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Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....ence and materials on record, that the learned trial Court has decreed the suit illegally without finding that the plaintiff has failed to prove his case, the learned trial Court has misconceived the provision of Clause 8(b) of the Insurance policy and erroneously found the suit is not barred by lim......suit by the parties. 9. Mr. Manjurur Rahim, the learned Counsel for the defendant-appellant to annul the impugned judgment and decree, submits that, the decree of the learned trial Court is bad in law as well as in fact and merit of the case and is liable to be set aside, that the impugned judgme..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......e accused persons. But these facts are not sufficient to hold that the accused persons, in fact, committed the murder. Suspicion, however, strong cannot take the place of proof. Prosecution under the law is bound to prove its case beyond all reasonable doubt and if it is found that there is doubt in..Category: Criminal Law | Date: | Hits: 129
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.......learned family judge further found that the plaintiff was entitled to both prompt dower amounting to Taka 43,000.00 and deferred dower amounting to Taka 42,000.00 in all Taka 85,000.00 in view of the law contained in the Muslim Family Laws Ordinance, 1961. The other claim of the plaintiff for value ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....Mr. Bhuiyan drew our attention to section 58 of the Transfer of Property Act which defines mortgage, while clause (f) of section 58 defines mortgage by depositing title deeds and then submits, such a provision cannot be taken lightly and cannot be permitted to be exercised frequently so as to render......d the order of stay on 16-11-2009 and it was also directed by this Court that the Artha Rin Adalat, 1st Court, Chittagong to proceed with the Artha Rin Adalat Case No.340 of 2005 in accordance with law. Thereafter, being aggrieved by the aforesaid order Mr. MA Salam as a director of Capital Ship B..Category: Civil Law | Date: | Hits: 235
.... could not be filed in time for which the delay should be condoned for ends of justice.
3. The law is well settled that under a special law where a time limit has been given to file an appeal, the provision of section 5 of Limitation Act will not apply and the Customs Act being a Special law the ......ted in the application for condonation of delay that due to bona fide and unintentional mistake appeal could not be filed in time for which the delay should be condoned for ends of justice.
3. The law is well settled that under a special law where a time limit has been given to file an appeal, th..
Category: Limitation Law | Date: | Hits: 324
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......abacha within Police Station Patharghata, District Borguna. 3. The informant lodged a First Information Report with the Patharghata Police Station at 11.35 A.M. on 14.8.85 alleging that his son-in-law Manik Bala, the condemned prisoner, married his daughter Alo Tara 7/8 months prior to the date o..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
....omplaint has been filed by complainant opposite party No.1 Md. Zakaria and cognizance of the offence under section 467 of the Penal Code has been taken against the accused in contravention of the provisions of sections 195 and 476 of the Code of Criminal Procedure. 2. In this case complainant......ing in petition Case No.757 at of 1986 of Court of the Additional Chief Metropolitan Magistrate, Dhaka is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 43..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....did not raise any objection after the dissolution and reconstitution and as such there was a new contract between defendant Nos.1 and 2 and the contract of 1973 was legally novated in 1978 as per the provisions of section 62 of the Contract Act to which Mr. T.H. Khan says that story of novation shou...... Is the suit maintainable in its present form? 2. Is the suit void? 3. Is there any privity of contract between the Plaintiffs and the defendants? 4. Is the agreement, if any, enforceable in law? 5. Is the suit bad for defect of parties? 6. Is the suit barred by limitation? 7. Are ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....rules and regulations of the Board of Intermediate and Secondary Education and that the pay of the petitioner has been correctly fixed on 1-7-77 in the New National Pay Scales, in accordance with the provision of the Government Notification dated 30-10-78 and Bangladesh Jute Mills Corporation’s ci......86 calling upon the respondent 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 i..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....e Act prohibits movement of any antiquity from one place in Bangladesh to another with the object of e it in contravention of section 22 and also imposes certain penalty for contravention of the said provision. Sub-section (2) of section 23 reads as follows: “28. Jurisdiction to try offences.- ...... Heard the learned Advocates and perused the record. 8. It appears that the Antiquities Act, 1968 (Act No.XIV of 1968) (hereinafter referred to as the Act) was enacted to consolidate and amend the law relating to the preservation and protection of the antiquities. 9. The word "antiquity" was ..Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... filed a written objection denying all the material allegations made in the application for addition of party and contended, inter alia, that the petition for addition of party is not maintainable in law, and it is hit by doctrine of lis pendens under section 52 of the Transfer of Property Act, and ..Category: Procedural Law | Date: | Hits: 121
.... On the other hand, the learned Counsel for the petitioner has referred to certain decisions and the nature of his work which shows that he was in fact a worker and not an employer and therefore, the provisions of the Standing Orders Act applied to him. We will not go into the question whether the p....../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 lawful authority and is of no legal effect.
2. The case of the petitioner is as follows:
He ha..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....is also contended that the decree is not sustainable because after filing of the award by the arbitrator before the Court, the Court did not notify the present petitioner about same pursuant to the provisions of section 20 of the Act in that view of the matter being in the dark about the arbitrati......sent petitioner filed reply taking a number of grounds and contented that the execution case in it's present form and manner is not maintainable among other as the decree is a nullity in the eye of law. However, that objection was rejected by the Executing Court. Warrant of arrest was issued again..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....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. ......m and Mintu and also appellants Abdul Gofran, Giasuddin and Abdus Sattar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Tak..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ancy Act reads as under: “76. (1) Settlement and use of land vested in the Government; Except as otherwise expressly provided in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government, and the Government sha...... by the aforesaid impugned orders. 12. The suit land is, no doubt, char land and agricultural in nature which invokes sections 76 and 81 of the State Acquisition and Tenancy Act being the relevant law for the purpose of settlement of the suit land by way of lease. Section 81(b) has been incorpora..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ...... J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of her eldest brother-in-law Sadak Molla and started damaging the jute crop whereupon Sadek went to the field, caught hold of..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....out conceding that there was mistake in stating the area, the mistake cannot be rectified by a mere Gazette Notification to deny the right of the petitioner to get compensation in accordance with the provision of Ordinance No.11 of 1982 at the current market rate. It is stated that by virtue of Gaze......o.DA-37/80/681-Acqiun dated 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 w..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....lication under Order 21 rule 29 read with section 151 of the Code of Civil Procedure holding the said application ought to have been made in execution case itself ignoring the true import of the said provision of law. 4. Rabi Shankar Chakrabarty, the learned Advocate appearing for the defendant-O......2 of 1993 pending in the First Court of Additional Judge, Sadar Chittagong. 3. Abdul Momen Chowdhury, the learned Advocate appearing for the petitioner, has submitted that the Court below erred in law in rejecting the application under Order 21 rule 29 read with section 151 of the Code of Civil P..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....et the case set up in the amended plaint. 8. The defendant cannot have unfettered right to change the written statement in toto or substitute it by a completely new written statement. Although the provisions of Order 6 rule 17 may not strictly govern such amendment in the written statement by an ......additional written statement without assigning any reason. 5. The question that has arisen in the facts and circumstances of the case is, as to whether the trial Court has acted in accordance with law in accepting the additional written statement. Order 8 rule 9 of the Code of Civil Procedure dea..Category: Procedural Law | Date: | Hits: 148
....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.
......contract. Against this judgment and decree, defendant No.1 has preferred this appeal.
4. Mr. MI Farooqui, learned Advocate for defendant No.1 appellant, has submitted that the Court below erred in law in not holding that the suit was not properly constituted because the Government, though a neces..
Category: Property Law | Date: | Hits: 120
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