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Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......t is necessary to appoint Counsel at Government expense for the prisoner nominates a Counsel merely to stand and watch the trial without giving him an opportunity to study the necessary documents and think over the case, makes a farce of the rule which entitles a prisoner charged w..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......alab-i-mowasibat. On February 7, 1946 the receipt was made over by them to the respondent purchaser who thereupon paid the balance of the price as stipulated in the deed. On February 9, 1946, the documents were copied in the Registrar's book and thereupon the registration became complete as pro..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....otwithstanding any thing contained in any other law for the time being in force every order or decision of the High Court shall be final and binding for all purposes as between the banking company on the one hand, and all persons who are parties thereto and all persons claim&s...... liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand nine hundred eig..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......; means and includes— (1) all statements which the court permits or requires to be made before it by witnesses, the relation to matters of fact under inquiry; (2) all documents produced for the inspection of the Court; such documents are called documentary evi..Category: Criminal Law | Date: | Hits: 77
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......or the hearing. Ext. D shows that notices were issued and service notices were duly filed. "There is no objection. Both parties present and produced rent receipt of the ex-Zaminders and relevant documents showing previous separation but amalgamated by the present settlement operation"..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....epted by the defendant 3 who made advance payment of Tk. 7, 52,500/- for the boulders. In the form of performance bond, the plaintiff furnished a letter of guarantee dated 4.5.74, through its banker, the Chartered Bank, defendant 2 in favour of Crete Construction Company Banker, Uttara Bank......h another bank in the seller's country known as the correspondent or negotiating bank, to accept drafts drawn upon it for the price of the goods, against tender by the seller of the shipping documents. The contractual relationship between the issuing bank and the buyer is defined by the t..Category: Banking Law | Date: | Hits: 130
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....constituted or established by or under any law and includes any other body or organisation set up by the Government; (b) "Nationalised enterprise" includes any commercial or industrial enterprise bank, firm, tea estate or any other enterprise owned by or vested in the Government or any corpora......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....efereed to as the Bangladesh Corporation; Explanation.—"Undertaking" includes all project, assets, rights, powers, authorities and privileges, and all properly, movable and Immovable, cash and bank-balances, funds, investments, leases, leaseholds, licences, works and all other rights and int......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....n purchasing the, house in his wife’s name on March 13, 1975 is Tk. 20,000/00 and the price of the other house purchased in the names of his wife and father is Tk.30, 000/00. Besides this, he had a bank balance of Tk. 8,719/00. He had also a TV set, a Three-in-One set and a Honda Motor Cycle. The ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......taries Ordinance, 1961 that if there is reciprocal arrangement then by reference to section 14 of the Ordinance, 1961 and section 33 of the Registration Act, those notarial acts will be valid and the documents admissible in Bangladesh. 14. If there is no reciprocal arrangement question is whether..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......t down houses. Then about 11/2 months later defendant No. 1 went to their village and advised them to leave for India as there were chances of fresh riots. He asked them to hand over their property documents, which would be kept in the office of the Indian Deputy High Commissioner at Dacca. They..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......, the brother of the appellant, alleging, inter alia, that her brother used to look after and manage the property of her mother and having taken advantage of his position as such obtained the said documents on misrepresentation. The suit was decreed by the trial Court on taking the view that Meh..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....ip or aircraft in respect of which the same shall be transferred, paid, or placed. If there is no such officer as above, the payments shall be made to the Registrar who shall open an account in a bank to be approved by the Judge in respect of the particular ship or aircraft In respect of which......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
.... to a one-member tribunal. K. Hossain J. as he then was, observed as follows: "The expression requiring interpretation is any sitting. According to the learned Advocate for the bank any sitting may mean one sitting of more than one Sitting, but it cannot mean all the sitting......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....ting expenses and then it assessed the damages on various counts and decreed the suit for Tk. 34,33,135/-. Earlier, the ship was arrested by the order of the Court and it was released on furnishing a bank guarantee for Tk. 30,00,000/-. Accordingly, the High Court Division directed that the decretal ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....tion with regard to his claim of payment of the consideration for the Park Street property, it was put to the plaintiff that payment was made out of the money he received from his wife and that his bank account was utilised for making the payment. With reference to the statement of the plaintiff'......rivy Council laid stresses on the factum of possession of the property and the collection of rents. Incidentally it may be mentioned that in a disputed case of benami, custody of the documents is a relevant factor to be considered. 12. In the instant case the plaintiff marr..Category: Property Law | Date: | Hits: 448
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