1972-73 on the ground that the valuations of the oil storage tanks were not included in the valuation of the holding and the same escaped assessment, The petitioner was not furnished with any papers along with impugned demand notice. The petitioner after obtaining certified copy of the asses......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
.... recover from the landlord…………….(17) Claims of set-off—Conditions-Not bared by limitations- Order 8, Rule 6 of the Code of Civil Procedure, 1908 The relevant provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the cla......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. ...... No. 345 of 1975 is 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 th......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. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....claim is barred by limitation. 4. The respondents have examined P.W.1 and also produced two cheque Muri books (counter foils) Ext. 1 and 1(a) showing collection of rents from the tenants for the relevant periods and also relied upon the earlier decision of Arbitration Case No. 1836 of 1972 rela...... 8. In cross-examination the witness stated "I had structures on. 14 acres" The witness however, denied the suggestion that he had no tenant at all and the receipt books are fictitious papers. On recall the witness stated that his tenant A. Malek and Abdul Mannan have put their respec......Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: Th......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. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....oting on this ground. In support of this contention he, has referred to a decision of the Indian Supreme Court reported in A.I.R. (SC) 1968, 147. It has been held there: “If a statement is relevant, an accurate tape record of the statement is also relevant and admissible. The time, place ......do the sale transaction whereupon defendant No.1, by his letter dated 16.6.73 informed the plaintiff that there was no contract for sale or no payment of consideration money whatever and that all the papers and documents, such as the Agreement for sale receipts for payment of consideration money wer....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul 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 No......tiff, an advocate of the High Court and a member of the Bangladesh Jatiya Leagaue, promised all necessary help and contacted different persons both at home and abroad in order to get necessary travel documents for defendant No.1. On 9.7.72 defendant No.1 went to Calcutta and started to live there as..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....ned District Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals are barred by limitation without applying mind to the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasm...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ......hellip;………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Prasanna ...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....circumstances of the case our brother Shahabuddin Ahmed, J concluded that the detention was justified. In that case, however, no argument was advanced in the form as has been raised now.
16. The relevant part of the rule 5(1) (a) necessary for the disposal of these rules is whether the power of......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.
......wara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners
Vs.
Govt. of Bangladesh and 2 others……………………………......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.
..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....lication in the facts of the instant case. 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 ques......f her deceased husband but not as an heir. There being a son living, she had no right of pre-emption as a co-sharer by virtue of such possession although he was recorded as a co-sharer in the village papers. Since the plaintiff having a right of pre-emption joined with himself in a suit for pre-empt......t High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Aseruddin Sk........................................Petitioner Vs. Serajuddin Talukder and others..............Opposite Parties Judgment August 9, 1977. Result: The Ru......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. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....es of the rental........ Though it does not create a title, it gives rise to a presumption in its support, which prevails until its correctness is successfully impugned". 11. The relevant entries in the settlement record of rights are that Faizuddin Haji was in occupation of the......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. ......order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......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. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....ve been promulgated under P.O 67 of 1972. Rule 7(1) stipulates that when the case has been, registered the "Board shall direct the agency to appear before it on a date to be fixed by it with all relevant records and witnesses if any." Sub-rule 2 (provides the Board) shall "examine the......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
......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
......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
..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... for a period of 20 years. Mr. Sultan Ahmed has contended that there is no provision for capitalization of the value of trees and that the compensation for the trees will be their market value at the relevant time. In support of this contention he has relied on a recent decision of the Supreme Court...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ...... Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Imp...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....emises in question or her possession therein comes within the mischief of 5(1) (a) of the then East Pakistan Enemy Property (land and buildings) Administration and Disposal Order, 1966. 3. Facts relevant for the disposal of the case is as follows: Plaintiff instituted the above suit and her cas...... 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. ......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp...... 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. ..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)
...., the learned Advocate appearing for the petitioners strenuously argued that the President's Order No.67 of 1972 having no manner of application, in a case where departmental proceeding under the relevant service Rules has already been completed, and disposed of to the satisfaction of the author......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. ......ed in: 30 DLR (HCD) (1978) 79. ......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. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....r Vs. Election Tribunal and Munsif, 2nd Court, Feni, Noakhali and another (1977)29 D.L.R. 111. 11. We have considered the submissions made by the learned Advocates of the parties and perused the relevant provisions of the Statute and the Rules and also the decisions referred to above, On carefu......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......m CJ M. H. Rahman J Md. Sharifullah…………………Petitioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another Khan Ataur Rahman (In Petition No. 209), Ashraful Huq……Petitione......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......om the Circle Officer (Revenue) concerned but the same was not received by the office in due time and as such written statement could not be filed in the suit. (2) That as the original connected papers were lying with the Circle Officer (Revenue) concerned no steps were taken by the local civil......his Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....such power is not available because the power must be conferred expressly. In this view of the matter the opinion that the power of issuing injunction by the Labor Court was not available because the relevant enactment has not conferred it.
5. In the result, therefore, this Rule must be made ab......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such or further order or orders as to this Court may seem fit and proper.
2. Facts givi......urt under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers of:-
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents and material objects; and
(c) issuing commissions for the examination of witnesses or..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
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