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Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....rty in the benami of his wife. The defendant in her evidence made a categorical statement that a sum of Rs. 50,000/- was given to her by her father Kanchan Munshi a few days before the transfer was completed, she kept the money with the plaintiff and out of that amount the plaintiff paid the cons......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant......43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A' and owner of 1483/104 annas share of the properties descri...... was filed and without reading the solenama he signed the statement made by the plaintiff in the above mentioned title suits. 36. The statements made in the said suits are relevant for adjudication of the issue—"Is the suit barred by principle of estoppel, waiver, acquiesc..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....n Ahmed was the Operating Director of the Company. 5. In June, 1962 Alauddin Ahmed transferred his shares in equal proportion to respondent No.1 and Zahiruddin Ahmed and thereafter completely retired from the Company and Company's business and since then Rahimuddin Ahm...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……......e cost of the Company as well as respondent No 1. It was further alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the Company were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....the notice of the Labour Court for its decision by reason of the express prohibition contained in section 43 of the Ordinance. Being unqualified the prohibition must seem to be both total and complete." 21. A dismissed worker can, however, bring an application under section ......ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ......en in the definition unless there is anything contrary in the context. There is no necessity to travel elsewhere or to other enactments for the purpose of defining that word or discovering its proper meaning. 14. Section 25 of the Act of 1965 is as follows: "(1)......s observed: "An application under section 25 of the Employment of Labour (Standing Orders) Act is certainly maintainable as the said provision has been specifically made for adjudication of the grievances of an individual worker in respect of any of the matters covered ..Category: Labour and Industrial Law | Date: | Hits: 91
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....ns there with effect from 22nd July, 1990 (Sunday). I had a lot of pending work to be done in connection with typing, correction, etc. of the previously dictated judgments which could hardly be completed within 18th and 19th July, 1990 before my departure for Chittagong. My learned brother K...... Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another........ learned brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a proper decision. Since due to paucity of time it was not possible for me to prepare myself to deli......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......4. ......against Moulvi Abdul Khaliq and one, Waziruddin, for possession after declaration of their respective shares as the heirs of one, MoÂulvi Abdul Aziz who had died in 1926 or 1927. After his death his properties had, it appears, been recorded in Sole Nama of the responÂdent, Moulvi Abdul Khaliq, who......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......istan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstÂwhile Province of East Pakistan; and was placed in charge of East Pakistan GovernÂment Press at Tejgaon, Dacca. His case havÂing be......ff and decreed his suit. Hence this appeal by Special Leave at the instance of the defendant. 11. Section 4 of the Public Conduct (ScrÂutiny) Ordinance, 1959 has already been set out above. For a proper appreciation of the parties it will be necessary to refer also to certain clauses of Article ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
.... is no denial that work was done by the respondent, and that it was of considerable volume and further that the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to payment of a reasonable amount, pending decision o......reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ......e without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with reference to the pleadings and satisfy itself as to what should be the proper proof for passing a decree on the basis of the averments made in the plaint. It appears to us......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......int Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Â Under clause 12(1......ker of the Mill was discharged after an enquiry but with a month's salary in lieu of notice. The Tribunal received certain evidence regarÂding the enquiry and came to the conclusion that it was not proper or regular. As to the action of the Management in discharging M. A. Rahman with a month's pay...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......yments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an ord......he Rules, and exercisable in the existing circumstances. Accordingly, we are of the view that the order of the learned Single Judge directing that the deposit should be paid into the High Court was a proper order to make in the case, and we hereby dismiss this appeal with costs. 5. At the request...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... was killed in a railway accident, under Lord Campbell's Act, 1845. The evidence in that case was that she was at the time apprenticed to a firm of draÂpers and dress makers, that she was shortly to complete her apprenticeship and had prospects of beginning before long to earn a remuneraÂtion whic......2. Begum Fatima Khatun.......Respondents. Sri Monmotha Nath Kuri ............................Appellant (In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. ......e function in the locality. By her death the plaintiffs had lost all charms and desires and all hopes of their lives had vanished and they had no heart left in either managing their business or their properties or carrying on their house-hold avocations. 4. It may be mentioned here that the plai...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......ourt Appellate Jurisdiction (Civil) Present: Hamoodur RahÂman CJ MuÂhammad Yaqub Ali J Sajjad Ahmad Jan J Commissioner, Khairpur Division, Khairpur and another..........................Appellants Vs. Ali Sher Sarki.........................when acting in revision, to exercise the powers conferred on a Court, of appeal by section 423, and clause (1)(d) of that section gives the power to make any consequential order that may be just or proper that, if an order under section 476(1) is set aside, the proceedings under section 476(2) s......l pending hearing of the appeal is ancillary to the power conferred upon it by section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 4..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead repreÂsented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The B......ngal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale......ment and decree of the High Court are set aside and these of the trial Court restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....s training the appellant was appointed an EngiÂneering Supervisor on the 15th of May, 1945. Subsequently in March 1951, he was sent to Lyallpur to do the balance of his interrupted training which he completed along with resÂpondents 7 to 12, and resumed his job as an Engineering Supervisor on the ......J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the SecÂretary, Ministry of CommuÂnications, Government of Pakistan, Karachi and ors.................................................................Respondents Judgment J......al of the department for admission to the examination in the prescribed form, but in the case of such candidates who were in permanent Government employment an application had to be forwarded through proper channel to the head of the Circle of the department in whose Circle their office was situated......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....ng the respondent Nos.3-6 to take steps for settling the dispute upon referring the same to the appropriate arbitrator and also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration within one year from the date of receipt of the records from the court and......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200......ther in the above application there is also no averment to the effect that the respondent Nos.3-6 are ready and willing to decide the dispute through arbitration and to do all things necessary for proper conducting of the arbitration proceeding. 4. The learned Subordinate Judge (Now Joi......i Saran, reported in AIR 1973 SC 2071 held that taking other steps in the suit proceedings connotes the idea of doing something in aid of the progress of the suit or court for the purpose of adjudication of the merits of the controversy in the suit and by taking that steps in the proceedi..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....as not reversed by the appellate Court. In such a case when the plaintiff after getting into possessing retains the same with clean animus that he has become the absolute owner of the property in complete negation of any right or title of the true owner thereof i.e. defendant No. 2, his enjoym......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002...... Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title by adverse possession…&hell......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......nbsp; Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. ...... under a registered will bequeathed to them the rights in the mortgage. The suit was dismissed by the High Court holding the plaintiffs had no locus standi to maintain the suit as the will was not properly attested. The plaintiff thereafter applied for probate and obtained it. The plaintiff ther...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
.... matter of the suit recommendation for enactment of Unified Marriage and Divorce Act for all citizens contending the learned Judges of the High Court Division erred in not considering that Islam is a complete code of life of Muslims and that there being clear provision of law relating to marriage an......udul Amin Chowdhury CJ
Mainur Reza Chowdhury J
Md. Ruhul Amin J
Md. Fazlul Karim J
K M Hasan J
Syed J R Mudassir Hussain J
Abu Sayeed Ahammed J
Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner
Vs.
Eva Sunanda Chowdhury & others…......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......s in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matter which is totally unconnected with the-subject matter before it for adjudication and that also has no relevancy in any manner to the subject matter which comes before t..
Category: Family Law | Date: | Hits: 192
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......bsp; Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. &nbs......on 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a pu......ssion from the proper Court of law and tortured there and the Investigating officer should explain under what circumstances the accused was sent to the Cantonment. Mr Islam submits that for proper adjudication of the whole matter the petition and the Rule was issued by the High Court Division an..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on report was lodged by SI PW 9 Molla Mohammad Shahjahan suo moto with Hatia Police Station naming the condemned prisoners and others and he himself took up the investigation of the case which was completed by PW 17 Md Shamsul Haque Khondker. All the investigation officers visited the place of o......bsp; Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners Vs. State&......sed or he has any political or other clash with the condemned prisoners. We find no reason to doubt or disbelieve the evidence of this witness. The trial Court as well as the High Court Division on proper appreciation of the evidence believed this witness and we find nothing to find otherwise. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
....ld against him in which the enquiry officer found him not guilty. Thereafter, the Corporation wanted to get rid of the respondent by compulsory retirement which was also not possible as he did not complete 25 years of service. Thereafter this order of termination was passed. ......p; Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ..Category: Employment/Service Law | Date: | Hits: 75
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