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Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)

.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawye...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......he High Court Division, Dhaka in Civil Revision No. 575 of 1987). Judgment: Mustafa Kamal J.- The plaintiff-respondent filed Title Suit No. 546 of 1974 in the 1st Court of Subordinate Judge, Dhaka ..

Category: Property Law | Date: | Hits: 49

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ...... S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the High Court at Dacca dated the 29th April, 196......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......hipping company which filed the application under section 34 of the Arbitration Act. 3. The suit is for realisation of Rs. 90,204/- as compensation for an alleged loss sustained by the plaintiff owing to damage caused to part of a consignment of wheat carried by a ship of the first ..

Category: Civil Law | Date: | Hits: 110

Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)

....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... case is also reported in: 46 DLR (AD) (1994) 190 ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... persons, namely opposite parties Nos. 7-11, were impleaded as defendants. This order was sought to be reviewed by the petitioner, but the review petition was dismissed. Thereupon, the petitioner (plaintiff filed a revisional application (Civil Order No. No. 348 of 1992), but it was summarily re..

Category: Banking Law | Date: | Hits: 106

Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)

....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......ported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......he got no locus standi to file the suits in the Admiralty Court. That Court, on construction of section 6 of the Admiralty Court Act, 1861, accepted this contention and returned the plaints to the plaintiff. 3. Mr. Manzur-ur-Rahim, learned Advocate for the petitioner contends that the Ins..

Category: Admiralty Law or Maritime Law | Date: | Hits: 218

Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)

....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......reported in: 46 DLR (AD) (1994) 183 ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......rt Division Sy1het Bench in SA No. 554 of 1978). Judgment: ATM Afzal J.- This appeal by the plaintiff following leave is from Judgment and Decree dated 16 February, 1984, passed by a Single J..

Category: Property Law | Date: | Hits: 80

Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)

....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sultana Jute Mills Ltd. and others................... Appellants Vs. Agrani Bank and others................ Responde......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......) of rule 6 of Order VIII makes it quite clear that a plea of set-off or counter-claim is a claim for satisfaction of a debt to the defendant. The plea of set-off sets off a further chain of lis. The plaintiff acquires the right to file a written statement to the defendant's claim and the Court has ..

Category: Banking Law | Date: | Hits: 168

Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)

....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......bsp; Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......ion in its revisional jurisdiction could reverse such a finding. If the first question is answered in the negative, then the second question will be in the affirmative. 2. Facts are that the plaintiffs are appellants. The premises in suit consisting of 3 huts belonged to Gurudas Singha wh..

Category: Civil Law | Date: | Hits: 134

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... Appellate Division (Civil) Present: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-ope...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......bsp; Badrul Haider Chowdhury J.- This appeal is directed against the judgment and order passed by the High Court Division in FA No. 68 of 1962. 2. The appellants are plaintiffs. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordin..

Category: Property Law | Date: | Hits: 130

Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)

....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......6 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ...... (From the judgment and order dated 19.1.89 passed by the High Court Division, Sylhet Bench in Civil Revision Nos.146 and 147 of 1987). Judgment: Latifur Rahman J.- These two appeals by the plaintiffs following leave, is directed against the judgments passed by a Single Judge of the High C..

Category: Tenancy Law | Date: | Hits: 81

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......ant School, requested him to allow his relation Rehana Yasmin, to appear in the SSC Examination, though she fared very badly in the test examination. In view of a decision of the School Committee the plaintiff could not allow that student to appear in the SSC Examination. On 11 January 1987 the plai..

Category: Employment/Service Law | Date: | Hits: 101

Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)

....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ...... The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy is�......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ...... No. 2291 of 1990 affirming the judgment and decree passed by the Subordinate Judge, 3rd Court and SCC Judge, Dhaka in SCC Suit No. 6 of 1985 for ejectment of a monthly tenant. 2. The case of the plaintiff-respondent is that, defendant-appellant was inducted as a periodical lessee in the suit pr..

Category: Tenancy Law | Date: | Hits: 87

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......��………..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ..........he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......ate authority affirming that decision. Kaikaus, J held: "There is more than one answer to this question. The appellant could have filed a suit even when the Collector passed the order because the plaintiff was entitled to waive his right of appeal against the decision of the Collector and to say..

Category: Administrative Law | Date: | Hits: 129

Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)

....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J. Zahirul Islam and Abul Kalam Azad ……………..petitioners (In CP Nos. 251, 318/93). ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......of the decretal amount, as required under the Artha Rin Adalat Act, 1990, the Memo of appeal and the court fees were returned on 20 July 1991 to the petitioner's filing Advocate. 4. The plaintiff‑Bank filed FA No. 771 of 1991 in the High Court Division against the said judgment ..

Category: Civil Law | Date: | Hits: 122

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......pecific laws, to award interest for pre‑suit period more or less in the cases as described in the repealed Act of 1839. In the suit which led to the appeal before us CA 46 of 1991 the seller (plaintiff) claimed the price of goods sold along with interest thereon as the buyer (defendant) did..

Category: Business or Commercial Law | Date: | Hits: 98

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Director....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment January 18, 1994. ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......esult: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within the jurisdiction of Moulvibazar and subsequent refusal to adjus..

Category: Procedural Law | Date: | Hits: 91

Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)

....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ...... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civil Appeal No. 50 of 1992). Dr. Kamal Hossain, Senior Advocate (Mainul Hosein and Md. Joynal Abedin, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- Fo......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..

Category: Administrative Law | Date: | Hits: 143

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ct Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The ge......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ion of the suit. Mr. Asrarul Hossain, teamed Counsel for the defendant-appellant (here‑in‑after defendant) contends that the Court got no power; and Kh. Mahbubuddin Ahmed, learned Counsel for the plaintiff-respondent (hereinafter plaintiff) contends that the Court certainly got such powers but, ..

Category: Business or Commercial Law | Date: | Hits: 128

Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)

....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (absent) - For the Appellant. Md. Aftab Hossain, Advocate-on-Rec......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......e suit premises at his own cost." The above observation is not warranted by the evidence on record. The landlord's witness PW I Md. Sultan Ahmed alias Abdul Jalil, an agent of the plaintiff, admitted at the trial that the war of liberation practically began in the month of Febru..

Category: Property Law | Date: | Hits: 79

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak a......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... properties being in possession for more than 12 years. First appellant as plaint at filed OC Suit No. 66 of 1975 in the same Court for declaration in respect of the self same properties making the plaintiffs of the other suit as the defendants along (sic) with others. Both the suits were tried a..

Category: Property Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......s also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..

Category: Procedural Law | Date: | Hits: 121

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