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Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......case is that, the suit is barred by limitation and that the impugned unregistered kabala was brought into existence in collusion with the deed writers and the said unregistered kabala is an antedated document and that Guru Das Halder and others did never execute any kabala in favour of the father of..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: .......2010. Upon considering the issues the plaintiff examined two witnesses as P.W.1 Md. Ezazul Hoq, Manager (Marine) P.W.2 namely Abdul Khaleque, 3rd class Master, Code No. 81349. The P.Ws submitted the documents which have been marked as exhibits 1 to 6 which is described in the following table: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....in discharging the consignment from the ship and remaining unpaid for the last 13 years the plaintiff is entitled to recover the compensation with interest @ 18% per annum which will meet the ends of justice. The defendant since never expressed his intention to pay off this lawful claim of the plain......he plaintiff examined one witness as P.W.1, the Managing Director of the plaintiff’s company, Alhaj Md. Fazlur Rahman on 6.7.1999, 15.7.1999, 27.7.1999 and also on 3.8.2009. The P.W.1 filed several documents out of which the following have been marked exhibit 1 to Exhibit 12 which are follows: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....d order. 5. In view of the submission of the learned advocate for the petitioners to the effect that the Investigation Officer could not conclude the further investigation, we are of the view that justice would be met if a time is fixed for concluding the further investigation of the case. 5. ......enlarged on bail. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 4. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the application for bail and the impugned order. 5. In view of the submissio..Category: Criminal Law | Date: | Hits: 71
Gias Uddin Vs. State, 2011, 40 CLC (HCD)
.... and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not make the case ready for trial, we are of the view that justice would be met if a time is fixed for making the case ready for trial. Accordingly the rule...... 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 7. In view of the submis..Category: Criminal Law | Date: | Hits: 58
Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)
....y affidavit and the impugned order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not produce any witness, we are of the view that justice would be met if a time is fixed to produce any witness of the case. Accordingly the appea....... 6. The learned Assistant Attorney General appearing for the respondent opposes the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 8. In view of the submis..Category: Criminal Law | Date: | Hits: 65
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....ner at the cost of the Government, the accused should he acquitted [referring to 27 DLR (AD) 1] and alternatively, he submits that at least there should be commutation of the sentence for the ends of justice. He further submits that from the record it appears that the State defence lawyer did not ta......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ...... to purchase the suit property. 7. In this case the plaintiff examined 2 witnesses namely, P.Ws. 1 and 2 and the defendants also examined 2 witnesses namely, D.Ws. 1 and 2. Plaintiff filed several documents and papers in support of this case and those documents and papers have been marked as Exhi..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......avour of the petitioner company on 2-2-1979 for construction of passenger Marine vessel of two engines and in terms of the sanction petitioner company executed necessary loan agreement and registered document of mortgage at the Registrar of Joint Stock Companies as documents of security of the vesse..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e deed writer of both the impugned registered deed being No. 2192 dated 3.3.1999 and also the Bainapatra dated 31.12.1997. 8. The Trial Court upon examining the materials on record, the exhibited documents, and the depositions of the witnesses having been satisfied that the plaintiff proved his ..Category: Property Law | Date: | Hits: 74
Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)
.... bail and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not submit the police report, we are of the view that justice would be met if a time is fixed for submitting the police report. Accordingly the rule is......petitioner. 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the application for bail and the impugned order. 7. In view of the submissio..Category: Criminal Law | Date: | Hits: 61
Abdul Ohid Vs. State, 2011, 40 CLC (HCD)
....n for bail and the impugned order. 8. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not make the case ready, we are of the view that justice would be met if a time is fixed to make the case ready for hearing. Accordingly the rule ......petitioner. 6. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the application for bail and the impugned order. 8. In view of the submissio..Category: Criminal Law | Date: | Hits: 64
Md. Nashir Vs. State, 2011, 40 CLC (HCD)
....and the impugned order. 8. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not conclude the trial of the case, we are of the view that justice would be met if a time is fixed to conclude the trial. 9. Accordingly the rule is dispose......rned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, supplementary affidavit, relevant documents annexed to the application for bail and the impugned order. 8. In view of the submissio..Category: Criminal Law | Date: | Hits: 61
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......hers PLD 1967 Dacca 190 = 18 DLR 709.
8. But in exercising this power the Court can look into the statements in the plaint alone. It cannot consider any fact stated in the written statement or any document produced by the defendant.
9. I have gone through the statements made in the certified c..
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
.... find any cogent reason to interfere with the impugned order. The court of appeal below does not appear to have committed any error of law resulting in an error in the decision occasioning failure of justice in setting aside the judgment and order passed by the learned Subordinate Judge, Moulavibaza......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....reversed the judgment and decree passed by the trial court and wrongfully dismissed the suit and committed an error of law apparent on the face of the record in the decision resulting into failure of justice and as such this court finds merit in the Rule which is required to made absolute. In the......4th Sub-Judge against the said vendor Gousul Huda and son of the instant plaintiffs, namely Momenul Islam and Amirul Islam, which is now pending. The said two sons of the plaintiff created two forged documents concerning the said 0.52 acres of land and accordingly the defendant prayed for cancellati..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....hen a statute requires that something shall be done or done in a particular manner or form declaring what shall be the consequence, it shall be regarded as imperative. It is the duty of the Courts of justice to try to get at the real intention of the legislature. 11. In cases where a complaint ha......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....on-speaking order, which is no order in the eye of law. Therefore, the impugned order being bad in law is liable to be set aside and the application should be disposed of on merit to meet the ends of justice. 6. On the other hand Mrs. Nowazish Ara Begum, the learned Assistant Attorney General app......istant Judge, Shibpur, Narshingdhi in Title Suit No. 3 of 1998 rejecting their application under Order XI rule 14 of the Code of Civil Procedure for a direction upon the defendants to produce certain documents. 2. Facts relevant for disposal of the Rule are that the petitioners as plaintiffs inst..Category: Property Law | Date: | Hits: 58
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