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Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....umstances it is illegal to reject them as not admissible or conclusive evidence, being mere opinion of so-called experts not expose( to cross-examination. Mr. Ajmalul Hossain submits, on the other hand, that the Admiralty Court was entitled to reject the opinion expressed in the telexes, because...... 18,25,000.00 (vide paragraph 14 of the plaint). (c) The claim is in the third alternative for unrepaired damage, counted by two alternative methods viz, (i) value of vessel less depreciation plus overhead costs incurred (vide paragraph 15 of the plaint). The amount calculated this way will be a...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
.... the already deposited amount. She agreed to return the money after withdrawal and executed a receipt on 12-4-1982 accepting that the amount taken would be treated as advance rent if she failed to hand over the amount to the defendant after a withdrawal from the House Rent Control Office. Jahana...... already deposited amount. She agreed to return the money after withdrawal and executed a receipt on 12-4-1982 accepting that the amount taken would be treated as advance rent if she failed to hand over the amount to the defendant after a withdrawal from the House Rent Control Office. Jahanara Be......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....6th, 1996 Lawyers Involved: TH Khan, Senior Advocate, (Lutfur Rahman Mondal, Advocate with him), instructed by Md, Aftab Hossain, Advocate-on-Record — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record&mda...... and that after serving notice upon the defendant under section 106 of the Transfer of Property Act, on 16.6.84 terminated the tenancy and claimed eviction of the defendant along with the recovery of arrear rents of Taka 4,860.00. 3. The defendant by filing a written statement deni......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... others…………………………………Respondents Judgment January 18th, 1996 Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mahabubey Alam, Advocate with him) instructed by Md.......amendment of the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession thereof evicting the respondents therefrom on the allegations, inter alia ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
.... is dismissed. Case Referred to- Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39; Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92; Mohin Chandra Dey Vs. Ram Dayal Datta, 30 CWN 371. Lawyers Involved: Khandker Mahbubuddin Ahmed, Se......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....pex (Pvt.) Ltd. and ors………………… Respondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (19......or an equivalent cash amount when the company would receive full amount of its claim from the Power Development Board. Accordingly, an undated cheque for Taka in deceased 5,00,000 was handed over to appellant No. 1. The appellants however went on pressing for kept in the immediate payment ...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... prepared. At that time he was posted at Islamabad as a Counselor below the rank of Deputy Secretary. Respondent No. 1 submitted representation which was rejected by order dated 12-7-86. On the other hand, the present appellant Raziul Hasan and Mr. SA Jalal (Respondent No. 7) were placed in the grad...... Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a perso......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....espondents Judgment July 13th , 1995 Cases Referred To: AIR 1916 (Patna) 284; Ouseph Poulo vs. Catholic Union Bank Ltd., AIR 1965 (SC) 166; Ramchandra Laxman and others vs. Bank of Kolhapur. AIR 1952 (Born) 315; Loganathan (minor) and another ......ing bodily injuries to her person. In pursuance of the agreement, the plaintiff executed the two kabalas in favour of defendant No.1 and paid Taka 5,000.00 in cash to her. The plaintiff also handed over possession of the suit land to defendant No.1 who is in possession of the same since then. Hen......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....er, section 25 of the Act is a bar for maintaining a suit under section 9 of the Code of Civil Procedure. 5. Mr. Shamsul Haque Siddique, learned Advocate for the plaintiff-respondent, on the other hand, supports the impugned judgment and order contending, inter alia, that the High Court Division ......ty guard giving him all the termination benefits he was entitled to thereunder. Thus the civil suit against such order of termination simpliciter was not maintainable for want of cause of action. Moreover, section 25 of the Act is a bar for maintaining a suit under section 9 of the Code of Civil Pro......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......section 203 Cr. P. C. was maintainable. The complainant-respondent may take steps at first for departmental action against the appellant and thereafter may file the criminal case subject to Government sanction for prosecution against the appellant. In its present form the complainant-resp......was mentioned as one of such cases where no actions are being taken although there are allegations of corruption against them. This Memo. appears to be an expression of outburst against the entire management for being selective in the matter of taking steps against delinquent employees. Forwardi..Category: Criminal Law | Date: | Hits: 60
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....l Wadud Bhuiyan entering Caveat for the State, argued, and we find considerable merit in his submission, that the learned Third Single Judge has referred to certain materials on record containing the handwriting of the petitioner recommending the said Company’s request to allot the plot on twelve ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....vocate Mahmudul Islam, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Appellant (In Civil Appeal No.73 of 1992). T H Khan, Senior Advocate instructed by NH Khandker, Advocate-on-Record-For the Respondent No.1 (In Civil Appeal No.73 of 1992). Rokanuddin M......pplication. HBTL filed an affidavit-in-opposition and claimed all investments made in installing the cellular radio telephone system to be its own. After the fall of Ershad regime Mr. Sahjad Ali, the overwhelming majority shareholder of BTL, had been missing and BTL did not take any steps for implem......istence which would operate the proposed system. “The question of one or the other participant being not able to perform its obligations without the others would not arise in the circumstances. The management and operation of the system will be in accordance with the joint venture agreement as ref..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......n their Title Suit No. 3 of 1959 on the allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint of ...... the receiver of the property till disposal of the civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the receiver for a long period of time. 5. Mr. Shafique Ahmed, learned Advoca..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....eping in view the definition of abandoned property in President’s Order No. 16 of 1972. 14. Mr. TH Khan, learned Counsel for the auction-purchaser respondent No.1 submits on the other hand that the two Courts below in a concurrent assessment of the evidence on record found as a fact......hellip;………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government of the People’s Republic of Bangladesh vs. M/......Court Division namely, M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, an artificial person namely a private limited company itself challenged a Gazette Notification taking over the management of its properties and assets under Articles 4 and 5 of President’s Order No. 16 of..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....hat time the DIB officers who were in ambush near about the place witnessed the payment made to the accused Abdul Gani by Omar Ali and the Constable Abdus Subhan, caught him with the amount in his hand and the other two Officers, MA Rashed and Mujibar Rahman also rushed to the spot and charged t...... and the other two Officers, MA Rashed and Mujibar Rahman also rushed to the spot and charged the accused Abdul Gani of accepting the money as bribe. The said Officers disclosed their identity, recovered the GC notes from the accused Abdul Gani in the presence of witnesses and compared the same ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....rdingly PW 1 Sk, Elahi Baksh and PW 7 Gul Mohammad went inside the hut with accused Lutfor Fakir who confessed before them there that he had murdered Dulal Fakir. He then covered his face with his hand. On being further questioned the accused said that he had brought Dao and rope from his father......e to a separate room. Accordingly PW 1 Sk, Elahi Baksh and PW 7 Gul Mohammad went inside the hut with accused Lutfor Fakir who confessed before them there that he had murdered Dulal Fakir. He then covered his face with his hand. On being further questioned the accused said that he had brought Da...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....d Magistrate insofar as it related to the petitioner, as the order was not an order of discharge but an order of acquittal. Mr. ATM Afzal, appearing on behalf of opposite party No. 2, on the other hand, contended that if the Sessions Judge found that the offence was triable exclusively by the Co......spect of the offence for which the accused is to be committed to the Court of Sessions that the proceedings are taken out of Chapter XXI and the other proceedings of the Magistrate must remain governed by the provision of that Chapter." 7. It is, therefore, evident from what h...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ed by the learned Munsif, 2nd Court Jhenidah in Miscellaneous Case No. 159 of 1965. 2. This application has been preferred by the three petitioners (1) Bijan Bala Chowdurani, (ii) Kumaresh Chandra Biswas and (iii) Tarapada Kabiraj. The petitioner No. 1 filed the above mentioned Miscellane......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....rial Court had drawn adverse presumption against the appellant by stating that he made over charge on 16.8.64 but disposed of the amounts between that date and 21.8.64. The defence case, on the other hand, was that the appellant continued to remain in charge of the accounts entrusted to him upto 23.......default, to suffer rigorous imprisonment for one and a half month more. 2. The prosecution case is that while the appellant was serving as the Sub-divisional Officer of Sadar Jessore he had domain over a sum of Rs. 5, 976, 20 paisa which represented the fund of the Works Programme. The amount was......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....e Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446; Swami Turiananda alias Denesh Chandra Guha Mustafi & another vs. Siris Kumar Sen, 5 DLR 175; Gargi Din Vs. Debi Charan 51 All ......; Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan,......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
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