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Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....o costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......Orews of MV Ferdous Khan. On 25.6.85 the Second Master of the vessel MV Modhumati lodged an information in Golachipa PS being GD entry No.566 dated 25.6.85 about the accident. The plaintiff took some time to collect particulars of the defendant and on getting full particulars the plaintiff wrote a l...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....hmed J Malik Mohammad Amin Anowar…..........Petitioner Vs. Shahjahan Mia and others…..........Opposite Party‑Petitioners Judgment May 29, 1990. Judgment AK Badrul Huq, Advocate ‑ For the Opposite Party No.1 Plaintiff‑Petitioner. Not represented‑ the Petitioner‑O......to dispossess the plaintiff from the suit property and also interfere with his management of the oil and rice mill in the suit. The plaintiff approached his lawyer at Barisal and learnt for the first time that the Revision Case record had been sent back to the permanent seat of High Court Division a......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....€‘appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......hat Sabdul before leaving his home at 8‑00 PM in the night following 21.4.85, after taking meal, told his wife that he would return home late in the night. It is P.W.2 Kawsar Ali, who for the first time developed a new case by stating that P.W.7 Papia Khatun, wife of deceased Sabdul told him that ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- International Airport Authority's case AIR 1979 (SC) 1628, Harminder Singh Arora Vs. Union of India, 1986 ......etter dated 4.2.87 signed by the petitioner himself showing supply and installation of water chiller of 400 TR each. It has further asserted that from the documents submitted by the petitioner at the time of pre‑qualification it is apparent that the petitioner has in the past supplied more than 20......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
...., to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......rÂture the citizens. He then said, even if, fortuÂnately, the tortured one is enlarged on bail, the gaol is being locked by the Chamber (Judge). This process, according to him, was started from the time of Moyeen's Chamber Judges which process has continued till now. The judgments of the High Cour......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......he genuine bail orders granted in respect of other convicts of similar nature. He further commented that leaving aside the code of ethics, they (Judges) are now engaged in resorting to the use of the arms of the law of contempt to cover up their misdeeds. 3. He has expressed doubt about religious..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......of the Mills to him by imposing an additional condition demanding payment of 10% down payment of the long term loan beyond the terms of the tender. 2. The writ respondent No. 2 claimed that at the time of purchase of the tender schedule, the writ petitioner was supplied with a valuaÂtion report ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....he submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......amily made the loan to said Bimala Banik and others from the fund of joint proÂperty. Thereafter, Kailash Chandra died leaving behind his only son Nabaddip Chandra Banik and his brothers. In the meantime, the aforesaid loanee Bimala Banik failed to pay the loan along with interest for which Nabin C......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....espondents. Judgment June 3, 1990. Cases Referred to- Jobed Ali Sarker Vs. Dr. Sultan Ahmed, 26 DLR 303; United Manters and Traders Ltd. Vs. Md. Mosharaf Hossain Khan, 34 DLR 345; M/s. Anath Bandhu Guha & Sons Ltd. 7 PLR (Dac) 159. Lawyers Involved: Fida M Kamal, Advocate ‑......ctory to them of its loss or destruction." 17. In the facts of the present case the above observations of their Lordships fit in here. 18. From the provisions of law it appears that there is no time limit or any other consequential obligation if stamp is not affixed with the instrument of tran......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....y of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judgment March 22, 1990. Lawyers Involved: Shamsul Huq, Chowdhury with Ali Akbar, AdÂvocates ‑For the Petitioner. Khandker Mahbubuddin Ahmed with MA Rouf, Mirza Hussain Haider, SM Mon......the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled and the Deputy Commissioner, Bhola, was directed to take steps for recog......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....r. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......before a Single Bench of this Court in the case of Mustafa alias Mustafizur Rahman Vs. The State reported in 1985 BLD 335. In that case Md. Altaf Hossain, J was of the view that an appellant filing a time barred appeal under section 30 of Special Powers Act can invoke the provision of section 5 of t......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209...Category: Procedural Law | Date: | Hits: 76
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....y J Boynuddin and others……………………..Petitioners Vs. Azimuddin and others…………………….Opposite‑Parties. Judgment August 24, 1989. Lawyers Involved: Marfat Ali, Advocate ‑ For the Petitioners, Akram Hossain Amin, Advocate ‑ For the Opposite Parti......e. The same was marked as Misc. Case No. 447 of 1969. The said case came up for hearing on 29.12.1972 when the petitioners filed haziras and the said opposite parties filed an application praying for time for taking steps. Upon the said prayer the learned Munsif allowed time subject to payment of co...... that one Hakimuddin Pramanik, as plaintiff, instituted a suit in the Court of the learned Munsif, Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that the kabala dat......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....de and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......t by filing a written statement denying the material allegations made in the plaint and stating, inter alia, that the defendant No.1 on promotion joined at the Ajmiriganj branch on 18.6.66 and at the time of his joining he pressed the then Manager Abdul Awal Mia and the then Cashier‑in‑charge Ba......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....ssain and another......................Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal, Advocate ‑ For the Opposite Party. Civ......fs sought for in this rule are misconceived being contradictory to each other inasmuch as the petitioners cannot seek relief under Order 16, rule 10 (3) of the Code of Civil Procedure and at the same time under Order 16 rule 1 of the Code of Civil Procedure. As regards the impugned order dated 12.10......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bhuiyan, Advocate ‑ For the Petitioner. Ziaur Rahman Khan, Advocate ‑ For the Respondents. Writ Petition......8.5.1989 stating that the said tin shed was not constructed in an area contrary to the Master Plan or development plan and the petitioner is prepared to get sanction for his tin shed on payment of 10 times of the prescribed fee and reasonable fine and prayed for withdrawing the notice of demolition....... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187....... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....l Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkrishna Raghunath Sawant Vs. Jagannath Sitaram Akarte, (1976) 78, Bom LR 234; Mr. Bannerjee Vs. Emperor, AIR 1927 ......65a/1985 under sections 499/500 of the Penal Code pending in the Court of the learned Chief Metropolitan Magistrate, Dhaka so far as it relates to the accused petitioner should not be quashed. At the time of issuance of the rule, all further proceeding of the aforesaid case was stayed pending hearin......incerely, honestly and with due care and caution. 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) 129. ......incerely, honestly and with due care and caution. 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) 129. ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....€¦â€¦Opposite Parties Judgment May 7, 1992. Cases Referred To- Abdur Rahman @ Abdul Rahman Vs. Mokles Ali, 31 DLR (AD) 118; Nayeb Ali and others Vs. Akhtar Rahman and others, 29 DLR 153; Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah and others, 1981 BLD (AD) 280; Akhtarunnessa and other......urt, Moulvibazar believed the evidence of the pre‑emptor, Promode Ranjan Das, that he is a non‑notified contiguous land holder who came to know about the transfer in Sravan 1380 BS and not at the time when it was transferred, that the case is not barred by limitation and that he is entitled in l......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
.... Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Invo......led. It appears from the record that written statement has already been filed and the defendant examined himself as D.W. 1 with the leave of the Court in the year 1984 as he was going abroad for some time and was cross‑examined and the case of the defendants was totally open for the plaintiff. The......e plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally bel......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....gar…………………Opposite Parties Judgment May 20, 1991. Case Referred To- Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180. Lawyers Involved: M Faruque, Advocate ‑ For the Petitioner. Matiur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Rev......) Rules, 1983, stated the legal position thus: "Upon a plain reading of these rules it is found that from the date of withdrawal of nomination papers to the date of election at least fifteen days' time must be give under rule 9. Similarly at least fifteen day's time shall be given from the date o......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......ntre taking away 1631 voters to the new centre out of 2746 voters of the said centre. He also alleged that on the date of election the muscle‑men of opposite Party No.1 being armed with various firearms occupied all the centres and took away ballot papers from the officers conducting the election ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
..... Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......es present seized marked 32 bore Pakistan made revolver No. B B 1448 with a live bullet and empty shells of 3 fired bullets and obtained signature of the witnesses in the seizure list Ext. 2. At that time victim P.W.2 Saiful Islam informed him that as soon as he had reached to the southern side of D......n witnesses, other materials on record and the impugned judgment. The learned Advocate for the appellant submitted that the appellant has been falsely implicated in this case. There is no evidence of recovery of arms and ammunition from the Possession of the appellant, Evidence of the P.Ws. are not ...... other materials on record and the impugned judgment. The learned Advocate for the appellant submitted that the appellant has been falsely implicated in this case. There is no evidence of recovery of arms and ammunition from the Possession of the appellant, Evidence of the P.Ws. are not convincing a..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....sation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... section 161 reads: "Notwithstanding that a reference has been made under section 160 to the High Court Division, Tax shall be payable in accordance with the assessment made in the case unless the recovery thereof has been stayed by the High Court Division." (Emphasis added). Mr. Huq further c...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
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