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Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....307) the question was whether the repairer Hind Co., could claim lien on the taxis belonging to Albemarle Co., which were let out on hire to one Botfield. It was contended that in the hire-purchase agreement there was a prohibition clause against creating lien. The repairer was ignorant of such ...... The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel ......would dispose of the ship to adjust the liabilities. As per repayment arrangement respondent Nos. 2 and 3 were to break the vessel at their cost and then take delivery of the scraps from the Bank for selling those in the market, and before the actual delivery of the scraps the sale proceeds were to ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ent order of detention, which of course, is to be valid. That interpretation of the statue of law which preserves a fundamental human right is to be given rather than one which destroys it. We are in agreement with the view of the Supreme Court of Pakistan in Rowshari Bijaya Shaukat Ali Khan’s...... Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....ring for the respondent No.1 has submitted that the instant lease had been cancelled by the Government for default of rent and for the non-execution of development work as per terms of the lease agreement. In elaborating this point the learned Attorney General has pointed out that from admitted......ip;……………………………Respondents Judgment April 23, 1986. Result: The Rule is discharged. Cases Referred to- Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Development and ......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..........Petitioner Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeed......s Limited which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent/dealer the petitioner used to sell the products of the Opposite party Firm on commission basis upon receipt of the paints on credi..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....her prosecution case or the defence case is true. The learned Advocate further argues that the Directorate of Food may go to Civil Court to get compensation for shortage according to the terms of the agreement. According to the prosecution, the case against the accused petitioner is that after takin.................Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Referred to- Nader Ali Sheikh Vs. The State, 1984 BLD (AD) page 7; Ram Singh Vs. The Crown, AIR 1950 (Ea......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
.... executed. Since it was not done, the respondent brought the suit for specific performance of contract. 3. The trial court decreed the suit. It was found that the parties had entered into an agreement for selling the house and the con-tract was genuine. On appeal, the High Court Division di......s.…………………Appellants Vs. Golam Ahmad Shah and others………….Respondent Judgment January 27, 1986. Result: The Appeal is allowed. Cases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad........ Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Rajshahi, for specific performance of contract dated 5. 8. 1970. The contract was for selling the residential house of the appellant to the respondent. The price was fixed at Tk. 25,000/..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....of detention whatsoever. In the case of Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1 it has been held by the Appellate Division as follows:— "We are in agreement with the view of Supreme Court of Pakistan in Rowshan Bijaya Shawkat Ali Khan's case (.........Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Sho......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
.... nor does the Court preclude itself from considering the report of the Commissioner in the light of such other evidence as may be given by the parties to the suit." 14. We are in respectful agreement with this proposition. In this view of the matter, the opinion is that the Commissioner...... at all precluded from considering the report of the Commissioner afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion i......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....esh reported in 34 DLR (A.D) 110 (114) wherein the Hon'ble Judges have observed thus: "Thus the jurisdiction was enlarged and all that is required is that the claim must arise out of an agreement of carriage of goods. It is evident there has been a sea change in the law since 1861. In ......aintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277).&......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....Respondents Judgment January 15, 1985. Result: The petition is dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of the purchase price, the offer......dustries and others.……..Respondents Judgment January 15, 1985. Result: The petition is dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of......er alia, that the plaintiff entered into a contract with the principal defendant No.1 through defendant No. 2 the Managing partner, for purchase of the suit property to which defendant 2 agreed to sell and the price was settled at Tk. 9,00,001/-. The plaintiff paid in cash Tk. 1,00,001/- as earn..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
.... years he offered the consideration to the defendant and demanded a deed of reconveyance from him, but the defendant refused. Hence the suit. The defendant contested the suit. He denied the agreement for reconveyance and challenged the deed relied upon by the plaintiff as fabricated. .......................Appellant Vs. Md. Ibrahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwale......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....o sale the suit property by a bainanama dated 24.4.75. In the plaint it was also claimed that defendant No. 1 also gave him possession in the suit property. It was further alleged that at the time of agreement the consideration money was fixed at Taka 40,000/- out of that Taka 38,000/- gave as earne.....................Petitioner Vs. Saleh Ahmed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawye...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ound defendant No.1 was compelled to terminate the agency. Defendant No.1 also contended that defendant No.1 is only a charterer of the Vessel M.V. Haci Sefer Kalkavan and that under the charterparty agreement defendant No. 1 did not acquire the ownership or any transferable interest in the aforesai......apan Trading Company (1924) Vol. 79 Indian Cases 242; Civil Appeals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah wi......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....f 1966. Basharat Ali respondent since deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral agreement entered into between the same parties the appellant Abdul Quddus agreed to re-convey the l...... (Civil Appellate Jurisdiction) Present: Md. Altaf Hossain J Abdul Quddus……………………….Appellant Vs. Anjuman Khatoon & others……………….Respondents Judgment Jun......lusion that the contract was one of personal nature and could not be enforced by the successors-in-interest of the transferor, who sought to enforce the contract. (In the case before me, the original seller sought to enforce the contract for reconveyance against the original purchaser) The observati..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... question of law unless it is contained in a written document spelling out the relationship. It would be question of law when the relationship would be derived from any construction of a written agreement. 14. In the instant case the Head Master is required to do a skilled job, that is to .....................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....ng the plots already belonging to the plaintiff. 11. So, what was in fact agreed to be leased out? Is there any evidence to that effect. I find none. Nor the Court below could find any such oral agreement, prior to the execution of kabuliat, proved by evidence conclusively by the plaintiff. How......ion in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was s...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....hange prevailing on the date of repayment. The first loan carried interest at the rate of 8% per annum and liquidated interest at the rate of 1% per annum which was enhanced by supplementary loan agreement dated 11-5-71. After the emergence of Bangladesh the appellant made total payment of Tk.......ril 2, 1984. Result: The appeal is allowed in part. The Evidence Act, 1872 (I of 1872) “Without prejudice”- letter written with the expression ‘without prejudice’ on the top of it- Its implication The words ‘'without prejudice" are often written by one party to ...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....of the temple. Later on the plaintiff offered to purchase 4 gandas in his name only to minimise the cost of registration and to avoid duplication. Defendant 1(a) Chandra Shekhar accordingly wrote the agreement Ext. 2 On 26.7.77 Defendants 1(a) Chandra Sekhar and defendant 1(b) Shyamapada executed th..................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. Result: The appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap V......ekhar and defendant 1(b) Shyamapada are the Secretary and Joint Secretary of the said Committee respectively. The Chatteswari Temple Development Committee was formed in 1972. The Shebayets propose to sell the property of the schedule for the improvement of the temple which was damaged by the Pakista..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....ing all necessary risk and the defendant No.3 would arrange clearance of the car on arrival at Chittagong and would deliver to the plaintiff in ready and worthy condition. 3. In pursuance of the agreement between the plaintiff and the defendant No. 3, the plaintiff remitted a sum of D.M. 4,900 ......agong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at the rate o......ication whenever any goods are removed and also provides for charging in case of removal of goods for warehousing or open storing , Section 64 of the Act empowers the Port authority even to sell the goods at the expiration of two months from the time when the goods are placed in their cust..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....g facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties whereunder the opposite party Nos.1 and 2 agreed to re-convey ............Petitioner Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs....... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
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