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....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......s to be made before it by witnesses, in relation to matters of fact under inquiry:
Such statements are classed oral evidence;
(2) all document produced for the inspection of the Court, such documents are called documentary evidence".
11. Referring to the denotation of the court a..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....as not maintainable for want of cause of action against the defendants. However, the defendants sought for release of the vessel 'MV Stern' from arrest and custody of the marshal on accepting bank guarantee for Taka 4, 24,112.00. The Admiralty Court on hearing both the learned Counsels of pl...... owner of the Vessel, at a consolidated salary of US Dollar 2,400.00 per month and he duly joined on April 28, 1993 and took the command of defendant 1, Vessel MV Stern on that date after signing the documents of taking over and handing over of the discharge. On taking command of the ship he perform..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......ings. The petitioner‑respondents, examined as many as 9 witnesses in these cases whereas die objector appellant examined 5 witnesses in their favour. Petitioner respondents filed several papers and documents which have been marked as Exts.1 to 20 (a). The documents and papers filed by the objector..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......e property as abandoned property has been made illegally and without lawful authority. Mr. Chowdhury next submitted that in view of the decree for specific performance of contract on scrutinising the documents, namely the agreement for sale, the Court of Settlement acted illegally in going behind th..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....o be given to the opposite party; Provided that, except in the case of sale of goods for default in payment, at the stipulated time, of a debt in respect of which the goods were pledged with any bank, the Court may, where it appears that the object of granting injunction would be defeated by th......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....200 and the case of R.H. Kapur, Partner of Messrs Wright and Co. Vs. Tranyanacore National and Quilon Bank Ltd. reported in A.I.R. 1945 (Madras) 467, that when a person opens a Current Account with a bank and pays money into it. the bank is a debtor to the customer; if the bank allows the customer t......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......In the school leaving certificate of Purnendu Bikash Chakrabarti, the immediate elder issue of the girl's parents, the date of his birth is shown as 10.7.74. 33. Mr. Halder claims that these documents sufficiently and conclusively prove that the girl was minor of 13/14 years at the time of ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
...... maintainable as the joint venture company is not a party in this suit.
4. In this suit the plaintiff examined two witnesses and the defendant No.1 examined one witness. Both the parties adduced documents and papers in support of their respective case which have been marked as exhibits in this ..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......perty under President's Order No.16 of 1972. Subsequently, the respondent No. 2 issued several notices upon the petitioners for producing Bibi Homaira before the Ministry of Works along with documents and papers, but the petitioners failed to do so. 5. To prove their case, the petition..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......duced and proved some Toka Farags Exts. 1 to 1 (r) in support of their case. Contesting defendants examined 5 witnesses including defendant No. 7 Rowab Ali as D.W. 1 and also produced and proved some documents such as finally published Khatians Ext. A (2), the government rent receipts Ext. B t..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......aintiff Unnayan Parishad is liable to be dismissed.
4. At the time of trial, three witnesses were examined on the, side of the plaintiffs as against one on the side of the defendant. A number of documents were admitted in evidence on behalf of both sides. On perusal of the evidence on record an..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......the previous year, but the second party is trying to disturb his possession and so there is an apprehension of breach of peace. He came to such finding on the basis of evidence on record and also the documents filed by the first party. He found that the first party purchased half of the case plot fr..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......e sum of £100 enters upon another passage in another form of income, and therefore, attracts income tax gain”. At the time of hearing both revenue and the assessee produced before us documents to show that amount was taxed twice. In the light of the dictum of Rowlatt J, we are of th..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....entoried at about Taka 12.2.crore were hypothecated to Al‑Baraka Bank Bangladesh Ltd. as security for its investment. The securities thus, furnished by the petitioner for the investment of the said bank totaled at Taka. 20.2 crore which is far in excess, of the said Bank's investment and the p......oner. Another notice thereafter was served on the bank claiming Taka 62.4 crore as damages from the said Bank and another notice was served by the petitioner on the Bank asking it to return the land, documents and to discharge the hypothecation of fixed assets. It has been stated also in the petitio..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ...... Commissioner and Secretary, Ministry of Works in April, 1972 and again on 22.2. 1975, 21.10.1975 and 5.8.1976. The Ministry of Works by its Memo dated 3.6.1977 directed the petitioner to produce the documents and papers in support of his claim which he accordingly complied by his letter dated 16.6...Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....on order is mala fide one for a collateral purpose and in elaborating this point the learned Advocate submits that when there is a specific criminal case pending against the detention for the alleged banking activities without being permitted to do so by the State Bank which is made punishable under......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......ation offices in the territories under the Government, and shall have power from time to time to make rules consistent with this Act.
(a) Providing for the safe custody of books, papers and documents;
(b) Declaring what languages shall be deemed to be commonly used in each district;
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
....... 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279.
6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support of their respective claims. The learned Munsif on discussion of evidence held t..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ...... dishonestly misappropriated. With that allegation FIR of this case was lodged by Mr. AK Ghose, Inspector of DAB who himself took up investigation of the case and during investigation the seized some documents and on completion of investigation submitted charge‑sheet. 8. These appellants were..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
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