Judgment search - Chancery Law Chronicles

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Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....ly disposed of the appeal in the absence of the appellant, who was on bail, and the failure of his counsel to argue the appeal, and who ultimately withdrew from the case. 4. A reference to the relevant provisions of the Code of Criminal Procedure reveals that they contain a fairly elaborate m......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ion 423 The High Court is empowered to dispose of a criminal appeal on merits in the absence of the appellant or his pleader especially when the appellant deliberately refrains from appearance and his counsel prays for adjournment on flimsy grounds……..(5 and 6) Lawyers Involved: ......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..

Category: Criminal Law | Date: | Hits: 78

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....en though the draftsman had erroneously included therein averments of general damages by way of solatium for the grief and suffering caused to the parents by the loss of their child and other irrelevant matters. 22. The next contention advanced is that if the suit is a suit under Fatal Acc...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......2. Begum Fatima Khatun.......Respondents. Sri Monmotha Nath Kuri ............................Appellant (In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead represented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The B......ills thereunder for the sum of Rs. 25000/- and also undertook to furnish fresh and further security and to deposit all the title deeds with respect to his properties and also agreed to execute proper documents whenever called upon by the plaintiff bank. In addition to the security bond the defenda..

Category: Banking Law | Date: | Hits: 230

Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)

....ith the permission of the department and without prejudice to his rights of seniority. The second contention was that selection and appointment in rule 28 ibid do not relate to the time of taking the relevant examination but refer to a point of time when selection and appointment of the successful c......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the Secretary, Ministry of Communications, Government of Pakistan, Karachi and ors.................................................................Respondents Judgment J......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..

Category: Employment/Service Law | Date: | Hits: 103

The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ...... Present: Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J The Advocate-General, Govt. of East Pakistan, Dacca.............................. Appellant Vs. Benoy Bhusan Majumdar and others................................................. Respondents Judgment November 28, ......, but never abandoned their Pakistan citizenship, nor did they intend to settle permanently in India and to acquire Indian citizenship. 4. The prosecution examined 6 witnesses and exhibited some documents including the Migration Certificate (Ext. 1). Relying on this evidence the learned Magistr..

Category: Criminal Law | Date: | Hits: 59

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....nt-Bank on 9-3-2000 filed an application in the Execution Court in Execution Case No.4 of 1992 under Section 152 of the Code of Civil Procedure for correction of plaint, judgment, decree and other relevant documents of Title Suit No. 143 of 1990 and the Executing Court by its order dated 9-3-200......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... ......1 of the Code of Civil Procedure by the petitioners praying for recalling the order dated 9-3-2000 passed by the said Court in the said case allowing amendment of plaint, judgment, decree and other documents of Title Suit No. 143 of 1990 after completion of execution of the decree through auction..

Category: Banking Law | Date: | Hits: 112

....ing: - "When a request for an advance on costs has not been complied with, the Secretariat may act a time limit, which must not be less than 30 days on the expiry of which the relevant claim whether principal claim or counterclaim, shall be considered as withdrawn. Thi...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200......the Arbitrator: 1. In accordance with the provisions of article 10 of the ICC Arbitration Rules I have the pleasure of enclosing the file in this case which consists of the following documents: -Claimant's Request for Arbitration (20 pages) + App.1-31 dated October 28,1..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......verse possession. The defendant Satish while examining on commission as DW 2 has admitted the possession of the plaintiff in the suit land. But held that the plaintiff has intelligently created the papers for acquiring the suit land and, as such, relying on the Dhakhila the possession of the plai......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..

Category: Property Law | Date: | Hits: 53

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....sing of the Divorce Suit No. 1 of 1998 for making recommendation for enactment of ‘Unified Marriage and Divorce Act for all the citizens’ the said recommendation is totally unconnected with and irrelevant to the subject matter of the Divorce Suit……(7) Lawyers Involved: Muhammad Nazr......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......udul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ..

Category: Family Law | Date: | Hits: 192

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

...., 1979 and Rule 5(ka) of the Bangladesh Biman Corporation Employees (Pension and Gratuity) Rules, 1988 with full benefits as he is a public servant (wrongly written servant of the Republic) under the relevant provision of Government Servants (Retirement) Act, 1974. There is no mention in the aforesa......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necess......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......under sections 94 and 160 Cr.P.C. by the District Anti-Corruption Officer, Dhaka, (respondent No.3 in the respective writ petitions) asking the respective petitioners to appear before him with the papers and documents in connection with an enquiry under the Anti-Corruption Act, 1957 against them......oudhury CJ Md. Ruhul Amin J K M Hasan J Abu Sayeed Ahammed J Abu Siddique and anr………..…Petitioner &......ons 94 and 160 Cr.P.C. by the District Anti-Corruption Officer, Dhaka, (respondent No.3 in the respective writ petitions) asking the respective petitioners to appear before him with the papers and documents in connection with an enquiry under the Anti-Corruption Act, 1957 against them upon a com..

Category: Criminal Law | Date: | Hits: 58

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ma Bibi and brother Yunus. But at the same time PW 1 has stated that he has not filed paper to show that Rahima Bibi and Kulsuma Bibi are the sisters of Ilias Miah and that he came to know from the papers which he had seen at the time of making purchase that Rahima Bibi and Kulsuma Bibi are the ......nt: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Hiran Chandra Dey and anothers ………………………&hell......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..

Category: Property Law | Date: | Hits: 55

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....took an appeal to the Deputy Inspector General of Police, Khulna (Appellant No. 2) and the same was dismissed on 23rd April, 1996. 3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed fro...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......; Abu Sayeed Ahammed J Government of Bangladesh and others. .........................Appellant Vs. Md. Sh...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... evicted those persons from the land of HBRI. 12. The High Court Division on consideration of the submissions of the learned Advocates of the parties and that as well as upon consideration of the papers annexed to the writ petition and affidavit-in-opposition made the Rule absolute upon observin......AD) (2002) 111. ......the Rule absolute upon observing as follows- (a) that the petitioner society is the owner by purchase from the Government through registered sale deed of the land in question and these annexures, documents the society is still the owner of the land in question. (b) that the HBRI as well as t..

Category: Property Law | Date: | Hits: 54

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....es to the document and that also for the beneficiaries under the document to establish the recital relating to necessities stated in the document by calling them and that also other persons of the relevant time, but because of the lapse of time calling of the persons of the relevant time to depo......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs......that by the Exhibit A (II) and A(III) relating to property Nos. 1 and 2 respectively. As against the evidence brought on record by the plaintiff to disprove the presence of condition recited in the documents in question defendants have relied on the recitals of the said documents. ..

Category: Property Law | Date: | Hits: 47

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....ised by the wife (PW 11) of Habibur Rahman and by the nephew (PW 12) of the victims by the light of torch and hurricane. 5. Victims’ brother Saidur Rahman, who at the relevant time was serving in Bangladesh Rifles at Dhaka, was informed by his nephew over telephone ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......p; April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

.... to have been passed and made without lawful authority and of no legal effect and further directed the respondent-petitioner to exclude the said house from the list of abandoned building. The fact relevant for disposal of this petition is that one Abul Hashem predecessor of the petitioner got po......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Government of Bangladesh and others ............................Petitioners Vs. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..

Category: Property Law | Date: | Hits: 46

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....the combined evaluations, the bids will be ranked and if the evaluations are accepted by the Board or respondent No. 2, the recommendations of the Board with regard to the ranking of the bids and the relevant evaluation reports will be forwarded to the Ministry of Ports and Shipping since the value ......tion of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decisi......ies is desired to prevent exercise of the same for collateral purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmu......r on 14-1-2000 fixing 19th June as the last date of dropping bid for supply of four units of Rail mounted Quay Gantry Cranes with necessary spare parts and service as per specification of the bidding documents. The Bidder or bidders were required to be of eligible member countries of Asian Developme..

Category: Others | Date: | Hits: 130

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......appeal allowing the amendment, the material portion of the judgment is as under: “Heard the learned Advocates of the contending parties at length and pursued the impugned judgment and connected papers and documents. In course of the arguments the learned Advocate for the plaintiff-respondents ......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Responde......wing the amendment, the material portion of the judgment is as under: “Heard the learned Advocates of the contending parties at length and pursued the impugned judgment and connected papers and documents. In course of the arguments the learned Advocate for the plaintiff-respondents Mr. Mahbube..

Category: Procedural Law | Date: | Hits: 114

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......independent and unqualified by the contract of sale or underlying transaction and the autonomy of the same is required to be protected. The authorising or negotiating Bank is bound to pay when all papers per terms and condition of the letter of credit are presented which appears to the issuing B...... KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents Judgment &nbs......nters into a contract with the negotiating bank to make payment under the letter of credit on receipt of the document contemplated in the letter of credit and in the event of any discrepancy in the documents the negotiating bank has no authority whatsoever to receive the payment. Thus the Bank u..

Category: Civil Law | Date: | Hits: 115

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