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Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....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. ......n condoned when in fact there are materials record to show that the Additional Deputy Commissioner (Revenue) did ask him to pay arrear rent due from the petitioner without any result and hence in the action of the Government there is nothing mala fide and it cannot be said that the petitioner was no..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. ...... 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 credit. The parties carried on the said business transaction for many years since 1960. After that towards the end of 1980 dispute started between th..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....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. ......sed under section 203 Cr.P.C. It may be mentioned that for the lapse of I.O. the Government is going to lose more than taka one lac. Send the copy of the order sheet to the S.P. Chittagong for taking action against the I.O. Also send copy to O.C. P.S. for getting complaint afresh from the Food Depar..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......ants cut earth from plot No.1355 comprising a pond in spite of the order of temporary injunction passed against them earlier and the plaintiffs-appellants already filed an application for taking action against them for violation of Court's order of injunction. The defendant also cut one Jam..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......ddin Ahmed also sent written information Ext.4 on 6.9.83 to the O.C. Anwara P.S. informing him that one married lady of Belchura village had died in mysterious circumstances and that appropriate action should be taken in this matter. O.C., Anwara P.S. on receipt of said information started U.D...Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ...... any act in the matter of his murder. 15. To attract the operation of section 34 and fix constructive guilt on each of the several accuseds under that section there must be participation in action although different accused might have taken different parts. Here is the distinction between ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....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. ......in their objection have alleged that the suit and the application for arrest of m.v. CHERRY ORIENT is not maintainable in the Admiralty jurisdiction of this Court. They have alleged that the cause of action of the suit relating to the allegation of damage and loss of the cargo admittedly being again..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)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ...... 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 of money or mon..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......nation of the condemned prisoner is a u/s 342 Cr.P.C. is that the condemned prisoner is a patient of epilepsy. During epileptic fits she grows violent and losses control over her temper and actions. She cannot recollect what happened in the night of occurrence and claims immunity from crim..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......s been repeatedly laid down by several judicial pronouncements that any provision made in a particular statute barring the jurisdiction of the civil Court to call in question any order passed or action taken under the statute gives protection to orders which are made with jurisdiction, made wit..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......o deposed in several other cases in favour of the defendants. The suggestion was also put to them that they jointly made the collusion to grab the property. The appellate Court for his own satisfaction compared the signatures of plaintiff No. 1 and also considered the report of the hand-writing..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......dant No.1 deposed on 26-6-75 stating that he was the adopted son of the plaintiff's father. This false claim of the defendant No.1 threatened the plaintiff's heirship and thus gave a cause of action for this suit. 3. The defendant No.1 denied the case of the plaintiff and also denied th..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......and also that the defendants did not dispute the plaintiffs' claim of title and possession regarding schedules Ka and Kha nor claimed any title therein. He also found that there was cause of action for the claim of injunction and that the suit was maintainable. Upon such findings he decreed..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....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. ...... shall not ordinarily be treated as a movable property within the jurisdiction of the Court liable to the attachment before judgment unless there are other facts and compelling reasons calling for an action under this rule, apart from other question of jurisdiction. On the interpretation given ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......the annual general meetings since 1977, with no reply. Then he instructed his lawyer to inform the above irregularities to the Registrar, Joint Stock Companies, which his lawyer did, without any action by the Registrar. The Managing Director has created a deadlock in the Company's admi..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ......r. He has further urged that the finding of the Courts below that the resolutions were not only illegal and without jurisdiction but also mala fide one is wrong in view of the fact that the course of action followed by the Managing Committee was fair and equitable and the plaintiff was heard in pers..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... 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 ......ether there was any fraud in executing the document as alleged by the plaintiff or just a bona fide mistake without fraud calling for rectification. There is a presumption of good faith in human transaction and therefore he who alleges fraud or bad faith need to prove the same by leading evidence to..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......dinate Judge, 3rd Court, Chittagong 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..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... 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. ......fic performance of contract against the opposite parties defendants. The plaintiff paid ad valorem Court fee in the suit. The Courts below dismissed the suit. They were of the view that the transaction evidenced by the kabala dated 20.05.1970 coupled with the contemporaneous agreement of reconv..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119