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Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

.... the loan. The cartons containing the said imported goods were kept in the godown owned by another accused Mohammad Islam. There was a tripartite agreement among the Bank, the importer and the godown owner with the conditions amongst other that the imported goods would be under the ownership of the ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents  Judgement August 22, 2001. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....nd the High Court Division has allowed the appeal on the findings: “Defendant No. 1 failed to prove his allegation that the suit land was gifted to him by the plaintiff who, therefore, remained owner of the suit land in spite of the rent decrees which are admittedly collusive. With regard to t......nbsp;                              Dudu Mia and others.........................................................Appellants   ......r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....vice when required in public interest.- (1) Notwithstanding anything contained in these Rules, the Authority, in the following cases may waive the requirement of any or all the Rules and direct owner to ply his vessels on any route as per time and fare tables approved temporarily in his favo......il) Present: Mahmudul Amin Chowdhury CJ        Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Ap......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

.... therefore, the courts below clearly committed error of law decreeing the suit. The learned Deputy Attorney- General further submits that having regard to the admitted fact that the Government is the owner of the suit property and the plaintiffs have no vested right whatsoever, the plaintiffs are no......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....3-91 and Taka 2,00,000.00 on 29-11-92. However, the defendant opposite parties, who are miscreants and are in the habit of trespass into the properties of others for collecting money illegal from the owners, along with 4 other unknown persons, made an attempt to enter the suit land on 19-4-98 but fa...... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....6, a man was killed by Mojibur Rahman, who took the gun from the hand of Matiur Rahman and fired at the victim in course of an altercation over cutting of trees in a jungle away from the house of the owner of the gun. The accused were convicted and sentenced under sections 302/109 of the Penal Code....... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

.... given in the present case which I propose to do. 50. In this case, the plaintiff examined two witnesses and the defendant examined one witness. PW 1 Md. Amanullah is plaintiff No. 2 who is the owner of plaintiff No. 1. In his testimony, he stated that as he was a tenant under the defendant, i....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........Respondents Judgment November 6, 1997. Result:......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ns 7(2) (C) on the allegation, inter alia, that the accused-petitioner occupied forcibly the properties of Puthia Raj Estate. These properties were subject of an illegal and invalid exchange with the owner and the documents of exchange are forged. The petitioner was arrested by the police and was se......ed by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthia P.S case No. 7(2)C in G.D. Entry No. 601 dated 20.6.76. 2. The short facts necessary......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....fter placing the petition and other materials on record submitted that petitioners being in possession of the house on the basis of purchase by petitioner No.1 Mrs. Nurunnahar Begum from the original owner Mr. Shawkat Sadullah and her name having been mutated and she having orally gifted the propert......is case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....e No. 277 of 1987 was registered before the Court of Settlement, Dhaka. 3. The respondent i.e. Government of Bangladesh, entered appearance and contested the case contending, inter alia, that, the owner of the property in question having not been in the management or occupation and/or that as he...... Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Akhtar Hossain……………………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents Judgment March 13, 1997. Lawyers Involved: Salimulla......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148...

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....sputed the same till her termination from the service; and that said designs having been produced by the petitioner under a contract of service and during the course of her service respondent No.1 as owner of the same is entitled to registration of copyright. 4. Petitioner claimed registration ......Suraiya Rahman………………….………Petitioner Vs. Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respondent......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....hulna which is still pending. The defendants are possessing some portion of the suit land by themselves and other portion was let out to tenants and thereby they possessed the entire suit property as owners and as such, the suit is liable to be dismissed. 4. The learned Assistant Judge upon heari......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....plaint and subsequently on transfer of the suit to the court of Senior Assistant Judge, Barisal, it was renumbered as Title Suit No 395 of 1984. The case of the plaintiff is that the plaintiff is the owner of 0.09 decimal of land of RS plot No. 2048 by pattan taken in 1359 BS from the previous owner......also Reported in: 46 DLR (HCD) (1994) 419     ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

.... to have exclusive possession by cultivation. In AIR 1964 Cal 439, an eviction suit was filed against the tenant on the allegation that the plaintiff had purchased the suit premises from its previous owner Sarjubala. In the original written statement it was contended by the defendant that there was ......on (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Res......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Trans Oceanic Steamship Co. Ltd. and another Vs. Adamjee Insurance Co. Ltd. and another, 1993, 22 CLC (HCD)

....was further contended that defendant No.2 was not liable by virtue of section 64(d) of the Sea Customs Act. In Money Suit 179 of 1966 it was further contended that the shippers were not the owners of the goods and as such by virtue of subrogation from the shippers plaintiff acquired no rig......(1994) 23 ......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ..

Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

....er 1/3rd share on the view that the contract on behalf of the minor defendant No.2 by her mother defendant No.3 was void. 15. In the instant case there is no dispute that Ahmed Hossain, original owner of the suit property, died leaving defendant No.1 as his widow and defendant Nos.2 and 3 as hi......uddin Sarker J                        Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. N...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

....4 accorded approval on 24.6.1986 confirming the acquisition proposal as provided under section 5(1) of the Ordinance. Thereafter notices under section 6 of the Ordinance were served upon the recorded owners on 15.7.1986 and published at the convenient place calling upon to submit interest in the pro......riginal Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haji Abdur Rahim.....................................Petitioner Vs. Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents Judgment September ...... authority and 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: 46 DLR (HCD) (1994) 378   ..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)

....ed July 17, 1993 furnished on behalf of the defendant 3 for 4,34,112.00 issued by Bank Indosuez, Dhaka. The petitioner states that he was employed as Master of the Vessel MV Stern by defendant 2, the owner of the Vessel, at a consolidated salary of US Dollar 2,400.00 per month and he duly joined on ......eme Court High Court Division (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J Captain I Z A S A Chowdhury..................Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: ......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172   ..

Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3

Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

....rtisement in the Bangladesh Times on 18.5.89 inviting tender for selling by auction two of its used/old cars numbering Dhaka Cha‑4095 and Chittagong Kha‑3130. In response to the advertisement the owner of M/s Kazi and Kazi Motors, 77, Bijoynagar Dhaka, offered a tender for buying the aforesaid t......: Habibur Rahman Khan J  Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is mad......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373     ..

Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2

South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)

....or rejection of the plaint for want of cause of action. The application is resisted by the plaintiff. 2. The short facts necessary for disposal of this application are: The plaintiff is the owner of the lighterage vessel "MV Queen of Heart" and carries on business of shipping in ...... Jurisdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes………………………Defendants Ju......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226     ..

Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4