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Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......the cause of fire does not, in any way, offend the warranty ‘Y’. 32. With regard to the breach of warranty ‘X’, Mr. Baset Majumder, learned Counsel for the respondent submitted that in the questioned averment it was meant to say the Mill was in running condition. That does not mean that a......es, the plaintiff adduced the documents which were marked as exhibits 1 to 12 while the documents adduced by the defendants were marked as exhibits ‘Ka’ to ‘Ga’. 9. On consideration of the facts and circumstances of the case and the evidence on record, the trial Court held, inter alia, th..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......ormance of Contract as they have not come before the Court with clean hands since the date of execution was found to have been fabricated by way of eraser and interpolation by the plaintiff. 7. On question of limitation Mr. NK Saha the learned Advocate for the opposite party has pointed out from ...... corresponding to February, 1979 and the cause of action arose from February, 1979 and the suit having been filed on 21-1-1982, the suit is very much within time and the trial Court misconceiving the facts and the law relating to the cause of action and the point of limitation arrived at a wrong dec..Category: Property Law | Date: | Hits: 55
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......t appears that the plaintiff relied on the certificate issued by the Narayangonj Chamber of Commerce, Exhibit 7. Although the propriety of Exhibit No.7 was challenged by the defendants but so far the question of ascertainment of the price of the cargo at the relevant time, the learned Senior Advocat......ischarge port since the vessel has to pass an ocean from where the same may face enormous hazard including act of god/peril of sea/accident or mechanical trouble. In the instant case the statement of facts of the deck log book will reveal that there was no unreasonable delay or any delay for the ves..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......n submitted that since the victim was not been recovered as well as not a single witness deposed in favour of the prosecution side that they have seen the victim to go with the accused appellant, the question of kidnapping the victim by the appellant was not been established in this case. Now, we......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 48
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......nd that there was no dispute amongst the brothers and that she was not exactly aware as to why Khosbar killed her husband. She denied the suggestion that Khosbar did not kill her husband. In reply to question put by the court she stated that at the time of deposing she had been residing in her fathe......s pointed out by the learned Advocate, are also not of any material character. We therefore, do not find any substance in the said submission. 37. In view of the discussion made above and from the facts and circumstances and evidence on record we are led to the irresistible conclusion that there ..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......es. 6. The defendant Nos. 1 and 2 and the defendant No.3. filed two separate sets of written statements denying the claim of the plaintiff. It is stated that according to the rules the property in question was sold through tender and the highest offer given by the defendant No.3 was accepted by t......ed by the defendant Nos. 1 and 2 and a notice was issued for evicting the tenants but other terms and conditions of the tender notice remained unfulfilled. So, in such a situation we hold that in the facts and circumstances of the present case it cannot be called a concluded contract, rather the ten..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......e vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a registered Private Company and it carries on business ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......aint that he may do so through his assertive evidence which will be supported by the evidence of other P.Ws. Therefore, non adducing the evidence by the plaintiff himself has no adverse effect on the question of title of the plaintiff, as obtained through the title deed, and since the attesting witn...... the execution of the plaintiff’s title deed by the defendant No.2, Samala Bibi, upon receiving the valuable consideration of Tk. 80,000.00, the finding of the Appellate Court is not tenable on the facts and circumstances of the case. 13. The learned Senior Counsel Mr. Taimur Alam Khandaker fu..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......z, Advocate-For the Petitioner. Mujibar Rahman, Deputy Attorney General - For the Respondents. Writ Petition No. 12567 of 2006 Judgment AFM Abdur Rahman J. - This writ petition involves a question of public importance as to whether a primary school teacher being an employee of the Govern...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ..Category: Employment/Service Law | Date: | Hits: 70
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......prosecution witnesses though were cross-examined, no suggestion was made to the effect that the victim died elsewhere, or that the appellant was not present in his house at the time of occurrence. No question to that effect was also put during their cross-examinations. More so, the appellant in his ......on 342 of the Code of Criminal Procedure did not disclose any other hypothesis, or explain any cause of the death of his wife. It gives clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal l..Category: Criminal Law | Date: | Hits: 58
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......ced test transmission violating the terms and therefore, the respondent No.1 had legally issued the impugned orders. 5. The High Court Division upon hearing the parties and on consideration of the facts and circumstances of the matter observed "along with the licenses under the Telegraph Act, 188..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......Blood clot was also found present on the meninges and on the brain matter and those were ante-mortem and, as such, it is easy to presume that the death of Golapi was not a natural death. Now the moot question for determination is whether the accused respondent is responsible for the death of decease......considered along with the medical evidence it is clear that there is no evidence whatsoever of any assault by the accused-respondent leading to existence of hematoma. He further submits that from the facts and circumstances disclosed from the evidence it appears that the defence case was more probab..Category: Criminal Law | Date: | Hits: 60
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......96 of the State Acquisition and Tenancy Act allowed the appeal with costs and the order allowing pre-emption was set aside and thus the application for pre-emption was dismissed. 8. In view of the facts, circumstances, the material on records and the decision reported in 35 DLR (AD) 230 referred ..Category: Property Law | Date: | Hits: 70
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......on 31.1.1996 in the suit land which are in existence from earlier. There is no suit land as alleged in the plaint and the plaintiffs were never in possession of the so-called suit land and as such no question arises to hand over the possession of the non-existence suit land to the plaintiffs. 7.......dge, 1st Commercial Court, Dhaka, Mr. Md. Amirul Islam, who upon hearing the parties and examining the evidence on record came to the finding that the learned trial Judge upon mis-appreciation of the facts and circumstances of the case and upon misapplying the law decreed the suit and accordingly th..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......xure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The Rules are therefore being disposed of by a single judgment. 3. The facts for......awful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The Rules are therefore being disposed of by a single judgment. 3. The facts for the disposal of the Rule are as follows: The petitioner Rupali Bank Ltd. is a nationali..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ...... before us was absconding till submission of the charge sheet by the police on re-investigation of the case. He was arrested after submission of charge sheet against him…… There was apparently no question of discharge of the appellant from custody or from the case (para 4).” The facts of th......gation of the case. He was arrested after submission of charge sheet against him…… There was apparently no question of discharge of the appellant from custody or from the case (para 4).” The facts of this case are almost similar with the facts of that case. In that case, police after invest..Category: Criminal Law | Date: | Hits: 56
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