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Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....r storage of the containers and thus the defendant-petitioner hereof having no privity of contract or relationship with the plaintiffs and there being no cause arose relating to transportation of any goods in suit containers or any dispute as to any payment to the ship, the suit as framed and filed ......ome within the purview of section 3(2)(Ja) of the Admiralty Court Act, 2000, and accordingly the suit has been filed in proper forum. 6. The Admiralty Court on consideration of the material on record and the submissions of the learned Advocates of the respective parties as well as relying on ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ...... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ...... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ..Category: Property Law | Date: | Hits: 64
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......োষ আছে কি না? ৪। বাদী প্রার্থীত প্রতিকার পাইতে হকদার কি না? 5. On consideration of the materials on record and the submissions of the learned Advocates of the respective parties the trial Court found ......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...Category: Procedural Law | Date: | Hits: 57
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......who inherited the same. Taking advantage of the plaintiff’s minority during the last settlement operation, Jabed Ali, son of Rahman Ali in collusion with the settlement staff got the suit lands recorded in his name. Defendant Nos.1-9 thereupon instituted Title Suit No.106 of 1986 in the Cour......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces that the Courts below ought not to have relied on the evidence of P.W.1 to the effect that he was unaware of the contents of the document. Unfortunately, this contention of Mr. Khan does not hold good, because we have already seen that the Courts below arrived at the finding that the plaintiff h......on of the document must be presumed to have executed the document after knowing its contents but the presumption is a rebuttable presumption. Mr. Khan tried to argue with reference to the evidence on record and certain surrounding circumstances that the Courts below ought not to have relied on the e......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......on of the District Anti‑Corruption Department on 8.8.79 about the conviction and sentence of the petitioner in the aforementioned case, the District Manager (Fertilizer) BADC Barisal terminated the service of the petitioner and this order of termination was communicated to the petitioner vide Memo..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
.... It appears that in the same decision it has been held that: “With regard to the procedural laws, the general principle is that alterations in procedure are retrospective unless there be some good reason against such a view.” 13. Again the decision in the case of State Vs. Maulvi Muhamm......provision of section 339C of the Code of Criminal Procedure, the trial which commenced on the date of framing of charge had automatically stopped on the expiry of 270 working days from receipt of the record by the Sessions Judge by virtue of section 339C sub‑section (4) of the Code of Criminal Pro......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......uly and August, 1984 to the shareholders of the company of accused Nos. 1 and 2 and publishing the same in the aforesaid prospectus. 3. The City Metropolitan Magistrate on receipt of the complaint recorded the statements of the complainant opposite party on solemn affirmation and thereafter direc......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....petitioner that without serving any notice on the petitioner the Enquiry Officer called the petitioner verbally and asked him a few questions and to sign on certain papers and he put his signature on good faith. He also claims that no witness from the prosecution or the defence was examined at the t......r in rank to the employee concerned to enquire into the case. The Copy of the charge sheet together with the explanation in writing and the report of the enquiry officer with his findings shall form record of the file and the proposed penalty shall be communicated to the employee concerned. The emp......, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The petitioner joined in service of Bangladesh Forest Industries Development Corporation (BFIDC) on 17.4.73 as a Junior Accou..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......of the Code of Criminal Procedure as the accused was not forwarded to the Court by the police and the same was passed in the absence of the accused and the same was also passed without perusal of the record, case diary and without ascertaining the actual condition under which the remand was asked fo......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......e trend of cross‑examination, is that of innocence and their further case is that deceased Rozina Khatun committed suicide by hanging. The learned Sessions Judge on consideration of the evidence on record found the appellant guilty of the charge levelled against him and he convicted and sentenced ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......88 as Title Appeal No.84 of 1986. Thereafter, it was detected that principal defendant Nos. 8 and 3 Jahura Khatun and Jiban Nessa respectively had died. The sole heir of defendant No.2 was already on record as defendant No.1 and the sole heir of Defendant No.5 was substituted as defendant No. 2(ka).......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... Macnaghten argued on the point of presumption of marriage that if the conduct of the parties were shown to be compatible with the existence of the relation of husband and wife, the conduct is a very good test, and a safer guide than the recollection or imagination of interested or biased witnesses....... with the nature of the witnesses examined by him led to the inference that there was legal marriage between the appellant and the respondent. The Court of appeal below also evaluated the evidence on record afresh and arrived at the conclusion that the respondent failed to prove by adducing reliable......between man and woman who are referred to as ‘parties to the marriage and, who after being married, become husband and wife. Though generally solemnized with recitations from Koran, yet no positive service peculiar to the occasion is prescribed by law; writing not required; validity and operation ..Category: Family Law | Date: | Hits: 318
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
.....7.85. Complainant also paid the sum of Tk. 99,050.00 to the accused on that date on account of his past dues for which the accused granted a receipt Ext. 2. The accused having not delivered the said goods within the agreed period of 3 days, complainant on inquiry came to learn on 12.8.85 that the a......date of payment of the said past dues i.e. on 24.7.85 appellant paid the sum of Tk. 2,04,050.00 to the accused being the last instalment for importing the motor pumps. Therefore, there was nothing on record to show that the accused had initial intention to deceive the appellant at the time of receiv......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......ctions 302/201/34 of the Penal Code. 3. The police took up investigation of the case, visited the place of occurrence, prepared sketch‑map with separate index thereof, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and finally, submitted...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...Category: Criminal Law | Date: | Hits: 51
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... 26. PW 16 Officer in Charge Amzad Hossain testified that he found the dead body of Razzak Fakir at the bank of the pond near the house of the informant. On the oral statement of the informant, he recorded the first information report. He investigated the case. He held inquest over the dead body ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tire premium of the house, the costs of the house and all dues to the Government and obtained clearance certificate to this effect from the Government. She also got her name mutated in the Government record in place of SA Aziz. While Mrs. Khairunnessa was in possession of the disputed house she sold......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....admitting plaintiff's claim. But the defendant Nos. 3‑7 contested the suit by filing a joint written statement denying execution of the alleged will. Their case is that the plaintiff was not in the good books of late Parash Chandra Biswas as the plaintiff was a pleader's clerk and used to defraud ......ctory. 6. Mr. Md. Abdur Rahim, learned Advocate appearing for the appellant, placed before us the plaint, written statement, deposition of the witnesses, impugned judgment and other materials on record. He submitted that in view of admission of contesting defendants in paragraph No.4 of the wri......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......2.2.1993, he adds. In reply Mr. Asrarul Hossain contends that the impugned order dated 24.2.1993 is an appealable order and as such the revision against the order is incompetent. From the lower Court record he draws attention to the fact that the stay order passed by this Court on 22.2.1993 was brou...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
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