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Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......me charter party agreement dated 23rd July, 1996, it was stipulated that the time charterer shall provide and pay for all bunkers that may be required for the time charter period. He also stated that according to Clause 2 of the charter party agreement the charterer were required to provide and pay .......................Plaintiff Vs. MV Daizu Maru & others......................................Defendants Judgment March 10, 2002. Result: The suit is dismissed. Cases Referred to- The Silia" (1981) 2 Lloyd's Law Reports 535; Medway Drydock & Engineering Co. Ltd. Vs. mv...... bunkers either to get credit before he makes any supply or ensure that he will be paid from the time charterer or anybody else on his behalf. But if he supplies, without ensuring his own payment the law will not help him, because law will not help an indolent who is not himself diligent enough in h..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
.... He has denied to have exercised any force upon the respondents to get the licences renewed in his favour. 7. The petitioner having confronted with the aforesaid situation, sent a notice demanding justice through his Advocate, which has been marked as Annexure-B to this petition. The notice deman......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......……..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Abdur Rahim, Advocate — For the Petitioner AKM Shafiuddin,......pon the respondents to show cause as to why the impugned order (Annexure-A) under Memo No.452(3)/JM dated 10-4-1988 passed by the Respondent No.1 shall not be declared to have been passed without any lawful authority and is of no legal effect and why the respondent No.1 shall not be directed to rene..Category: Criminal Law | Date: | Hits: 132
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......is title and got an ex parte decree. Plaintiff has purchased the suit land from said Abdul Gafur in the year 1980 and got possession in the suit land and he is still holding ownership. The suit land, according to the plaintiff, was wrongly recorded in the name of Suphir Kumar Lahiri in SA Khatian an......udge, Pabna dismissing the appeal which was taken by the plaintiff. Trial Court also dismissed the suit by his judgment dated 8-3-1986.
2. Plaintiffs suit, in short, is that the suit land belonged to Suphir Kumar Lahiri. Abdul Gafur took settlement of the suit land from said Suphir Kumar Lahiri o......collusively which does not impart any title to the plaintiff. It is on record that the suit property was made enemy property by order dated 3-12-65 in EP case No.195. Subsequently it, by operation of law, became vested and non-resident property. Ext. (A) shows that Abdul Gafur vendor of the plaintif..
Category: Property Law | Date: | Hits: 130
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....4. While the case was thus proceeding petitioner Nos.1,2,3 and 4 filed two separate applications praying for summoning those transferees to come with their transfer deeds before the court for ends of justice giving in details the names and addresses of the persons to whom the applicant’s uncle Ram......xecutor Shyama Charan namely; 4th Executor who obtained the Letters of Administration in Probate Miscellaneous Case No.20 of 1959, already distributed the properties covered by will to the legal heir according to their proportionate share who are owning and possessing the same without any interferen.......……….Petitioner Vs. Sailendra Kishore Chowdhury and others…………………Opposite Parties Judgment November 24, 1998. Result: The Rule is discharged without any order as to costs. Case Referred to- TJ George Vs. Mrs. Lucy Kochuvareed, Cr AIR 1963 Kerala 188. La......Mr. Nikhilesh Dutta, the learned Deputy Attorney-General appearing in the case for the petitioners, since the Government is not involved, submits that the learned District Judge committed an error of law in passing the impugned order rejecting the applications without assigning any reason for the sa..Category: Property Law | Date: | Hits: 106
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....12. The present revision, of course, is not resisted or opposed by the defendants. 13. This court sitting under section 115 of the Code of Civil Procedure is to see whether there is any failure of justice and not only illegality. 14. It is very apparent on the face of the record that the whole......g to register the kabala in favour of the plaintiff in respect of the suit land. But the defendant No.3 in collusion with the defendant 1 and 2 did not come forward to execute and register the kabala according to the condition of the bainapatra and hence the suit has been filed. 2. The suit was c......ant opposite parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to have been executed by the defendant 3 in favour of the plaintiff undertaking to register the kaba......made an application in the court, as referred above treating the position as absence of the plaintiff, which is apparently illegal. So dismissal of the suit on that count is not tenable in the eye of law. He further submits that according to the provision of Order 16 rule 10(1)(3) of the Code, the t..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....premises, I am to make a decision whether the judgment d the appellate Court is correct and legal or whether it has invited any illegality resulting in an error in the decision occasioning failure of justice. 11. This litigation is in between the paternal grand-mother and her grandsons who use...... notes below. It was introduced by the Muslim lawyers of India as a device for effecting a gift of mushaa in property capable of division (b).” 9. Unless a Heba-bil-ewaj is made and completed according to section 168 of the Mohammedan Law it is not valid in law. Therefore, the main thing to ......………………..Petitioners Vs. Azimon Bewa………………….Opposite Party Judgment March 25, 1998. Result: The Rule is discharged. Cases Referred to- Mono Mohan Devi Vs. Sirajuddin Ahmed Bhuiyan, 21 DLR 626; AIR 1927 (All) 385; 2 Cal. 184 (......ncidents of a contract of sale. Accordingly, possession is not required to complete the transfer as it is in the case of a heba, and an undivided share (mushaa) in property capable of division may be lawfully transferred by it though this cannot be done in the case of a heba (y) Two conditions, howe..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447....... case of Manindra Nath Sen Serma Vs. Bangladesh, reported in 1984 BLD (AD) 285. In that case, their Lordships of the Appellate Division while considering the question of granting permanent injunction according to Mr. Siddique, have held that even if the plaintiff failed to prove his title, it cannot...... Karim……………………Petitioner Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs.......t. Appellate Court found that the plaintiff could not prove even prima facie title over the entire suit land. Appellate Court also opined that the plaintiffs possession in the entire suit land is not lawful. In fact the appellate Court found title and possession of the plaintiff in respect of said 0..Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......l which the petitioner did not submit and supply. And he insisted for his membership. It is stated that when he was enrolled in 1974 in the Dhaka Bar Association there was no rule of the said Bar and according to second Amendment of the Bar Council Act he is entitled to practice without becoming a m......on No. 1448 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information to the Bangladesh Bar Council when he got a Government job. While in service he made some comments r......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..Category: Others | Date: | Hits: 143
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ...... Momtaz Begum…………….......Opposite Party Judgment June 16, 1999. Result: The Rule is made absolute. Lawyers Involved: MA Wahab Miah, Advocate — For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment ......tablished between him and the plaintiff. The plaintiff was once married with one Abdul Salam by a registered kabinnama and after some time of the marriage she eloped with one Abul Quashem, brother-in-law of her husband Abdus Salam. The brother of the plaintiff was an employee of the defendant and he..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......; that the matter remained pending for more than three years and ultimately it was disposed of ex parte on 9.8‑90 by the learned Company Judge holding that the Company was liable to be wound up and accordingly appointed the Official Receiver of the Supreme Court of Bangladesh as the Official Liqui......s. Ashraf Jute Mills Ltd………………………………….Respondent (Company Appeal No.13 of 1991) Judgment July 8, 1992. Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to ......sdiction to sell the mortgaged properties outside the Court and Article 3 of the said Order provides that the provisions of the BSRS Order will have effect notwithstanding the provisions of any other law; that BSRS as a secured Creditor realised its securities without the intervention of the Court a..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....of Scientific and Industrial Research. But the respondents having faded to restore possession of the disputed land which was de‑requisitioned the petitioners served notice dated 14.3.1987 demanding justice in the matter to put the petitioners in possession of the disputed land. The respondents are......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ...... Reforms, Bangladesh Secretariat, Dhaka and others ………………………………Respondents. Judgment July 22, 1992. Result: The Rule is discharged without any order as to costs. Cases Referred to- Haramba Chandra Vs. Province of East Pakistan, 15 DLR 452;......w cause as to why acquisition notice dated 24.9. 1951 published in the Dhaka Gazette dated 4.10.51 (Annexure‑C to the writ petition) should not be declared to have been issued and published without lawful authority and to be of no legal effect and why they should not be directed to cancel the same..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......o pay a fine of Taka 2000'00 each in default, to suffer further rigorous imprisonment for 6 (six) months. He, however, found the co‑accused not guilty of the charges against them and acquitted them accordingly. 8. Mr. SMG Amiruillah Chowdhury, the learned Advocate for the appellants, has taken ...... Saiful Islam and Md. Shafiqul Islam……………….Appellants Vs. The State..………….….. Respondent Judgment May 7, 1992. Result: The appeal is allowed. Cases Referred to- Khelu Mia and others Vs. The State, 43 DLR 573; 37 DLR 156; 40 DLR 97; 43 DLR 537. Lawyer......his daughter. He also denied the suggestion that victim Abdul Aziz wanted to marry Chabi, daughter of the informant and for this he was killed by the informant himself. 17. P.W.6 is the son‑in‑law of the informant Abdul Hamid. He said in cross‑examination that his sister‑in‑law Chabi wa..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440........Applicant Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka……..…Respondent Judgment April 12, 1992. Result: The Court refrains from answering the question. Case Referred to- MM Ispahani Ltd. Calcutta Vs. Commissioner of Excess Profits Tax, West Bengal, 27 ITR 188. ......ody appears on behalf of the assessee applicant. In this situation we are to see whether the High Court Division can decline to answer the question. This leads us to examine the relevant provision of law. Where a reference is made relating to question of law arising out of the order of the Tribunal ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......uly 13, 1992. Result: The appeal is allowed. Lawyers Involved: Asaduzzaman with Syed Amirul Islam and S B Barua, Advocates‑For the Appellants M Shamsul Alam, Deputy Attorney General with Mr. Laikuzzaman, Advocate‑For the State. Criminal Appeal No.155 of 1988 ......forward at the time when the evidence was recorded does not prevent the court from accepting it, if the plea gets support from the prosecution evidence. 20. The basic assumptions underlying the law of private defence relevant in this case are that under section 97 of the Penal Code every perso..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......ion Act, 1940. 4. The learned Subordinate Judge after hearing the parties found that the suit was in substance for setting aside the award dated 5.8.79 and since the cause of action in the suit according to the plaintiff arose on 7.12.79 when the plaintiff came to know about the award for the .........Appellant Vs. Mir Nazmul Hossain Khan & others…………………Respondents Judgment May 12, 1992. Result: The appeal is dismissed. Cases Referred to- Afaq Ahmed Ansari Vs. Zamir Hossain Ansari, PLD 1955 Sind 282; Amin & Co. Vs. Province......e 11 (d) of the Code of Civil Procedure. 5. It is submitted by Mr. Dewan AMS Zaman, the learned Advocate Appearing on behalf the plaintiff-appellant, that the learned Subordinate Judge erred in law in holding that the suit was barred under Article 158 of the Limitation Act. The learned Advocat..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....r the possession to him without any further delay. The copies of the letters dated 9.11.87 have been enclosed as Annexure‑‘L’ and ‘L-1’. 8. The petitioner served a notice as demand of justice upon the respondents in vain. After receiving the demand of justice notice the respondents f......respondents representing the sovereign State could not infringe upon such right. He has submitted that the authority did not reserve any right to reject the proposed lease in favour of the petitioner according to term 12 of the tender notice. The petitioner had completed all the formalities and was ...... Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation &am......ugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of l..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....er of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention is that the transfer was not made during the period of economic distre......the property is agricultural land within the contemplation of the said Ordinance and that th6 transfer in question was made during the period of economic distress for reasons of such distress. He has accordingly allowed the appeal and set aside the order of the authorised officer with the observatio......…………Petitioner. Vs. Md. Abdul Baten…………………….Opposite Party. Judgment June 21, 1990. Result: The Rule is made absolute. Case Referred to- Sayeedur Rahman Vs. The Chief Election Commissioner, Dacca, 17 DLR (SC) 23. Lawyers ...... the learned Advocate appearing for the petitioner, has raised a number of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention i..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... Writ Petition No.1685 of 1988. Judgment Md. Mozammel Hoque J.- In this Rule Nisi issued under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents were asked to show cause as to under what authority the respondent No.1 claims to hold the office of Chairman o......the Gazette Notification made by respondent No.2 declaring the respondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in hi..Category: Election Law | Date: | Hits: 216
....thin 2 months and also of the fact that sufficient posts are still vacant to which incumbents senior to the O.Ps. may be promoted with retrospective effect, it would I think not be in the interest of justice and administration to set aside the order at the moment, even though on a fair consideration...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......er
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is discharged without any order as to costs.
Lawyers Involved:
Khondker Mahbubuddin Ahmed with Fida M. Kamal, Advocates - For the...... our Constitution contained in Part VI, Chapter III deals with Administrative Tribunals. Article 117 is as follows:-
"117. (1) Notwithstanding anything herein before contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters ..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......tion. Mr. Shah Abu Nayeem, learned Advocate of the Supreme Court of Bangladesh was appointed as the Chairman of those Annual General Meetings and the matter was disposed of by this Court on 19.2.86 accordingly. The Annual General Meetings for the years 1974 to 1984 were held as per above order pas......etitioner Vs. The Pioneer Printing Press Ltd. & Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companie......of Directors as stated in paragraph 7 of the petition refers to the Hon'ble High Court's decision in the case reported in 39 DLR 1987, 1. Referring to that decision Mr. Zakir Ahmed has submitted that law in this regard has been spelt out by the Division Bench of this Court in the case of Bangladesh ..Category: Business or Commercial Law | Date: | Hits: 352
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