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Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....nless there are materials on record before him that the apprehension of breach of peace which gave rise to the proceeding has disappeared. The learned Advocate for the opposite party submits that the facts of the case differ from the present one. Though the facts of the present case differ from the ......Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Aziz......ecision in the case of Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231. In that case the party was present in Court with witnesses on the date of hearing. The learned Magistrate did not record the evidence of the witness. On the other hand, he dropped the proceeding on the ground that the case wa..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....cedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24......ed in: 31 DLR (HCD) (1979) 66. ......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....cedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24......This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... mortgagor and a fiduciary relationship between the mortgagor and mortgagee would have subsisted and the suit would have been within time under Article 148 of the Limitation Act. But as the facts are otherwise I must hold that the plaintiff's right of redemption was extinguished long a...... dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent f......mption of the mortgagor was extinguished…….(10) In the present case the plaintiff's equity of redemption was extinguished for his own default to pay arrear rent and there is no evidence to show that the mortgaged property was collusively or fraudulently sold out for any defaul..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....t on any information which they may receive unless they put it to the party against whom it is to be used and gives him a fair opportunity to explain it. What is a fair opportunity must depend on the facts and circumstances of the case. Lord Lorburn L.C. in elucidating the principles of natural just......e is also Reported in: 31 DLR (AD) (1979) 33. ......witnesses. The denial of such opportunity would render the trial ineffective for violation of the principles of natural justice. The domestic Tribunal, If not so prescribed by the rules, may act take evidence strictly as required by the Evidence Act. It must, however, be remembered that "the law req..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....r Court, Chittagong in Industrial Dispute Cases Nos.68 and 69 of 1975 under section 34 of the Industrial Relations Ordinance, 1969 (briefly the Ordinance). Since common questions of law and facts are involved therein these rules have been heard together and are going to be disposed of by t......nts Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgm......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
.... case. It well settled that if a fact is intended to be relied on by the prosecution, it must be proved with reasonable certainty and If such fact can only be established by proof of some subordinate facts, each of those subordinate facts must be proved with the same decree of the certainty as in re...... 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 ...... or Assistant Chemical Examiner to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under the Code, may be used as evidence in any inquiry, trial or other proceeding.” The report of the Chemical Examiner ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ......sed persons namely, (1) Chand Mia (absconding), (2) Shamsuddin (in custody), (3) Abulal (in custody), (4) Kanchan (in custody) and (5) Rouf (in custody). The Martial Law Court on consideration of the evidence convicted all the accused under section 302/34 B.P.C. and sentenced them to suffe..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....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 ......objection is filed to the inquiry report within the time so allowed, the Court may proceed ex parte with disposal of the application after taking into consideration the said report and other material evidence on record, and (d) where the report referred to in clause (b) is not submitted, or whe..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. ....... This Case is also Reported in: 30 DLR (HCD) (1978) 240. ....... The learned Munsif found that Sankar Prosad Roy did not lease out the suit plots to the plaintiffs and the plaintiffs did not acquire any title by adverse possession, but as there was some reliable evidence for the plaintiffs possession for 3 years, 1366 to 1368 B.S., the suit was decreed for khas..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....d must be upheld. Moreover, it may be seen that the plaintiff did not move against the order dated 20.1.64 raising the valuation. This appeal is, therefore, dismissed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This......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. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....ants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit for declaration that ......Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
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Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....of the Tribunal made in appeal. The provision, for reference by the Tribunal has been done away with by this amendment. 3. In the first four applications the question before us is whether on the facts and in the circumstances of the case the Tribunal was justified in reversing the order of the ...... 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 ......es accepted this contention of the assessed and reversed the decision by their order dated 14.9.70 and held that the incomes of the two firms should not be tagged together observing that there was no evidence that the businesses of the two firms were interlaced 'and interlocked. There when asses..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)
.... 102 of the Constitution is seldom granted unless the alternative remedy under the law is availed of. 11. In the case of R. Vs. Dunsheath Ex-parte MEREDITH (1950) 2 All. E. R. 741, the facts are that fifty members of convocation of the University of London served a requisition on the ......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
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....ssion by the plaintiffs that they bad neither any title nor possession in the suit property, I wonder what cause is there for any action against the defendants. A cause of action is the entire set of facts that gives rise to an enforceable claim. It consists of every fact which is to be proved to en...... High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Haji Nurul Islam.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. R...... to them by registered kabalas and possession was also delivered to them and since then they have been in possession of the suit property and residing there with their families. Certified copy of the evidence of P. W. 1 has been produced before me by the learned Advocate for the petitioner. By the p..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....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; ......ry beginning and remained so accepting some amendments In 1923. It may be at once noticed that the amendment was dope in 1923. In sub-section (4) when the legislature had added "receive all such evidence as may be" In place of the former explanation "receive the evidence". Then c..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)
....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; ......ry beginning and remained so accepting some amendments in 1923. It may be at once noticed that the amendment was done in 1923. In sub-section (4) when the legislature had added "receive all such evidence as may be" in place of the former explanation "receive the evidence". Then c..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)
....ent 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 the finding of that appellate Court in this regard is final and cannot be opened in secon...... 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: ......dents Judgment March 22, 1978. Result: The appeal is dismissed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sha..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. ...... 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 ...... limitation. 4. The learned Munsif dismissed the suit after finding that the C.S. record (Ext. 2) indicated that Jasmat Sardar has acquired a tenancy right in the suit land and that there was no evidence that during his life the land was taken back from him and given to some other persons as bo..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....led to adduce evidence under Proviso (2) of section 92 of the Evidence Act, and that the learned Subordinate Judge erred in law in not construing Ext. B. as an instrument of mortgage in the facts and circumstances of the case. 7. Ext. A and B were taken by the defendants from the Cour...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ...... plaintiff No. 1 sold away his interest in the land to the added plaintiffs 2 and 3 the plaintiffs were not entitled to any relief. 4. The learned Munsif dismissed the suit after considering the evidence on the record. He held that Ext. B, the patta, was a lease for 20 years from Poush 1367 to ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
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