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Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
.... 6. Having gone through the application for condonation of the delay and heard the learned Counsel who was very frank in his explanation we were inclined to take a lenient view, in the special facts and circumstances of the case, for the delay which was not due to any fault of the appellants...... Supreme Court Appellate Division (Criminal) Present: AM Sayem CJ Syed AB Mahmud Husain J Muhammad Abdullah Jabir J Ahsanuddin Choudhury J Abul Hossain and another………………......Appellants Vs. Farrok Ahmed and another……………......7.75 Respondent No.1 moved the Sessions Judge against the order of the Magistrate on the allegation that appellants were threatening the complainant and the witnesses and thereby tampering with the evidence. Under order of the Sessions-Judge the appellants appeared in his Court on 16.8.73 on that..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ntire record is before me and I as Senior Special Judge Jake cognizance of the case. Let further steps be taken against the accused persons.” It is essential in this case to go through the facts which led to these appeals and the subsequent order passed on 2-1-70. 3. An information w...... DLR (HCD) (1978) 237. ......tant Sessions Judge and against which there was no appeal preferred by the Government. It has further been urged |ha| the learned Sessions Judge before taking fresh cognizance should have weighed the evidence already on record. 5. Mrs. Rabia Bhuiya, the learned Advocate appearing in support of ..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....al No 1 of 1972 is by Mr. Aminul Islam and six others who are workers under M/s. James Finlay & Co. Ltd. and Civil Appeal No. 2 of 1972 is by M/s. James Finlay & Co Ltd. 2. The relevant facts giving rise to these appeals may briefly be stated as follows:— Mr. Aminul Islam w......ase is also Reported in: ......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the case in brief are that the petitioner was arrested from his residence on 28-5-73 in con......R (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963) 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. ......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....here could not be any question of making any order of dismissal for default. The case has been adjourned for pre-emptory hearing on the prayer of the purchaser-petitioner and is still pending. In the facts and circumstances in this case it cannot be held that by making the impugned order there ......ction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....n lands held under Order 21, rule 90 of the Code of Civil Procedure for an amount of Tk. 70.84 paisa has raised certain important questions of constitutional law of some nicety. 2. The facts leading to this application are as follows: One Budhair Sutradhar obtained a decree for an amo...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......vocate, has been brought about by practicing fraud upon the Court. If the opposite party has got any case, he will be perfectly within his right to establish in the Court below by producing necessary evidence in this regard. Therefore there is no question of perpetuating any injustice by setting asi..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....ring ornamenting painting anti washing, finishing or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery, display or disposal.” As the facts of this case do not require us to consider what is a manufacturing process., we need not elabo......ginal Jurisdiction) Present: Fazle Munim J Nurul Alam………………........Petitioner Vs. The Chairman, Second Labour Court of East Pakistan and others..........Respondents Judgment July 30, 1973. ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....der of the District Controller of Food, Barisal dated 15.12.67 and of the order of the Regional Controller of Food dated 22.4.68 dismissing the petitioner from the service for misconduct. 2. The facts giving to this petition are as follows: The petitioner was a Typist in the office of the ......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,...... contended that the enquiry officer after thorough enquiry into the matter gave the petitioner benefit of doubt but the District Controller of Food, the punishing authority taking a different view on evidence dismissed the petitioner from the service without giving his reasons for taking a dissentin..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....ts. This case therefore does not help the learned advocate. 14. I may refer in this connection to the case of Bhutnath Das and others Vs. Sahadeb Chandra Panja reported in AIR 1962 Cal. 485, the facts of which are similar to those in the present case. The suit was decreed in the said case for S...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....tions Ordinance. It is intra-vires. The tender of advice by both the members constituting the Labor Court is mandatory in terms of section 35(2) read with Rule 34(1).
13. Coming to the facts of the case, we find that there is no indication in the record that the member representing th......
In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated the 4th of April. 1969.
Judgment
......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....d the correctness of the decision made in Noman's case. Hence a reference to the Full Bench has been made with respect to the said case. We do not, however, feel that, we should also do it in the facts of the instant case. P. O. 13/72 is both a substantive and a procedural law. Furthermore it is......y of Information, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust a...... has clearly stated that respondent No. 2 was an evacuee, i.e., he was in his residence till 29th of March, 1971 and thereafter he left it, and these findings are made on local enquiries and based on evidence as Well. The petitioner contents that the Arbitration Court had no right to make such findi..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... to me that excepting the contention of the learned Advocate relating to the construction of the deed of agreement Exhibit 2, the other submission of the learned Advocate are concluded by findings of facts. The learned Subordinate Judge elaborately examined the evidence adduced by the parties and ar......urt Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 ...... by him against the vendor and the said ease ended in a compromise. Accordingly, the present suit filed by the plaintiffs is liable to be dismissed. 4. The learned Munsif on consideration of the evidence both oral and document led by the parties held that the deed of transfer executed on 5th As..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....of the same till the disposal of the suit. The trial Court without applying its mind to the question of possession of the Tea Estate has attempted, we must say, quite wrongly to inquire into the facts relating to the nature and validity of the disputed agreement, which are to be decided only af......visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ......g also been admitted in her written objection that the said signature was hers, the presumption that it was duly executed by the defendant No. 1 could be rebutted only on production of evidence, oral or documentary at the time of the hearing of the suit. In the circumstances, the tria..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....ed at all inasmuch as after 1974 a property can be treated as vested property only if it comes within the purview of saving section 3 of Act XLV of 1974 and in no other case. 13. Considering the facts and circumstances of the case and my discussions above, I hold that the lower Appellate Court ......Laxmi Kanta Roy……………………………………………Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment Ma......iljhara was substituted as defendant No.1 who contested the suit upon the written statement filed by previous defendant No.1, the Sub-Divisional Officer. 4. In this case both the parties adduced evidence both oral and documentary. After hearing the parties and perusing materials on record the t..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
.... Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order 12, rule 4 of the Code of Civil Procedure for admission of certain documents. 2. The facts relating to the present petition in brief, are that on 14.12.66 the petitioner filed an applic......sed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order......lf of the OP argued for rejecting those two applications. He has submitted that the present Misc. case is an appeal against the order of the Waqf Administrator and as such there is no scope of taking evidence or for issuing notice under Order 12 rule 4 CPC. The Waqf Administrator alone is authorised..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....ment and order passed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect.
2. The facts giving rise to this petition may be stated briefly hereunder:
"The respondent No. 2......
Present:
Maksum-ul-Hakim J
Fazle Munim J
Md. Ilyas Khan, Manager Khan Brothers Ltd., Khulna. .............Petitioner
Vs.
Third Labour Court, Khulna, East Pakistan and another.............Respondents
Judgment
January 7, 1971.
Result:
The Rul......tion of the complainant-respondent No. 2 for his trade union activities.
5. The Labour Court, respondent No. 1 after considering the respective pleas of the parties and perusing the records and evidence in the case held that the Labour Dispute Case No. 87 of 1968 between the Daulatpur Jute Pre..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
....mul Ikram Qureshi is to the same effect. 9. There is substance in the contention, for, even in Khurshid Bibi case this Court did point out as follows:— ''In the recent case, on the facts, it has been found that there is no possibility left, of the parties residing together in ......ion 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any prayer for khula divorce in the plaint, allowing such ...... same. The case is, therefore, remanded to the High Court so that the parties can amend their pleadings and the Court can frame specific issue on the said question and to determine the same by taking evidence…………….(12 & 13) Cases Referred to- Khurshid Bibi vs. Mohd. Amin (19..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....transportation for life. The learned Additional Sessions Judge agreeing with the unanimous opinion of the assessors acquitted the other 12 co-accused of the charges levelled against them. 2. The facts giving rise to the trial are a bit peculiar. On 23.1.66, PW 2 Tahir Ali, the then Chairman of ...... in: 24 DLR (HCD) (1972)103 ......ist Ext. 2(2). He also found marks of violence on the land around the dead body. He also examined several witnesses. He, however, could not secure the arrest of any of the persons against whom he got evidence. He submitted charge-sheet against the 14 persons on 25.2.66. This was followed by a prelim..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....nance only where the order passed by the DCT is erroneous in so far as it is prejudicial to the interest of the Government revenue and the error of the DCT must be an error of law and not an error on facts………. (16)
Lawyers Involved:
Sarder Jinnat Ali, Umbar Ali,&n......N. Deb Choudhury J
Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited, Chittagong………..Petitioner
Vs.
Chairman, National Board of Revenue, Segunbagicha , Dhaka and Others……….Respondents
Judgment
April 5, 2015
Result:
Th...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....minors and the law is well settled that it is not required to examine more than one witness to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in the failure of justice. ......13) 58. ......he bainapatro that he executed the bainapatro for and on behalf of his minor daughters, (2) the plaintiff adduced one witness namely P.W.2, Nayeb Ali to prove bainapatro which was not sufficient evidence to prove the bainapatro (Ext.1) in question was executed in accordance with law. 7. Be..Category: Evidence Law | Date: | Hits: 6
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