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Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......ne to the goods or any part thereof or it must disclose any breach of contract on the part of the owner, master or crew of the ship. From the averments made in this plaint, he submits that plaintiffs case rests on the refusal to pass delivery order for the cargo by the defendant 5 and as the plainti..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ng change in the name of Salimullah Muslim Hall by removing the word 'Muslim' therefrom offends the principle of reasonableness and is also a fraud on the statute. The learned Counsel refers to the case reported in AIR 1998 SC 602 and 2 AER (CA) 68 in this regard. It is also contended by Mr. Razza..Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......'I') shall not be declared to have been made without lawful authority and is of no legal effect and or such order or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner is that three individuals being sons of late Hari Prashanna Ghosh filed a sui..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......f 2002 decreeing the suit. 2. The respondent No.1 Agrani Bank as plaintiff instituted Bankruptcy Case No.13 of 2002 in the Court of Bankruptcy Court and Additional District Judge, Dhaka. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted ..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......5‑2‑2004 on the ground that by Gazette Notification dated 27‑1‑2004 goods in question were declared prohibited item for the commercial importer. Mr. Mahmudul Islam submits that in the instant case letter of credit was opened on 17‑11-2003, the goods were inspected by the PSI Agency on ..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......ts that the amendment of the written statement could not be allowed for the purpose of determining the real question of controversy between the parties by introducing a completely new and alternative case from the one put in the original written statement. In support of his submission Mr. Deb has re..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......d his legal heirs were substituted as defendant Nos. 1(ka) to 1(chha) who contested the suit adopting the written statement filed by their predecessor. 5. At the trial in order to prove the plaint case, the appellant alone deposed as P.W.1. No document was admitted into evidence on her side. On t..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....me of adjudication of dispute and determination of rights and liabilities of the parties to the suit even without entering into the evidence is not only miscarriage of justice but strikes at the very root of justice by shaking public confidence. 15. After all those ordeals, I am not inclined to ......tle Appeal No.77 of 2000 affirming the judgment and decree dated 28‑2‑2000 passed by the Senior Assistant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......th the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land 1.10 acres in area belonged to opposite party Nos. 2 and 4 and another Tala Bux Bi..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......hifted to that vehicle for its transportation to the morgue. 3. The police submitted final report in the UD Case and on an first information report lodged by the mother of the deceased the instant case being Gulshan PS Case No.18 dated 10‑ 1‑2004 has been instituted under sections 302/201 of ..Category: Criminal Law | Date: | Hits: 96
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......llenged, have committed error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint.
In support of his contention Mr. Nurul Amin has referred the case of Chairman Dhaka and Board of Intermediate and Secondary Education Dhaka and others Vs. Motijh..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......Suit No.7 of 2008, now pending before the Artha Rin Adalat, 1st Court, Chittagong. It was contended that the presiding Judge was not authorised to pass the orders impugned. 5. The facts of the case in brief arc as follows: 6. The writ petitioner company proposed to develop the land of Plot..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......the Court of Subordinate Judge, Satkhira for specific performance of contract in respect of 3.49 acres of land of Plot No.9879 of S.A. Khatian Nos. 2257 and 2292 out of 8.66 acres of land. Plaintiffs case in short is that the respondent No.1 (defendant) entered to a contract for sale of the suit lan..Category: Civil Law | Date: | Hits: 55
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......he Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of possession of the suit land described in the schedule to the plaint.
3. The case of the plaintiff, in short, was that he along with Khirode Chandra Dey who were cousins, were t..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......rence No.85 of 2004 with Jail Appeal No.578 of 2004 accepting the Reference in part so far as it relates to condemned-prisoner Dipak Datta Bhola and dismissing the jail appeal. 2. The Facts of the case, in brief, are that on 19.4.2003 at about 5.30 p.m. deceased Sreekanta Rakshit, younger son of ..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......ce No. 111 of 2004, which was heard along with Criminal Appeal No.2917 of 2004 and Criminal Appeal No.4316 of 2004, accepting the reference and dismissing the Criminal Appeals. 2. The Facts of the case, in brief, are that on 20.04.1997 at about 5.00 p.m. when the victim Ataur Rahman alias Mamun (..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......er (In Criminal Petition No. 348 of 2009) Babul Mia..................... Petitioner (In Criminal Petition No. 349 of 2009) Vs. The State............................. Respondents (In both the cases) Judgment: February 12, 2012. Result: Leave is granted. Lawyers Involved: Za..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......ain his conduct following the murder of his mother. 6. The trial Court, on the other hand, observed that the appellant's wife Swapna who was present at the time of occurrence did not depose in the case with a view to save her husband, that the statements of Gopal Karmaker under section 342 of the..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......Gopal Saha J. - This Rule is directed against the judgment and decree dated 21-8-95 passed by the learned Senior Assistant Judge, Rajshahi Sadar in SCC Suit No.8 of 1992 decreeing the suit. 2. The case of the plaintiff opposite-party in short is, that the defendant-petitioner had been a monthly t..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......it No.1983 of the Court of the 1st Munsif at Dinajpur. It has also been alleged that although the defendant purported to have obtained decree in the suit land through Court on 9-7-86, in reality, the case is simply a mere paper transaction and the defendant did not obtain any physical possession in ..Category: Property Law | Date: | Hits: 62
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