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Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....nding of unmanifested cargo it was the duty of the consignee to locate the same following nil mark procedure and the consignee not having been done so his client has no responsibility for the loss of goods in view of the provisions of sub-rules (f) and (g) of Rule 64 of General Rules and Schedules f......m the plaintiff about landing of the goods nor it made any serious effort to find out what happened to the goods that had been delivered. In the instant case before me it appears from the evidence on record that 54 drums were available in the jetty premises at the time of joint checking. Therefore, ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
...... or near the acquired property. The Additional Deputy Commissioner (Revenue), Mymensingh fixed 8.4.84 and then 20.4.84 for hearing of the objection but ultimately did not hear the matter and sent the records of the case to the Land Acquisition Office at Kishoregonj. The Additional Deputy Commissione......new district headquarter on 26.4.84. Before the records reached the new district head quarter the Mymensingh, District Land Acquisition Office legally completed the procedure of acquisition including service of notice under Section 6 and 7 (aa) of the Ordinance. It is further stated that the deed of..
Category: Property Law | Date: | Hits: 116
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......ises there being a business between the parties who happened to be close relations, the defendant made the constructions and was doing the business there. 4. On consideration of the evidence on record the trial Court decreed the suit in favour of the plaintiff-opposite party. 5. Being ag......se while issuing notice under section 106 of the Transfer of Property Act, I am of the opinion that the notice is not a valid notice terminating the tenancy of the defendant. 11. In case of non-service of valid notice under section 106 of the Transfer of Property Act, the decision in the case ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......t be charged under section 304 of the Penal Code. 9. On the other hand, Mrs. Syeda Rabia Begum, learned Assistant Attorney General appearing for the State, submits that in view of the evidence on record, the allegation of inflicting fatal injury on a vital organ like left chest of the victim and......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
....ose to take indulgence to consider some of the aforesaid cited decisions", already received consideration of their Lordships, in the light of the facts and circumstances of the instant case, as a good gesture of appreciating the arguments of the learned counsels of both the sides.
35. The ear......y, the impugned provision cannot also be termed unconstitutional.
For the reasons stated above, the Rule is discharged without, however, any order as to cost.
47. Before parting with the case record we like to record our deep appreciation for the assistance we have received from Mr. Nurullah.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
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Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......f immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or (d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court. (2) The Court which pa....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....he findings of their Lordship reported in 12 MLR (AD) 25 = 59 DLR (AD) 54. We also consider that the decision of our apex Court in Mozibur Rahman Vs. Bangladesh referred in 44 DLR (AD) 111 is still a good law for a person in the service of Republic which strongly observed as follows: "46. Appella......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......e of Taka 5100-10360 and for the petitioner No.2 in the scale of Taka 4,100-8820. 3. It is stated that the petitioner No.1 Abdus Samad Miah was appointed on 17-9-1974 as LD Clerk and joined in the service on 20-9-1974 in the same post under the Ministry of Education. On 20-9-1981 he was promoted ..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......sioner of Customs and was posted to a new place. It has been further stated that the allegation against the petitioner is that he has committed offence, that took place long after he relinquished his service on 18-12-2005, relating to evasion of customs duties and other charges amounting to Taka 43,..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......hatian but they filed CS Khatian No.222, Exhibit Ga which shows that the land of this Khatian belonged to Ismail Beg and Abdul Beg. 9. It may be mentioned that no statements about CS as well as SA record have been made in the body of the plaint. The genealogy of the CS recorded to Rants has not b...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......de of Civil Procedure was barred by limitation. He further submits that the lower appellate Court did not commit any error of law in arriving at its findings, rather the same are based on evidence on record and as such, the findings of fact arrived at by the lower appellate Court as a final Court of......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......itten statement on 31-10-2007 and 13-11-2007 but the petitioners and the defendant No.5 did not file written statement and therefore, the suit was decreed ex parte on 2-1-2008. It is evident from the record that the petitioners were well aware about the Artha Rin Suit No.45 of 2003 since 19-9-2003 a......er alia, that all the defendants of Artha Rin Suit No.45 of 2003 reside together in the same house. Defendant No.5 is the mother of defendants Nos.2-4 of the Artha Rin Suit. Being satisfied, with the services of summons/notices in accordance with law, the learned Judge of the Adalat fixed a date for..Category: Civil Law | Date: | Hits: 157
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......ged to Gopal Mondal who died leaving behind two daughters namely, Maharani Mondal and Sachi Rani. Maharani Mondal died leaving behind one son, Gurudas Sarker. During S.A. operation, the suit land was recorded in the names of Gurudas Sarker and Debendra Mondal in S. A. khatian No.155 in C. S. and S. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......aintiffs filed Title Suit No.572 of 1970 in the First Court of the then Munsif, Kushtia for declaration of title. The case of the plaintiffs, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belonged to Brojendra Nath Chattpadhy......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......04 making the Rule absolute. 2. The facts narrated in this appeal are précised below: Alhaj Sheikh Mohammed Noor, father of the respondent herein, purchased 30.50 acres of land from the S. A. recorded owner. After purchase, he has been possessing the same. The predecessor-in-interest of the ......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 121
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....trap cases and, as such, the case itself is void ab-initio. He further submits that the accused-petitioner herein is a responsible officer of Anti-Corruption Commission and he has been serving with good reputation and he was discharging his duties very sincerely and honesty but due to misunderst......7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in video camera and RAB forces arrested the accused-petitioner on the spot with the afore......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......decree dated 12-9-2007 passed by the learned Joint District Judge, 5th Court, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......4-2007 instituted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 terminating the plaintiff from the service of the defendant No.1. Bank from the post of Executive Vice President is illegal, void and n..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....the Adalat by using false address is not true and all the addresses given by the Bank in the plaint are correct addresses of the petitioner. He also contends that it has already been settled in a good number of cases by this Division that in an Artha Rin Suit an execution case may be filed after......2007 is lawful and the rule is liable to be discharged. 9. We have examined the writ petition, supplementary affidavit, affidavit-in-opposition, affidavit-in-reply and the connected materials on record. 10. It is admitted proposition that the petitioner is a director of the Company, namely......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
.... surprise visit with a patrol party to the border areas Boirchuna border outpost in the District of Dinajpur on 1.1.86 at about 8 P.M. and caught red-handed 10 smugglers along with various smuggled goods amounting to Tk. 1,39,890/- and he found 7 Riflemen out of a total strength of 14 of the said ....... These are clearly cases of discharge from service in consequence of disciplinary case under BDR Regulations. These are discharge from service with a stigma. There is absolutely no material on record that any disciplinary proceeding was at all instituted against the petitioners at any stage...... some other Bangladesh Rifles personnel of the aforesaid outpost were kept in the said Headquarter up to 21.1.86 and on 22.1.86 the petitioners were informed verbally that they were discharged from service on and from that date and they were asked to go to Bangladesh Rifles Headquarter at Peelkhan..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ed the ex-parte judgment beyond the knowledge of the accused, that the accused and his wife after purchasing all the shares of the previous owners of the Decent Oil Mill Ltd., acted bonafide and in good faith in the interest of the Oil Mill by sending the machineries for repairing to Khulna as the......n are attesting witnesses of the relevant documents (which) I.O. seized from the Shilpa Bank, Pabna, under seizure list Ext.7. P.W.4 Syed Kabir Hossain, Sheristadar, has said that the I.O. seized the record of the Misc. Case No.40 of 1978 under seizure list Ext.8.........P.W.7 Mr. Khan, the present ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
.....79. If the kabala is adjudged to have been antedated, mere registration thereof would not pass any title to the lands in favour of its recipient and the plaintiffs kabala dated 26.4.79 would stand good. It appears from an endorsement on their back that the stamp papers used in the disputed kabala......Abdul Aziz Khan, a Deed Writer of Barguna as well as executed on 9.2.79 at Barguna but registered at Amtali Sub-Registrar's office on 6.6.79, The learned Munsif on a consideration of the materials on record has disbelieved the defence case of earlier agreement and held that the plaintiff is in posse......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
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