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....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 which would result in consequences affecting the person, property or other right of another pe......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......aintiff'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 for an indefinite perio..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....lant and his co-sharers cannot be said to be unlawful and consequently the provisions of The Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 are not attracted to the facts of the instant case. The Custodian of Enemy Property representing the share of the enemy ......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
...... appellant and to realise compensation in respect thereof, the impugned notice and order were with lawful authority. Learned Counsel has submitted that the appellant having failed to produce any evidence to show that the appellant had some right to manage the disputed properties as debuttor pro..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rse, a Civil petition for Special leave to Appeal No. 111 of 1977 was preferred against the above decision of ours before the Hobble Supreme Com t and their Lordships affirmed the decision but in the facts and circumstances of the case thinking it to be a mere academic one, did not enter into the qu......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ......er has purchased the properties at the request of the pre-emptors and the sellers, and the purchase was made within the knowledge of the pre-emptors. The trial Court, however, on consideration of the evidences and materials on record came to the conclusion that the purchaser-petitioner helplessly fa..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....in the event of the withdrawal of the first suit without leave of the Court to bring fresh suit as provided in sec. 373(old) could not create a bar, of course, on proper appreciation of the facts in an independent proceedings but for the procedure provided in section 647(old).-141(new......lso Reported in: 31 DLR (HCD) (1979) 407 ...... of the Code of Civil Procedure in a Proceeding under section 24 of the Non-Agricultural Tenancy Act and also misdirected himself in exercising the jurisdiction by omitting to read the evidence and construing the same in its true perspective. 6. Mr. Kaiseruddin Ahmed, the learned..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....sment made by the Taxation Officer and second appeal before the Director of Taxation against the order of the Deputy Director, but without filing any appeal this application was filed. In view of the facts stated above, the application impugning the demand order which is lawful and made in strict co......) 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)
....early lays down that there can be no remand unless the conditions laid down in those rules exist. I am, therefore, clearly of the view that the learned Additional District Judge as the final Court of facts was fully competent to decide the case himself as the evidence on record was sufficient to ena...... 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...... 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 the suit finally and ..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)
....to have been rejected as at the time of the hearing of the application for temporary injunction there were insufficient evidence before the Court for arriving at a correct decision in the matter. The facts of the case reported in 26 DLR 10 have hardly got any relevance in the instant case. We refrai......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...... 5. Mr. S. R. Paul, the learned Advocate appearing for the plaintiff-appellant has submitted that the learned 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 197..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....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. ...... no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......1.74 for ex-parte disposal of the suit. The suit was taken up for ex parte disposal on 3.1.74 and after examination of a witness on behalf of the appellant and admitting certain documentary evidence the suit was decreed ex parte. 3. Defendant No.1 filed an appeal being Other Appeal No..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....-objection filed on 9.3.77 is competent. In the result, the appeal is dismissed. The cross-objection is allowed and the award passed by the learned Arbitrator is accordingly modified. But in the facts and circumstances of the case the parties will bear their respective costs of the appeal and t......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......n the earlier decision of Arbitration Case No. 1836 of 1972 relating to similar land of the case mouza acquired in the self same L.A. Case, in support of their case. The Government did not adduce any evidence, nor file any paper in support of their case. 5. The learned Arbitrator relying upon t..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....ourt reported in 17 DLR 15 wherein it has been observed that though admission is a strong evidence against its maker, nevertheless, he may show that the admission was erroneous Or based on mistake of facts. But in absence of the context in which the alleged admission was made we are not given much i....... 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......atory injunction against him is not maintainable, it has been further contended by him. 6. The learned Subordinate judge having considered a huge number of documents filed by the parties and the evidence of 5 witnesses examined by each side held that the suit was quite maintainable, that there ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....id amount totaling Tk. 85,620/- with demand of compensation or for such other or further order or orders passed as to this court may seem fit and proper. 9. This prayer directly emerges from the facts and therefore tenable. Facts are (a) the petitioner participated in an auction bid, (b) as a p......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....t the learned 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 limita......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
....t:
“Apart from the question as to how far smuggling activities could be covered by the provisions of rule 32, it seems that the detaining authority has not properly applied its mind to the facts of the case.”
With respect we are in full agreement with this judgment but this dec......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……………………………......, Preventive detention has been considered by the House of Lords in the case of Liversidge Vs. Anderson (1942 Appeal Case, 206) as a detention of a person without trial in such circumstances that the evidence in possession of the authority is not sufficient to make a legal charge or to secure the co..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
.... he has referred to case of Bhawani Prasad Vs. Damru, I.L.R. 5, Allahabad, 197. In this case, pre-emption was prayed for under the Mohammadan Law on the basis of transfer made under Wajib-ul-arz. The facts of this case are distinguishable. The transfer was made in respect of certain village properti......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......se. 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 question. In the circumstances, Mr. Chowdhu..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
.... dates of their final publication. Whether the presumption of correctness of the entries in the particular record of right has been rebutted or not shall have to be decided with reference to the facts and circumstances in each case. The later record of right will merely show that the plaintiff&......order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ...... basis of the C.S. Khatian. 8. Mr. Khandker Mahbubuddin Ahmed, learned Counsel, has submitted that the learned Additional District Judge having come to the finding on a consideration of the evidence and the circumstances of the case, on reversing the finding of the trial Court that the pla..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....ed before the grant of probate he had no locus standi to pray for revocation of the probate. He has cited the case of Md. Abdul Jalil Vs. Surendra Nath in 21 DLR 331. He has also pointed out that the facts in the present case are distinguishable from the facts reported in the case cited by the learn...... Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Petitioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party ...... an application for revocation of the probate, and that the maintainability of such an application ought not to have been rejected summarily without giving opportunity, to the petitioner for adducing evidence in the matter. In support of his contention that the creditor who alleges fraud has got loc..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....se at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the order is challenged on the ground that the same has been made without lawful authority and of no legal effect.
2. The facts in brief are as follows:
The petitioner was an Executive Engineer, Dacca-Aricha Highway P......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
...... of construction per sq. foot and then on arbitrary determination of cost of porch, garage, servant quarters etc. it arrived at a figure Rs. 1,75,000 00. This figure was arrived at without taking any evidence. Nobody appeared before the Beard nor any witness was examined and no-further enquiry was c..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... 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
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ction 209(2) or under section 253 of the Code and as such the said order was to be set aside by a higher Court. But the High Court Division summarily rejected the said petition holding that on the facts and circumstances under which the final report was submitted and the order of discharge was p...... ...... 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)
.... contended that the Appellate Court below has misconstrued and misinterpreted the provision of the then East Pakistan Enemy Property (Land and Building) Administration and Disposal Order, 1966 in the facts and circumstances of the case; which has seriously affected the merit of the decision leading ......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......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
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