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Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......nd for other different charitable purposes. The said Dhirendra Nath Roy, ex‑Zamindar of Narail, was the founder and Secretary of the Asram. But during SA operation of the suit land instead of being recorded in the name of the Asram was wrongly recorded in the name of the Zamindar Dhirendra Nath Ro......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....Court in the case of Rupali Bank Vs. Haji Ahmed Sowdager reported in 43 DLR 464=1991 BLD 508 held: "Money deposited with the bank by its customer in the current account is not in the nature of any goods bailed to the bank and, as such, cannot be retained by the bank for the simple reason that by ......nt deposited by the plaintiff with the defendant predecessor bank should be treated as loan (ঋণ). 6. Learned Advocate for the petitioner after placing the impugned order and other materials on record submitted that neither at the time of depositing the amount nor at the time of filing the sui......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....s, due to misconception of law. The learned Judge failed to take notice of the fact that there were two sub‑sections in section 25 of the Special Powers Act, 1974. If somebody is found to bring any goods mentioned in sub‑section (1) into Bangladesh without paying customs duty and other duties or...... guilty. Then the prosecution examined 4 witnesses. The case of the accused persons is that, the sarees were Bangladeshi sarees and they were Feriwala by profession. After considering the evidence on record the learned Judge of the Tribunal found both the accused guilty of the offence under section ......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ting the aforesaid order of direction has been filed by respondent No.6 stating, inter alia, that respondent No.6 entered in to an agreement dated 11-6-2008 with respondent No.2 for purchase of the goods described in the schedule of the substantive applicant (hereinafter referred to as the Goods) ......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... misconduct of the Master and crew Members of the vessels of the defendants as well as breach of contract the plaintiff has suffered huge financial loss and damage, since the Container was shipped in good order and condition and the defendants are full responsible for non-delivery of the goods to th......l condition of the articles at the time of loading of the cargo in the container and the carrying of the same to the port of Chittagong and therefore, he deposed before this Court on the basis of the record as available to him supplied by the plaintiff. The P.W.1 in his examination-in-chief stated t...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....thing on record to show that the respondent-Bank in complying with the provisions of section 33 of the Ain, 2003 took any attempt to sell the pledge share certificates and therefore, we find there is good deal of substance in the contentions raised by Ms. Farida Akhter Chowdhury, the learned Advocat......of the learned Advocates of both the sides, let us see first whether the decree-holder-Bank took any attempt to sell the pledge share certificates.
9. On going through the available materials on record, we find nothing on record to show that the respondent-Bank in complying with the provisions ......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
..
Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
.... below are not well founded in the facts and circumstances of the case. Therefore, the grounds urged and contentions advanced by the learned Counsel for the petitioners prevail and appear to have a good deal of force. On the contrary I failed to discover any merit in the submissions advanced by ......, but the defendants never claimed such common path. So it cannot be said that the plaintiff and defendants are enjoying joint possession. He lastly submits that after considering the evidence on record the learned Judges of the Courts below rightly decreed the suit which calls for no interferen....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....e name of Aroma International, a firm of the accused's wife, in that case he will be benefited financially and earns huge money and against each Visa cash amount will be provided. In the meantime a good relationship have been established between them. The complainant being impressed and establis...... Dhaka against the accused-petitioner. After hearing the Chief Metropolitan Magistrate was pleased to send the case to the Paltan Police Station for taking necessary action. After receipt of the Case record from the Court on 28.01.2010 the same was registered as Paltan Police Station Case No.60 date......ying on business in the name and style of M/S Winner Overseas. He went to Saudia Arabia in the year 1992. After returning from Saudia Arabia, he started Manpower business earlier in connection of service he went to Saudi Arabia. In the last part of 1998 as manpower businessman the complainant wa..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... transferred the disputed land along with other lands to the plaintiff; that since purchase the plaintiffs had been possessing the same on payment of rent and mutated his name, and that S.A. and R.S. record were prepared in his name; that the defendant No. 2 with an ill motive illegally and collusiv......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
.... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......in Title Suit No.69 of 2006.
2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land.
3. The plaint case, in short, is that Sabdi and Hisabdi were C.S. recorded tenant of the suit land measuring 22 decimals appertains to C.S. Plot No.51 and according t...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
..
Category: Property Law | Date: | Hits: 105
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......ment and the affidavit‑in‑opposition filed on behalf of respondent Nos.2 and 3. The learned Advocate submits that the Court of Settlement after due consideration of the documents and materials on record and also after considering the question of limitation found that the property in question is ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....he facts and circumstances of the case and we have also considered the decisions of our Appellate Division and following these decisions we hold that the petitioner has succeeded in making out a very good case for bail in this case. Mere naming her in the charge‑sheet without any prima facie mater......n taken on remand in connection with the present case on that date. The petitioner was then produced before the learned Chief Metropolitan Magistrate, on 12‑11‑96 and a confessional statement was recorded on that date and since then the petitioner is in custody in connection with the present cas......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..Category: Criminal Law | Date: | Hits: 82
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ate Court was perfectly justified in holding that the transfer in question was for the purpose of legal necessity. He further submits that in coming to his decision he has referred to the evidence on record and reversed the finding of the learned Munsif referring to the material on which he relied. ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......l Attorney General in this matter. The learned Additional Attorney General was not in a position to throw any light as to their exact legal status. He simply stated that on the basis of the papers on record he cannot admit the employees appointed by the District Boards under Works Programme as Gover......iscipline) Rules, 1968 and the office memo dated 26.10.1974 inflicting some punishment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that the order of dismissal from service by memo dated 04.08.1975 is illegal, unwarranted and void. 3. The learned Munsif did not ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ...... under sections 406/409/420 of the Penal Code. 3. Accordingly Kotwali Police Station Case No.81 dated 18.11.2003 under sections 406/409/420 of the Penal Code against Cashier Fariduddin alone was recorded. After investigation of the case it was found that Farid uddin in collusion with Iqbal ud......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....llah and his mother Rezia Begum killed the victim Lucky by strangulation and hanged her dead body with the electric ceiling fan. Thereafter, they locked the collapsible gate of their house and made good their escape. Hearing about the occurrence he along with others went to the place of occurren......ence informing the tribunal that they would not adduce any evidence on their behalf. 7. After hearing the learned Advocates for both the sides and on perusal and on analysis of the evidence on record and so also considering the facts and circumstances of the case, the learned trial judge ca......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......ng the parties to maintain status quo. 8. Being aggrieved by the said judgment and order the defendant No.1 has moved before this Court and obtained the instant Rule. 9. It appears from the record that the plaintiff-opposite party and defendant Nos. 3-7 entered appearance at the time of mo......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ving declaration under Section 55(E) of the Custom Act. 3. That after obtaining the delivery order, the District Controller of Stores (Shipping) on behalf of the plaintiff went to take delivery of goods from the defendant No.3, Chittagong Port Authority but it was found that the consignment was l......pensate for the alleged loss which might have been suffered by the plaintiff. Therefore, the suit was liable to be dismissed as against these defendants. 5. Upon consideration of the evidence on record and hearing both the sides of the counsels and with reference to the statute and decision, th......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......sheet against the instant accused petitioner and the other accused Joybabu for the offence punishable under section 25B of the Special Powers Act. The offence being triable by a Special Tribunal, the record of the case ultimately came up before the learned Sessions Judge, Ex officio Special Tribunal......0-2004. He proved the sketch map as ext.4 and his signature thereon as ext.4/1. The index as ext.5 and his signature 5/1. On his cross examination he stated that at the time of occurrence he was in service at DB District Head Quarter Office. He is both informant and investigating officer. He prepa..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ted and yet the company refuses to pay, a winding up petition is maintainable. 25. In Raj Kumar and Brother Vs. Organic Chem Oils Ltd, reported in (1998) 93 Company Cases 386, therewas evidence on record that a certain amount of money was lawfully due to the petitioner and the respondent-company,......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..Category: Company Law | Date: | Hits: 164
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