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Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... The added defendants in their written statement denied liability and stated, Inter alia, that the Customs authority detained the consignments on 20-4-57 and requested the Railway to hand over goods so that they might be seized. The railway, however, refused delivery on the ground that the matter h....... 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. ......d because of the procrastination of the Customs Department in settling the matter promptly. 9. The learned Advocates of the parties have not seriously challenged the findings of the facts of the trial Court; therefore the only Issue that calls for our determination In these appeals is whether s...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....ivil Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule. 2. I have he......of the petitioner to the mother, the opposite party in this rule. 2. I have heard the learned Advocate for the petitioner and perused the impugned order. The records of the case were not however called for. The rule is not opposed and no one has appeared for the opposite party although the noti......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ...... Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule. 2. I have heard ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....e Munsif, 1st Court, Dacca in T.S. No. 138/65 was found by the learned Subordinate Judge to have stood in the way of this suit. Hence the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant cl......ame title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.” This law is called res judicata. Fundamental principle of res judicata is that a case which has been decided by ......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; ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 16, 1978. Result: The appeal is dismissed. Cases Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN 29 16 DLR, 582 Lawyers Involved: B.B. Roy Chow......osition of the purchaser. The sale was confirmed on 13 9.55 and no appeal against it was preferred to the Commissioner under section 2 of Act Vlll of 1868. The Act, it may be noted, is also called the bengal Land Revenue Sales Act (1968) and it has amended section 25 of the Sales...... 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. ......se is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....he Appeal is dismissed. Cases Referred to- Monendra Nath Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; 23 CWN 37; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN ; DLR, 582 Lawyers Involved: B.B. Roy Ch......osition of the purchaser. The sale was confirmed on 13 9.55 and no appeal against it was preferred to the Commissioner under section 2 of Act VIII of 1868. The Act, it may be noted, is also called the bengal Land Revenue Sales Act (1968) and it has amended section 25 of the Sales...... 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. ......se is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....affirm the affidavit, it appears that the deponent has affirmed the affidavit as Manager of Canopus Shipping Agency who managed the vessel concerned on behalf of the owner (defendant No. 2) and has also been looking after the case. Now, rule 51 of the Appendix 5 of the Original Side Rules of this co......the ship owner (defendant No.2). For a proper consideration of the question raised by Mr. Shahabuddin Ahmed, it is necessary to refer to section 34 of the Arbitration Act, 1940 (hereinafter called the Act) which reads as follows:- 34.“Where any party to an arbitration agreement ......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..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)
....lip;……Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. L......vided that, in the case of High Courts not established, by Royal Character, such appointment shall not be without the previous sanction of the Provincial Government; (2) Persons so appointed shall be called "District Delegates.” 6. On a comparative analysis of the provisions referred......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 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....shid and others..............Petitioners Vs. The State................................................Respondents Judgment December 15, 1977. Result: The Rule is made absolute. Cases Referred To- Empress Vs. Nabln Chundiu Dutta I.L.R. Cal. Volume IV page 865;......g of the Sessions Judge under Section 514 were without jurisdiction as he had before him neither any proof that the bail bond had been forfeited nor did he record the grounds for such proof before he called upon the petitioners to show cause why the penalty of the bond should no be paid, Another cas......itioner No.3 in the Special Case No.4/72 ,was that while he was acting as Tahsildar Rrjbari 'A' Tahsil Office he received a bribe of Rs.15/-from one Abdul Halim. 3.The case was fixed for trial on 20. 5. 75. On 14. 5. 75 a petition was filed on behalf of the accused for shifting the date...... is also Reported in: 30 DLR (HCD) (1978) 166. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....h its Vice-Chancellor and the Registrar, University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts wh......satisfied as to the antecedents of an intending employee and may collect information from any source or cause any enquiry in that regard. The process of verifying antecedents of an employee cannot be called a punitive proceeding requiring the employer to give a reasonable opportunity to the employee......iff being appointed on a temporary basis. There was no legal requirement for serving notice to show cause before terminating his service and he was not entitled to any relief in the suit.
4. The trial Court, after construing the letter of appointment (Ext. 1) as a whole, held that the appointme......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..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....Management Board, (1970) 22 DLR 48; Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan, (1971) 23 DLR 108; Ananda Mohan Kundu and others Vs. Province of East Pakistan, (1968) 20 DLR 976 980; Watson and Company Vs. Ramchand Dutta and others, LR 17 IA 110: I.L.R. 18 Cal.10.
Lawyers Involved......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.
......se (2) of Article 131 of the said Constitution to meet the emergency and to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan and for the trial of certain offences. Section 3(1) of the Ordinance conferred generally upon the Central Govern......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....178 of 1975 arising out of the pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 one Aftab Ali son of late Badullah executed a kabala in respect of certain landed property in favour of the purcha......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ...... his own right. So the case is barred by principles of estoppel, acquiescence and waiver. He further alleged that the case is bad for defect of parties and is barred by limitation. 3. Before the trial Court the question of defect of parties and limitation were not pressed. The main contention b......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... Vs. Md. Khorshed Ali and others…………….....................Opposite Parties Judgment November 17, 1977. Result: All the rules are made absolute. Cases Referred to- Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals ......mitation on our revisional power under section 15 of the Code. 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 ...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......lso Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....ioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with Md. Joynal Abedin, and Mozammel Haque Khan, A......h retrospective effect is without jurisdiction and without any lawful authority; and that the oil storage tanks having no letting value and the same also being movable temporary structures, cannot be called holding as defined in the Act and the Rules, the orders of reassessment on the revised valuat......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. ......) 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..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....nsidering the statement and after further enquiry may by an order determine the amount of costs that the tenant is entitled to recover from the landlord and the tenant may thereupon deduct the amount so determined from the rent or otherwise recover from the landlord…………&h...... would like to remind them of the relevant provisions of law in remanding a suit for rehearing. Now, Order 41, rules 23, 24 and 25 of the Code of Civil Procedure (hereinafter called the Code) which deal with the remand of a case by an appellate Court read as follows: Ru......d is sufficient the appellate Court is competent to determine the suit finally and there is no need for remand. Under Order 41 rule 25 of the Code, only specific issues are sent to the trial Court for findings and not for re-trial of the entire suit. After the return of the findings b...... 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..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)
.... Bangladesh Match Company, has infringed the plaintiff's registered trade mark by manufacturing and selling safety matches using the mark of a horse with the design, appearance and general set-up so nearly resembling the plaintiff's trade mark that it is likely to deceive or cause confusion ...... 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. ......earned 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 1972 industrial enterprises, either nationalized or placed under the control and management of a corporation h......n Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Ori..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....der of a Bench of the High Court Division, allowing an application under section 115 of the Code of Civil Procedure made by the respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appe......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. ......made the following order: "That the appeal be allowed on contest without costs. The judgment and decree of the learned lower Court be set aside and the suit be seat back on remand for fresh trial in the light of the observation made above on condition of payment of Tk. 500 (Taka five hundr...... no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....ub-letting the land. According to the Agreement between them made on 23. 5. 69, defendant No. 4 paid to defendant No.1 an amount of Rs. 1, 10.000/- as rent in advance for the proposed sub-lease and also agreed to pay yearly rent to defendant No.1 at the rate of Rs.1, 600/- per month for the first 10......oked the cancellation of the lease by Defdt. No.2. Moreover, when the plaintiff was holding a Power of Attorney from the defdt. No.1 it is quite natural that he would require these papers. He himself called for some of these papers under his letter Exb. A. As to statement in the draft Agreement of p......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. ....... 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..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
.... Govt. of Bangladesh,(1977) 29 D.L.R. 187; Bihar Vs. Kameswar, A.I.R. 1964 (SC) 59; Makhan Lal Sarnakar Vs. Govt. of East Pakistan; Moklesur Rahman Vs. State, (1976) 28 D.L.R 172; Liversidge Vs. Anderson (1942 Appeal Case, 206 Gopalan and Vs. State of Madras, A.I.R. 1950 (SC) 27; Dayanaud Madh......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 can be taken to the detention orders.
7. Now to consider the main argument of Mr. Latifur Rahman, the learned Advocate that if the detenus are smugglers then provision has been made by law for trial of these persons to wit rule 18 of the Emergency Powers Rules which is punishable with death o......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……………………………..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....t and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption………….......ury has failed to point out that the learned District Judge acted illegally or with material irregularity in the exercise of jurisdiction in making the impugned order. Accordingly, no interference is called for in revision. For the reasons stated above the Rule is discharged with costs assessed......o the case holding has forfeited his right of preemption. So, I find and hold that the Misc. case is not maintainable in law. 5. On appeal the learned District Judge reversed the decision of the trial court holding that pre-emptor No. 1. being not a co-sharer tenant of the case holding has got ......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..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....iod of three years for a sum of Rs. 50/-. After expiry of the said period Aftabuddin Sarkar got back possession of the land and possessed it till his death. After his death the land devolved upon his son Nawab Ali as his only heir. Nawab Ali died leaving three sons including the plaintiff and three ......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 Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain ......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
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