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Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....Inspectors whose job is of supervisory nature to Sub-Assistant Cane Development Officer and because of this change, the status of the writ petitioners was changed and they were barred from taking part in trade union activities and also from getting overtime allowance for doing any job overti......k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508...Category: Employment/Service Law | Date: | Hits: 85
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....t, 2000, and accordingly the suit has been filed in proper forum. 6. The Admiralty Court on consideration of the material on record and the submissions of the learned Advocates of the respective parties as well as relying on a foreign decision in the case of SONIA's reported in (1983) 2 Lloyd...... return of the containers lying with the defendant No.1 without success and that the cause of action arose for the suit as the defendant No.1 denied return of the said containers on the ground of non-payment of its dues for storing the containers. 4. The defendant-petitioner hereof entered ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....fect filed a solenama on 8th September, 1986 admitting the plaintiff’s title of that suit. Kashem Ali and Sonai Bibi, son and wife of Rahman Ali thereupon instituted Title Suit No.138 of 1969 for partition in First Court of Munsif, Barisal and obtained a decree on 22nd December, 1969 which was c......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
..... He also stoutly denied having fraudulently got the deed of Hiba‑Bil‑Ewaz scribbled and got it executed and registered by the plaintiff. 5. After considering the evidence adduced by both the parties in the surrounding circumstances and after hearing the parties the learned Assistant Judge d......he defendant and paid him the amount of the principal loan of Tk. 25000.00 along with Tk. 2000.00 as profit and another Tk. 3,000.00 towards the costs of execution and registration of the deed. After payment of the aforesaid amount he demanded back the deed but the defendant did not hand over the de...... as had been arranged between him and the defendant. Therefore, on 5.11.84 the plaintiff accompanied by his son‑in‑law, went to the house of the defendant and paid him the amount of the principal loan of Tk. 25000.00 along with Tk. 2000.00 as profit and another Tk. 3,000.00 towards the costs of ..Category: Property Law | Date: | Hits: 87
....asis of a registered deed of lease executed and registered on 1.2.63 by the aforesaid lessee and the erstwhile Government of East Pakistan. The lessee, Md. Moinuddin, paid the premium of the lease in part and got possession in the disputed house. He also paid rent of the disputed house. After some t......Md. Moinuddin entered into a contract of sale of the disputed house with the petitioner No.1 for a consideration of Taka 7000.00 and executed a deed of agreement in her favour on receiving an advance payment of Taka 6001.00 stipulating to execute and register a deed of sale in due time after receivi......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
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Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
.....6.65 that the following penalties could be imposed by the Corporation for misconduct‑ (a) postponement or stoppage of increment; (b) recovery from the pay and security deposits the whole or part of any pecuniary loss caused to the Corporation by his negligence; (c) suspension; (d) di......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598...Category: Employment/Service Law | Date: | Hits: 177
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....re judgment passed on March 7, 1988 by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.16 of 1988. 2. The short facts necessary for disposal of this rule are: The opposite party instituted Money Suit No.16 of 1988 against the petitioners for Tk. 29,12,192.59 for alleged l...... opposite party 1 had no locus standi to file the suit the application for attachment was to be rejected. It was further stated that the plaintiff as Charterer is not entitled to claim any amount for payment to the consignee or the Customs Authority for the alleged loss. The petitioners stated furth......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....‑mortem examination over the dead body of deceased Rozina Khatun and he found one haematoma on the middle of the right parietal region measuring about 2" circumference, one bruise on the anterotral part of the left parietal region measuring 1‑½" x 1" and on dissection he found one linear fractu......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..Category: Criminal Law | Date: | Hits: 66
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....rate was entered from a previous sale receipt by forgery. The alleged transaction with the complainant was in course of bona fide business of the accused and there was no intention of cheating on his part. But the complainant out of greed and for wrongful gain filed the false case against the accuse......the appellant. Court of appeal below noticed that the accused is an importer of motor pumps from foreign countries and admittedly since 1982 he had been selling the same through the appellant and the payment of Tk. 99,050.00 vide receipt Ext. 2 by the appellant to the accused on account of past dues......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..Category: Criminal Law | Date: | Hits: 69
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....ed under section 3(2) of the Special Powers Act. Moreover, we have noticed that the detenu is a Buddhist Monk and he was arrested from a temple. This is, according to us a high‑handed action on the part of the joint forces. The detenu a monk cannot be arrested in the manner in which he has been ar......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...Category: Criminal Law | Date: | Hits: 55
....t older than 5 years at the time of shipment. The Chassis Book referred to by the Customs Authority in their impugned order, vide Annexure-A was not a condition precedent at the relevant time. This particular condition was provided in the Import Policy Order, 1997‑2002 and this Import Policy Ord......s of a Chassis book which does not cover those vehicles that were manufactured in the year 1992.
At the time of issuance of the Rule a direction was given to release the consignment in question on payment of customs duties and taxes on the basis of the documents submitted by the petitioner. No fu...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
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Category: Business or Commercial Law | Date: | Hits: 209
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....the informant told him that for cutting of jute from his land Mansur Fakir lodged a GD entry against him. He asked him to accompany him to the police station. He went with him there. Police asked the parties not to break the peace. When he reached the place of occurrence, he saw Razzak Fakir lying d......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
.... Mr. Farooqui has urged that the question whether the disputed house is an abandoned property or not had once been decided by a legally constituted forum provided under PO 16 of 1972 between the same parties and, as such, unless the said decision by a statutory authority constituted under PO 16 of 1......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....- This appeal by the plaintiff is against judgment and decree dated 20.2.75 passed by the District Judge, Jessore in Probate Suit No.12 of 1973 dismissing the suit. 2. Admitted case of both of the parties is that Radha Charan, Raban and Janmajoy were three brothers of whom Raban died leaving only......aving the plaintiff and defendant Nos. 3‑7 as cousin brother's sons. 3. The case of the plaintiff is that on 1.4.1957 the said Parash sold some lands to him by a registered sale deed Ext. 1 in repayment of the sum of Tk. 600.00 borrowed from him to meet expenses to perform puja, etc. and execut......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... of the issues. On the question of temporary injunction, Mr. Pal contends that the learned judge has committed an error of law in not bolding that the plaintiff would suffer irreparable injury if the part‑result of the election is declared before election in the remaining 19 centres are held and t...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....peal at the instance of the defendant Nos. 1, 2 and 15 is directed against tile judgment and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....ne witness whereas the defendants examined two witnesses. The plaintiff also submitted some documents and papers which have been duly marked as exhibits in the suit. On the aforesaid pleadings of the parties the trial Court framed four issues which were heard and disposed of together. After consider......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....sed legally as Rabitat failed to deposit the compensation money within the stipulated time in accordance with law and therefore, the proceedings stood abated. The High Court Division upon hearing the parties and by the impugned judgment made the rule absolute but it did not declare the impugned Gaze......r as per provision of section 5 of the Ordinance made decision as regards acquisition on 18th August, 1990 vide annexure B to the affidavit-in-opposition of respondent No.5. Award under section 7 for payment of compensation to the petitioners was made by the Deputy Commissioner on 8th April, 1991 an...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....d Magistrate, First Class, Jessore. 2. The facts as set out in the memo of Criminal Miscellaneous Case No.4427 of 2001, inter alia, are that one Md. Habibur Rahman, A.G.M. of Janata Bank (opposite party No.2) ("complainant") filed a petition of complaint on 31.03.1994 before the court of the le......inant bank. The accused were not entitled to take delivery of the goods without endorsement from the bank in favour of accused Nos.2,3,5 and 6 (of the complaint), Original Invoice and without the payment clearance certificate from the Tan Bazar Branch of Janata Bank. The exporters kept on sendin...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....etitioner had illicid connection with the member of Pakistan Army; that subsequently the accused-petitioner fled away with one Nanta with ornaments, hard cash, articles and documents and the opposite party filed C.R. Case No.24 of 1992 in the Court of Sadar Thana Magistrate, Perojpur; that after tha......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ..Category: Criminal Law | Date: | Hits: 165
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