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Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......bed in schedule 'A' had already been mortgaged by the appellant in favour of the IDBP by executing the required documents as security for the purpose of obtaining the loan. It may be pointed out that according to the bye‑laws the employee shall be bound by the other clauses for payment of the Hous......ruzzaman J Hameeda Banu........................................Appellant Vs. AFM Naziruddin.......................................Respondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR ......Bank account, that he constructed the first‑floor at a cost of Tk. 1,24,455.00. He proved the letter of IDBP sanctioning the loan dated 20.11.70 which was marked as Ext. 2. He also proved the bye‑laws of the Shilpa Bank which was marked Ext. 3, that he had vouchers for purchase of materials for ..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......aji Md. Ishaque and others............................Petitioner Vs. Rupali Bank .................................................Opposite party. Judgment August 6, 1990. Case Referred to- Chapala Sundari Vs. Wahed Ali, 11 DLR 376. Lawyers Involved: Mozammel Hossain with Abd......uit. Under the provision of Order XXIII rule 3 of the Code of Civil Procedure if the defendant can satisfy the Court that the claim in the suit had been adjusted or satisfied wholly or in part by any lawful agreement or compromise then the Court shall pass a decree in terms of such compromise. But n..Category: Procedural Law | Date: | Hits: 67
....hip and as such the same could not be attached. The learned Advocate for the petitioner failed to show any error of law resulting in an order in the decision of the Court below occasioning failure of justice.
11. While dealing with nature and effect of Charter party Scratton in his book on Charte......site party No. 1 in CR No. 111 of 1982) M/s Continental Grain Co. (Canada) Ltd. on 14.7.81 for one voyage from Vancouver to Chittagong for carrying oil‑seeds. In terms of the said charter party and according to the established shipping practice the objector‑petitioner as voyage charterer is obli......................................................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
PLD 1964 (SC) 222.
Lawyers Involved:
Mustafa Niaz Mohammad, Advocate ‑For the Petiti......he ownership and control or for that matter the possession, of the vessel remains with the owner and not with the charterer. For that reason also the plaintiff cannot attach the vessel. It is settled law that a property to be attached before judgment must be the property of defendants. The learned A..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......e alleged recovery of the pistol from the possession of the appellant was not proved and the pistol that was recovered was not also sent to the Arms Expert, instead, a different one was sent and that according to the learned Judge these omissions vitiated that trial and upon such observation it was ......zammel (Md.) Huq......................................Appellant Vs. State............................................................Respondent. Judgment March 12, 1990. Cases Referred to- 10 DLR (SC) 29; 33 DLR 203; 35 DLR 127; 41 DLR 274; 12 DLR 100; 12 DLR 90 & 21 DLR (AD) ...... AKM Shamsul Karim Assistant Attorney General ‑ For the State. Criminal Appeal No. 174 of 1987. Judgment Amin‑ur‑Rahman Khan J. - This appeal has been heard on the preliminary point of law raised on behalf of the appellant. 2. The appellant along with 3 others was tried by the Spec..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611......................................................Petitioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 B......ons at different offices and ultimately final order was passed on 2.5.90 permitting to file the appeal. Thereafter, the memorandum of appeal was drafted and naturally it was drafted by the Government lawyer and the appeal was filed on 5.5.90 which means within 3 days of the order directing to file t..Category: Limitation Law | Date: | Hits: 192
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......nstitution as like that of USA does not say that voting would be by secret ballot. He said that in the Act no restriction has been imposed on the voters from exercising their right freely and to vote according to his thought and conscience but only at the risk of party discipline. The learned Attorn......others...............................................................Petitioners
Vs.
Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents.
Judgment
October 7, 1991.
Lawyers Involved:
Amir‑ul-Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A...... to why the impugned legislations as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the ele..
Category: Constitutional Law | Date: | Hits: 229
....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......
Nizamul Haque and Others........................................................Petitioner
Vs.
Singa Bangla Garment Manufacturing Company (Pvt) Ltd..............Respondent.
Judgment
October 29, 1990.
Case Referred to-
Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute M...... company filed affidavit before this Court stating certain terms and conditions for payment of its outstanding dues which in the interest of the petitioners as well as of the company, the petitioners lawyer agreed and lastly the respondent has filed another affidavit stating completely different ter..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... for amendment. He further submits that the amendment was just and necessary for proper adjudication of the title, and the Court below committed an error of law in the decision occasioning failure of justice in not noticing that the petitioners were not impleaded in Title Suit No. 5 of 1959 in their...... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......n Bhuiyan and others.............................Petitioners Vs. Sakhina Bibi and others........................................Opposite Parties. Judgment April 4, 1990. Cases Referred to- Akkama Vs. Venkatpall AIR 1925 Mad 59; Asrar Ahmed Vs. Durgah Committee, Ajmir, AIR 1947 (PC......ve any reason for rejecting the application for amendment. He further submits that the amendment was just and necessary for proper adjudication of the title, and the Court below committed an error of law in the decision occasioning failure of justice in not noticing that the petitioners were not imp..Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....Court it cannot be said that the suit was not maintainable in that Court. There was no illegality on the part of the Court of appeal below resulting in an error in the decision occasioning failure of justice in allowing the appeal. We have noticed from the lower Court's record that the defendant pet......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......badul Hoque J Abdur Rahman......................................Petitioner Vs. Shahanara Begum.................................Opposite Party. Judgment August 8, 1990. Case Referred to- Suratannessa Vs. Md. Naimuddin, 18 DLR 37. Lawyers Involved: Nurul Islam Chowdhury, Ad......that the petition in a pauper case is the plaint of the suit and as such the case was to be continued by the plaintiff petitioner in the Court of the Subordinate Judge and that she is not entitled in law to file and maintain the suit in the Family Court for the self‑same relief in view of the prov..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....n accepting the valuation given by the plaintiffs. Even if it is conceded that the Court below acted irregularly in the exercise of its discretion it cannot be said that there has been any failure of justice by the impugned order. 11. After the amendment of section 115 of the Code of Civil Proced......uation as per provision of section 8 C of the Court Fees Act in the suit as the plaintiffs were entitled to value the relief on the basis which was beneficial to them and they had described the value accordingly. In that decision it was further held that the Court Fees Act, a fiscal law, should be i...... Abul (Md.) Kashem & others.........................Petitioner Vs. Ashrafuzzaman...........................................Opposite Party. Judgment July 30, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandro ......ntiffs were entitled to value the relief on the basis which was beneficial to them and they had described the value accordingly. In that decision it was further held that the Court Fees Act, a fiscal law, should be interpreted in favour of the litigant. Obviously the Court in that decision meant tha..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... Kazi Ebadul Hoque J Afsar Ali Chowdhury and others...............................Petitioners Vs. The People's Republic of Bangladesh........................Opposite Party. Judgment October 31, 1990. Cases Referred to- Province of East Bengal Vs. Bakerganj Central Co‑operati......ved before this court. 5. Mr. Jamiruddin Sircar, the learned Counsel who moved this application submitted that the application under Order 7 rule 11 was rejected by the Court on a misconception of law and therefore, the said need be set aside. In elaborating this point the learned Advocate submit..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
.... an appeal. It must be confined within the four corners of Order XLVII of the Code of Civil Procedure. In the instant case, non‑fixation of proper points for determination has caused miscarriage of justice. 11. Mr. JN Deb, the learned Advocate for the plaintiff petitioner nextly submits that th......r filed an application under Order XLVII of the Code of Civil Procedure against the defendant No. 5/opposite party No. 1 for review of the said order of rejection of the learned Subordinate Judge and accordingly Miscellaneous case No. 96/79 was started which was subsequently re‑numbered as Misc Ca...... Afsar (Md.).................................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- Dacca Match Factory Ltd. Vs. Bangladesh Match Co. Ltd, 30 DLR (HC) page 244 para 8; Mansur A...... Advocate for the plaintiff petitioner seriously assails the impugned judgment and order of the learned Subordinate Judge and submits that the learned Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the fa..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....er appearing for the opposite party No. 1 contested this Rule contending that the Tribunal in rejecting the application as to maintainability committed no error or illegality occasioning a failure of justice as rejection or acceptance of a nomination paper is a part of the whole election process ult......petitioner was declared elected by an overwhelming majority of 4251 votes. The petitioner's name was published in the Official Gazette as the elected Chairman of Shariatpur Sadar Upazila Parishad and accordingly he took the oath of Office and thereafter started functioning as the Chairman of the Upa......azi Ebadul Hoque J Yakub (Md.) Ali Howlader.......................Petitioner Vs. Abdur Rab Munshi..........................Opposite Party. Judgment November 18, 1990. Case Referred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed A...... further seen that the Returning Officer after scrutiny shall, if rejecting a nomination paper, give reasons for doing so but in case of acceptance no such reasoning need to be given but the relevant law also does not make that acceptance to be final as in case of rejection, when finality attaining ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....t been properly considered and there has been misreading and also misappreciation of the evidence on record by the learned Additional Sessions Judge and as a result there has been complete failure of justice. Lastly, it has been contended by the learned Advocates for the appellants that the learned ......ised on behalf of the appellants about the defect in the charge against the appellants. Admittedly, all the appellants have been charged under sections 460/302/34 of the Penal Code and they have been accordingly convicted and sentenced thereunder. Question is, whether in view of the charge under sec......ed J Muhammad Ansar Ali J Khelu Mia and others....................Appellant Vs. The State....................................Respondent. Judgment August 30, 1990. Cases Referred to- Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401; Singaram and another, AI......me and the manner of occurrence as alleged by the prosecution by cogent, reliable and sufficient evidence and as such the impugned judgment and order of conviction and sentence cannot be sustained in law and also on facts. Thereafter, it is contended on behalf of the appellants that their conviction..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......Plots Nos. 49, 52 and 69 of Khatian No. 536 of No. 258 Mouza Char Jubilee which was claimed by the father of the defendant No. 3 does not correspond to the land of the Diara Block Plot No. 81/123 and accordingly held that the order passed on 23.10.1968, Ext. A(a), in objection case No. 471 of 1968 w...... Rahman J Abdul Quader Chowdhury....................... Petitioner Vs. Sayedul Hoque & others................ …………Opposite Parties. Judgment May 30, 1990. Cases Referred to- Sundar Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 ......earing for the opposite parties contends that the written statement being a public document within the meaning of section 74 of the Evidence Act the learned District Judge did not commit any error of law in putting reliance upon Ext. 7. I find force in the contention of Mr. Ruhul Amin. The learned A..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......d the prosecution has proved that the sarees in question were of Indian origin and smuggled into Bangladesh and was carried by the truck in question by producing the sample saree in Court. Therefore, according to Mrs. Salina, the order of conviction and sentence was made on legal evidence on record ...... Rahman J Amir Ali & others................................Appellants Vs. The State..........................................Respondent. Judgment January 31, 1990. Case Referred to- Abdul Hamid and another Vs. The State, 40 DLR 477. Lawyers Involved: Shaukal Ali Khan ...... second contention of Mr. Khan is that the prosecution failed to discharge its onus in proving that the sarees were of Indian origin and the import of the same was prohibited and restricted under any law and the same were smuggled into Bangladesh and carried in the truck by the appellants knowing th..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....the suit and also it has failed to take into consideration the material evidence particularly the documentary evidence of the contesting defendant, as a result there has been a serious miscarriage of justice. In support of, his contention, the learned Advocate f or the appellant has referred to a nu......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ...............................................................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and other......urts below and also the evidence and other materials on record. The learned Assistant Attorney‑General on behalf of the appellant firstly contended that the lower appellate Court committed error of law in not holding that the suit suffers from vagueness of the description of the suit land about wh..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548....... Sadharan Bima Corporation.....................................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment May 27, 1990. Cases Referred to- Al‑Sayer Navigation Co. Vs. Delta International Traders Ltd. 34 DLR (AD) 110; Albert David...... aforesaid decision the four learned Judges were unanimous and all concurred the views as expressed by Blackburn, J. which are as follows: "I am of the same opinion. The general rule of the common law was that where necessaries were supplied to a ship at home the Court of Admiralty had no jurisdi..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......ly decide the appeal and sub‑section (6) of section 17 shows that on receipt of the order passed by the District Judge in appeal the Family Court shall modify or amend the judgment, decree or order accordingly and this clearly shows that no power to send the case on remand to, the Family Court has......e J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- Amir Md. Vs. Mst Bushra, AIR 1956 Raj. 102; AKM Ruhul Amin Vs. District Judge, Bhola, 38 DLR......r and Tk. 1000.00 per month was shown as maintenance of the wife per month. 3. The wife petitioner filed Faimly Court Case No. 1 of 1988 against her husband opposite party No. 1, her father‑in‑law, opposite party No. 2 and sister of her husband, opposite party No. 3 claiming recovery of dower..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ...... receives the delivery of possession of the decretal building the decree cannot be said to have been satisfied and the execution case at the instance of the other decree holders can be proceeded with according to law and the other joint decree‑holders need not file a separate suit. As the dispute ......Rahman J Rabindra Narayan Gope.............................Petitioner Vs. Nani Gopal Gope and others........................Opposite parties. Judgment March 29, 1990. Cases Referred to- Munshi Rai Vs. Rup Narain and others, AIR 1927 pat 288; Bans Rai Singh Vs. Krishna Chandra, ......g out of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is whether the lower appellate Court was legally competent to di..Category: Procedural Law | Date: | Hits: 81
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