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Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... “The defendant has said that the failure of public power supply was due to cyclone on 29- 11-88. On the other hand, the plaintiffs claim was that the power supply failed on 28-11-88. The Log Book, properly maintained by the plaintiffs factory, speaks that the power supply failed on 28-11-88. The ...... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar......aintiff submitted a claim of the aforesaid amount to the defendant under DOS policy. The defendant by his letter dated 26-2-89 to the plaintiff repudiated the claim. The plaintiff thereafter served a legal notice upon the defendant on 14-5-89 and ultimately filed the suit on 2-10-89. 5. The defen..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......rocedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, ......e evidence and other materials on record which he was required to discuss in exercise of appellate authority. But on reading appellate judgment it cannot be said that the same suffers from a patent illegality and flagrant error of law. It is to be kept in view that in case of reversal of judgment of..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....the Respondents 1-3. First Miscellaneous Appeal No.137 of 2010 with Civil Rule No.421 (fm) of 2010. Judgment Nozrul Islam Chowdhury J.- This appeal has a chequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Brea...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma......ns given and the title deeds deposited. The transaction as entered into shows that the deposit of title deeds and sanction of loan to M/s. Capital Ship Breakers are different set of transacÂtion. No legal relationship of security for the loan is visible or even assumable in the two sets of events. ..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
.... SeraÂjul Hoque were his cousin brothers living in the same house with him. He stated that while he was suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper payÂment of consideration money. He further stated in his cross-examination that accused Man......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit......tatement of the mother of the condemned prisoner recorded under section 164 of the Code of Criminal Procedure was not admissible in evidence. The learned Deputy AtÂtorney-General did not dispute the legal proposition. It is now well settled that a statement recorded under section 164 of the Code of..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ed in favour of the plaintiffs and to direct the principal-defendants (defenÂdants No.1-3) to execute and register the deed of sale in respect of /12/- annas share of the suit firm in respect of the properties described in the schedule and/or reconstitute the partnership to the extent of that share...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......nce consideration of Tk.7,55,0007-as early as possible. As the aforesaid 15 partners of defendant No.1 were residing at different places the defendant No.1 could not act as per his agreement for some legal difficulties and as such the defendant No.1 was taking time after time to reconstitute the par..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....ool is neither a section, branch or department of respondent No.2, as wrongly contended by the petitioner. The affairs of the school are managed by the Management Committee, formed for the purpose of proper and efficient management of the school, according to the rules and regulations of the Board o...... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch...... to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he is the Assistant Teacher of the..Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....a. The case of the plaintiff opposite party No.1, in short, is that the principal defendant Nos. 1 and 2 on 6-3-80 entered into a written agreement with the plaintiff for out and out sale of the suit property to the plaintiff for a consideration of Taka 30,00,001.00. Subsequently, the consideration ......his Case is also Reported in: 51 DLR (1999) (HCD) 341.......ed, and fabricated. 4. The defendant No.1 has also denied to have received taka one lac by giving any receipt. That the defendant No.1 nobody of the said Monwara Hospital, recently going through a legal notice published in a daily newspapers, and after making search in Court, the defendant No.1 h..Category: Procedural Law | Date: | Hits: 121
....issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without ......d under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect.
2. The case of the petitioner is as follows:
He has been serving under the respo..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....ecords of the execution case i.e. execution application and the counter affidavit of this rule, it appears that the opposite party No.1 in the execution case made a prayer of attachment of Government properties and from the contention of the counter affidavit it also appears that they pursuÂing the......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20......tion filed under section 33 read with section 30 of the Arbitration Act but since the petitioner did not file any objection whatsoever under section 33 of the Act the trial Court did not commit any illegality in making the award a rule of the Court and this objection cannot now be taken by the judgm..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
.... appellants Humayun, Jasim and Mintu (appellant Serajul Islam died during the pendency of the appeal) in Criminal Appeal No. 2266 of 1991, submits that the Judgment of the trial Court is not based on proper assessment of the evidence on record and that there is a wide discrepancy between evidence of......s Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....t be said that the lease was not complete because plaintiffs, according to the appellate Court, were in possession and other formalities including the approval of the lease was completed by legal and proper authority. Appellate Court also found that the Additional Deputy Commissioner (Rev) and the D...... is also Reported in: 51 DLR (HCD) (1999) 435. ......ff and the order dated 9-10-85 passed by the Additional. Deputy Commissioner (Revenue), Chittagong in SR Case No.73 of 1984 affirming the judgment and order of the Additional Deputy Commissioner is illegal and not binding upon the plaintiff and for further declaration that the judgments and orders d..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....d to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of ......Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J MA Aziz J Nurjahan Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoai...... 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain st..Category: Property Law | Date: | Hits: 156
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....7-10-1989 with a prayer for accepting the additional written statement on the ground that the Advocate concerned was an old man and because of misplacement of relevant papers he could not draw up the proper written statement necessitating them to file an additional written statement in Court. The tr......s plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-oppo...... failed to incorporate such facts the defendant shall be debarred from bringing such facts on record at a belated stage to the hardship and detriment of the plaintiff. The defendant can raise all the legal pleas and only such factual reference can be raised which are legally permissible, consequenti..Category: Procedural Law | Date: | Hits: 148
....e deceased) which is a residential house in Dhanmondi residential area (Road 15A) in the city of Dhaka, belonged to defendant No.1 Md. Yousuf, who, being in urgent need of money, proposed to sell the property to the plaintiff for a sum of Taka 12,00,000.00 and accordingly, an agreement was executed ......
High Court Division
(Civil)
Present:
Md. Abdul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is d......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and AppelÂlate Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC) 200; ...... of 1982 in the Court of the learned Subordinate Judge, Bogra on 2.7.82 against the present petitioner for a declaration that an ex parte decree passed on 4.1.80 in O.C. Suit No.17 of 1979 is void, illegal and fraudulent and prayed for cancellation of the same. This suit was valued at Taka 12,600/- ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....impleaded only one contesting candidate but has failed to implead 4 other candidates including himself. It is his case that polls at Chapair High School centre in ward No.3 was never held legally and properly on 10.2.88 and it was marred by violence and disturbance created by the petitioner and his ...... Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers Involved: Syed ......le Nisi calling upon the respondents to show cause as to why the aforesaid proceeding before the Election Commission shall not be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi the Election Commission, in absen..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....o.7 dated 24.6.84 in S.M.L. Case No.160 of 1984 and he was sentenced to suffer R.I. for 7 years and to pay a fine of Tk. 9 lakhs, in deÂfault, to suffer R.I. for 1 year 9 months and 75% of immovable property standing in his name or in the name of members of his family or benami of others were forfe......Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, UpazilÂla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad should not be decl......l not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad should not be declared to be inÂvalid and to be of no legal effect and as to why fresh election in accordance with law shall not be declared to be held in..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
.... investigation for an indefinite period or may initially pass an order for further inÂvestigation into the offence for a limited period and may extend the same from time to time as he thinks fit and proper in the facts and circumstances of the case. The legislature has not put any limitation on thi......of accused petitioner Md. Anwar Hossain Maji, 22 acÂcused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden being armed with various deadly weapons and started beating women inmates by entering into difÂferent houses. They took away cash money, or...... ABM Nurul Islam, the learned AdvoÂcate appearing for the petitioners submits that the orÂder of the learned Sessions Judge passed on 14.3.88 extending the period of investigation upto 17.2.88 is illegal as the law does not authorise the Sessions Judge under sub-section 6 of section 167 Cr.P.C to ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....n was only a co-sharer in the disputed land, the lower apÂpellate Court illegally decreed the suit as a whole. The learned Advocate for the petitioners further subÂmitted that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party the decr......ners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 ......hat as the petitioners were in possession of the disputed land which is recorded in DP Khatian in their name and as Kamaluddin was only a co-sharer in the disputed land, the lower apÂpellate Court illegally decreed the suit as a whole. The learned Advocate for the petitioners further subÂmitted th..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....on of imminent death. Taking advantage of his ailments, his third wife i.e. defendant No.1 Mst. Monowara Begum, by exercising undue influence, obtained a collusive Hebanama in respect of the schedule property from her husband Abdur Rahman Sikder. The said hebanama was executed on 1.11.67 and registe......¦â€¦Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Sha......eed itself that the donor has expressly given the possession of the property mentioned in the schedule of the said heba and that having been read out, and explained we hold that there exist valid and legal offer, acceptance and delivery of possession in the instant case. That Abdur Rahman Sikder, th..Category: Property Law | Date: | Hits: 152
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