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Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....Co-Ordination loss ... Tk. 2,294.61 iii) Quality loss at Mills ... Tk. 64,440.00 iv) Value of short receipt and quality ... Tk. 66,945.92. 3. In the aforesaid manner the defendant caused a total loss amounting to Tk. 1,56,569.38 only to the plaintiff Mills while working at the Tarail Jute......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......o. 147 of 1983 filed by the defendant against the dismissal order has been dismissed by this Court and the said cause of action still subsists under P.S. Shiddirgonj, District-Narayangonj, within the jurisdiction of this Court and as such this Court is competent to entertain and try this Suit." 1..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....e would be freely permissible then the provisions of Order 22 of the Code of Civil Procedure would be rendered nugatory. This, however, did not mean that when there has been an abatement the Court is totally powerless to order addition of parties in respect of the heirs of the deceased on whose acco......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....ther, it gave an impression that the said lands were absolutely held by M/s Drums Metal Ltd. On August 9, 1976 in a meeting the Ministry of Defence and the Ministry of Industry agreed that out of the total lands in occupation of M/s Drums Metal Ltd. 4.65 acres would be taken away and be given to the......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......‘existing relationship between the parties or not."
The aforesaid observation was made by the Supreme Court after reviewing a large number of decisions both Indian and English as well as American jurisdiction. In the said decision the Supreme Court again observed as follows:‑
'The courts in..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
.... the accused only were the perpetrators of the offence and as such evidence should be incompatible with the innocence of the accused." 35. The instant case is pre‑eminently a case where there is total absence of physical circumstances and link to connect the accused appellants with the crime an......aterials on record. Mr. Habibul Islam Bhuiyan, the learned Advocate for the appellants, submits that it is a case of no evidence inasmuch as there is no eye‑witness to the alleged occurrence and in absence of direct evidence the prosecution had to depend only on the circumstantial evidence. Accord......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....efrom by road/railway. The plaintiff submitted 10 bills for Tk. 15,44,254.00 out of which defendant Co. paid in Tk. 2,00,000.00 on 27.1.90, Tk. 1,00,000.00 on 22.2.90 and Tk. 1,00,000.00 on 19.3.90 a total payment of Tk. 4,00,000.00. 'Me carrying work was completed on 1.1.90. The defendant submitted......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......ting a lesser amount than claimed by the plaintiff in the suit, is not a qualified admission on any averment that the suit itself is not maintainable or the suit is premature or that the court has no jurisdiction to entertain the suit, though part of the claim is admitted. It is a clear admission an..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......d, Advocate—For the Defendant No.1. Admiralty Suit No.7 of 2003. Judgment AFM Abdur Rahman J.- By this application dated 22-11-2003 the defendant prays for return of the plaint for want of jurisdiction. 2. The plaintiff filed written objection on 9-12-2003 against the application for r..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....n recorded in the name of Darag Ali in khatian No. 13 and another 57 decimals had been recorded in the name of nine others and, as such, an area of 1.27 acres was recorded in SA khatian and, as such, total area of land does not match. It is also stated that record of Tahsil office shows that the sui......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896....... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......The offences punishable under the Act are the Schedule offences of the Special Powers Act, 1974 which are triable by the Special Tribunal, and other offences are triable by the Ordinary Courts having jurisdiction. It is well settled that Special Tribunals set up under the Special Powers Act are to t..Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
.... Law, 2006 stating, inter alia, that the respondent No.2 was appointed as an electrician in the Jai Jai Din Printers Limited on 26-11-2005 and joined the post on the same day having ID No.179 and his total monthly salary was Taka 6,875 among which basic pay was of Taka 5,135 only and that for grudge......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......desh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the res..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
.... than the land of plaintiff opposite party for saham and prayed for discharging the Rule with a direction to the trial Court to distribute saham in favour of both the parties particularly the rest of total land of 4.12 acre which was brought into hotchpotch for partition by appointing a survey knowi......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ..Category: Property Law | Date: | Hits: 72
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.... 4. The petitioner Elders Limited thereafter, filed Contempt Petition No.3 of 2.001, against this appellant for holding him guilty of contempt of Court alleging that the contemner-respondent showed total disregard to this Court and undermined the position and the authority of the High Court Divisi......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
.... sent a letter to the Manager of the Sonali Bank to know about the current value of the said FDRs, and the Manager of Sonali Bank working at that time informed by his letter dated 30.08.2004 that the total value of the FDRs was Tk.26, 000.00 only.
5. So the plaintiff Bank lodged an FIR with the ......e purpose of hearing of the case.
36. In such a situation the physical act of calling (ডাকিয়া) of the defendants would be a fruitless exercise. So non-recording of a finding about absence of the defendant with any expression such as “ডাকিয়া” in the impugned order ......he plaintiff bank, the Adalat is required to frame issues under section 13 in view of the pleadings and affidavits of both sides, even if they are absent, and therefore the exparte decree was without jurisdiction. But the Adalat neither framed issues nor considered the written statements of the defe..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
...., reported in 3 BLC (AD), Page 53 respectively. 62. In the instant case we found that there was absolutely no legal and trust worthy evidence against any of the non-confessing accused persons and total absence of such legal and trust worthy evidence against them, the confession of their co-accus......rted in 3 BLC (AD), Page 53 respectively. 62. In the instant case we found that there was absolutely no legal and trust worthy evidence against any of the non-confessing accused persons and total absence of such legal and trust worthy evidence against them, the confession of their co-accused per...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦ ……………………………………………………………………………………………………………………………………… "In the absence of any compelling or substantial reason the provision of section 103 of the Code of Criminal...... authority and furthermore, admittedly no formalities have been observed as provided under the law, so we hold that the raid and search conducted by BDR personnels were absolutely illegal and without jurisdiction. 31. From the evidence on record we find no incriminating articles were recovered fr..Category: Criminal Law | Date: | Hits: 75
SM Naimul Hoque Vs. Additional Deputy CommiÂssioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......ted 7.9.91 rejecting the application under Order 11 rule 21 of the Code for striking out the written statement filed by defendant Nos. 2 and 3. Mr. Sinha also submitted that the trial Court has ample jurisdiction in awarding costs to any party at his discretion who seeks adjournment and referred the..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......ition and stating, inter alia, that after the death of three trustees mentioned in the trust deed no heir of the settler late Shaki Lal Roy Chowdhury came forward to manage the trust property. In the absence of any heir of trustee the trust property was on the verge of ruin. Considering the circumst......by an functioning as such as per terms and conditions of the Trust Deed no other trustee could be appointed and therefore the order of appointment of the Thana Revenue Officer was illegal and without jurisdiction. The said objection was turned down by respondent opposite party No.2 by his order date..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......ons as under:
"Whether in the facts and circumstances of the case the Income Tax Appellate Tribunal was justified in holding that the assessee's ground on the claim of super tax rebate was without jurisdiction on the grounds that the assessee did not raise such claim before the Appellate Joint Co..
Category: Fiscal/Taxation Law | Date: | Hits: 139
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