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Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....ecree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......02.1968. Defendant No. 4 M/s. Birds (Pakistan) Agency Ltd. on receipt of the said letter informed the plaintiff by their letter Ext.5 (b) dated 27.02.1968 that the hold survey of these drums at the time of landing from the ship and defendant No.4's surveyor's finding had already been recorded in t......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....su Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......n of unauthorised SBBL gun and on getting such information be rushed to the spot and recovered the gun from the possession of the appellants. But he did not say in his evidence who was present at the time of recovery of the alleged gun and that procedure for search of the gun as laid down in section......appellants, submits that order of conviction is not based on any legal testimony and as such it is not sustainable, it is further submitted that material witnesses have been withhold to prove alleged recovery of the gun from the possession of the appellants and in absence of such proof the convictio......briefly be stated thus: On 4.11.80 OC Shahadat lodged an ejahar with Keraniganj Police Station that he got a secret information from one Babul that appellants were caught by villagers with fire arms and on getting information the OC Shahadat rushed to the place of occurrence and arrested the a..Category: Criminal Law | Date: | Hits: 125
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....Rule is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla and another Vs. Parul Bala Debi and others, 24 DLR 117; Md. Amir Hossein Sardar Vs. Swat Chandra and others, 31 DLR 109; Mozaffar Ahmed & others Vs. Moulvi Saleh Ahmed and others, 40......apse of about 4‑1/2 months the said plaintiffs filed another suit being Title Suit No.183 of 1986 in the 4th Court of Munsif, now Assistant Judge, Dhaka in respect of the self‑same property. This time an injunctive relief was sought for against the same set of defendants on the averment that the...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552....... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... Deputy Commissioner (Revenue), Sylhet.................Petitioner. Vs. Sudhir Chandra.................Opposite Party Judgment January 10, 1991. Result: The application is summarily rejected. Lawyers Involved: Moksudur Rahman, Advocate - For the Peti......rt of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge of could not be produced by him at the time when the decree was passed or order made. of on account of some mistake or error apparent on th......e respondent‑opposite party as plaintiff through his attorney, one Shafiqui Haque Chowdhury, instituted Title Suit No.205 of 1985 in the Court of Munsif, Sadar Sylhet for declaration of title and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura nam...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ..Category: Property Law | Date: | Hits: 157
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
.... Judgment May 4, 1992. Result: The Rule is made absolute. Case Referred to- Dr. Nurul Islam Vs. Bangladesh represented by the Secretary, Ministry of Health and Population Control and others, 33 DLR (AD) 201. Lawyers Involved: Md. Hannan, with M Khaled A......arishad and because of his involvement in these two institutions he had not paid necessary attention to Naithong Mouza and his problem. As a result the people of Naithong Mouza had suffered in recent time. Further it has been alleged that the petitioner submitted a proposal to the Boundary Demarcati......ithout lawful authority and to be 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: 44 DLR (HCD) (1992) 539.......ithout lawful authority and to be 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: 44 DLR (HCD) (1992) 539...Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......ীরা এই ঘটনা দেখিয়াছে।” She further stated that they recovered the leg from the river and sent it to the morgue. In her cross‑examination she stated that at the time of occurrence her daughter was plucking leaves of green vegetable in the field when other perso......ed him to the ground‑nut field. He, however, denied the defence suggestion that Babor Ali was a dacoit and he was killed by unknown persons while committing dacoity. Although he denied the story of recovery of leg was false but admitted that he had no knowledge about recovery of the leg. He furthe......ccused persons to butcher Babor Ali with a Dao. He also said that Jilani had a rifle while Piar Mia had a pistol with him and in order to disperse them they opened blank fire. They were afraid of the arms and could not recover the dead body of Babor Ali from the accused who carried the dead body tow..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....t the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ...... in Diara map and the Collector's map as well. During the said survey there were accretions to CS Plot Nos.3,4,7,8, 9, and 101 of estate No.120 but tile land accreted to them were not surveyed at the time of Diara survey in 1940. For these accreted land defendant No.2 brought suits for additional re......7 of Collector's map as accretion to her land by purchase from Satish Chandra Bhadra. Defendant No.2 therefore prays for declaration of his title over the land accreted to touzi Nos.1144 and 120, for recovery of possession which are now in possession of the receiver appointed by the Collector and fo......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......and Fani Bhusan Poddar by a registered kabala dated 14th Aswin, 1336 B.S. Jogendra Lal Poddar is the defendant No.1 and defendants Nos.2-4 are the sons and wife of deceased Fani Bhusan Poddar. At the time of purchase of the suit property the plaintiff was 5/6 years old and Fani Bhusan 13/14 years ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....n (Dhaka Bench) (Criminal Miscellaneous Jurisdiction) Present: Md. Altaf Hossain J Abdul Bari Sarker J Mrs. Nafiza Mariam ................................Petitioner Vs. The State.............................................Respondent Judgment March 25, 1985. Result:...... the case of a detenue before the Advisory Board We are of the opinion that the Court has no such powers If the Government has failed to place the case before the Advisory Board within the prescribed time for whatever cause, there has been a violation of the mandate of law and the consequence shall ......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
............................................................Respondents Judgment September 11, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Ind...... bargaining agent and no application under section 34 I.R.O. could be made by individual workers. It was only by amendment of section 34 I.R.O. on 17.10.1970 that individual workman was for the first time allowed to apply under section 34 I.R.O. besides the collective Bargaining Agent and employer. ......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....h and others………………………..Respondents Judgment November 2, 2010. February 2, 2011. Result: The writ petition is rejected. Lawyers Involved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant......ly. 8. On perusal of the recital of the application it is clear that 195 Prisoners of War, the alleged perpetrators of the crime against humanity; were not under the custody of Bangladesh at the time of the agreement, rather they were under the custody of India and they were handed over to Paki...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491....... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
.... The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......f law. He further submits that the accused appellant was not aware of the proceeding or of the impugned judgment and that being arrested on 29-4‑1995 he came to know of the judgment for the first time and hence got the appeal filed. The learned Advocate further submits that there is no cogent ev......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....arlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......or of the defendant tenant entered into two lease agreements in respect of the suit premises on 12-1-1988 upon creating a monthly tenancy in the suit premises which were, subsequently, renewed from time to time on mutual consent. Lastly, on 22-1-1995 the predecessor of the plaintiff-landlords an......victed for violating the terms of the agreement; whether the plaintiff is entitled to get relief as prayed for on evicting the defendant tenant upon removing the unauthorized structures thereon and recovery of arrear rent including compensation. 6. The plaintiffs in support of their claim adduc......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....ly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......at 1.30 p.m. at Paschim Goshaidanga, house of Dewan Ali Showdagar and had lunch there. At about 2.00 p.m. the condemned petitioner went to her fathers’ house when her daughter asked him to come sometime after as there were some lady guests. He again went there at 4.00 p.m. and was entertained and ...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......e allotment. So, the complainant had been waiting for the expiry of the said 10 years with the expectation that the accused-petitioner would execute a deed of sale in favour of the complainant in due time. The accused-petitioner had delivered to the complainant on 09.11.2000 the original documents r...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....e impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......the accused under section 19(ka) (cha) of the Arms Act. When the said charge was read over, the accused present pleaded not guilty and claimed to be tried. The case record was again transferred, this time to the Court of Judge, Special Tribunal No.6, Comilla for trial. During the course of trial the......sonnel. He never kept the Arms from where it was recovered and he did not have exclusive possession and control over the seized Arms because he had been in custody since one and half years before the recovery in connection with a false case, i.e. Muradnagar P.S. Case No.7 dated 18.12.1998. 7.......y Attorney General appearing on behalf of the petitioner submits that while the accused respondent was in police remand in connection with another case, he disclosed that he himself kept some illegal arms at his house and on his pointing out the police force who went to the place of occurrence house..Category: Criminal Law | Date: | Hits: 119
Category: Property Law | Date: | Hits: 181
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....reme Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Resu...... the petitioner, he replies that after receipt of legal notice, within the stipulated period the accused-petitioner neither make the payment nor he took any step to make the payment in the subsequent time which clearly shows that the accused-petitioner had no intention to make the payment of the che......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....Petitioners Vs. Md. Raja Meah and others……………………Opposite Parties Judgment July 14, 2010. Result: The Rule is made absolute. Case Referred to- Jiban Bima Corporation Vs. Mahibul Majid, 52 DLR 186. Lawyers Involved: Fariduddin Khan, Advocate - For Petitio...... Court and to submit reply as to why allegations for contempt/violation of the Court should not be brought against them. The present judgment-debtor petitioners appeared in the Court and prayed for time to give reply to the show cause notice and on 8-6-2003 judgment-debtor petitioners filed an a...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..Category: Civil Law | Date: | Hits: 166