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Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...

Category: Property Law | Date: | Hits: 145

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......st the judgment and order dated 9-2-95 passed by the same Court in Miscellaneous Case No.129 of 1994 under Order 47 rule 1 of the Code of Civil Procedure awarding interest at the rate of 5% above the Bank rate on the aforesaid decretal amount under section 47B of the Insurance Act, 1938 thereby modi...... Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdharilal Honuman Bu..

Category: Business or Commercial Law | Date: | Hits: 522

State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)

....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...

Category: Criminal Law | Date: | Hits: 129

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

....so discharged by a Division Bench of this Court on 25-6-2006. 4. Thereafter in the said Execution Case No.340 of 2005 the property was sold to Mr. Moham­mad Ali son of Badiur Rahman of Chittagong Commercial Area i.e. respondent No.1 herein (the suit property along with other land) vide order No....... (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Na...... Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al..

Category: Civil Law | Date: | Hits: 235

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......suance of the oral contract the plaintiffs in good faith made payment of Tk.30,000/-on 19.6.73 in the name of the defendant No.1 and Ehsanul Hasan Khan in A/C No.19164 with the National and Grindlays Bank (now Grindlays Bank) and Tk.15,000/- on 12.12.73 in the same account in the name of Ehsanul Has......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......assed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he is the Assistant Teacher of the Crescent High School of the Crescent Jute Mills Co Ltd. within the Town Khalishpur, Khulna and the said Mill, being a nationalised industry, is a compo..

Category: Labour and Industrial Law | Date: | Hits: 184

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......s per law and thus the award given by him is void ab initio and a nullity in the eye of law. The legal incidence of a void act has been succinctly by Lord Denning, MR in Mac Foy Vs. United Africa Co. Ltd. (1962) AC 152, 160, "If an act is void, then it is in law a nullity. It is not only bad, but in..

Category: Alternative Dispute Resolution | Date: | Hits: 291

Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..

Category: Criminal Law | Date: | Hits: 147

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......tion of ownership of, any such property; (b) for enforcement of mortgage security in relation to any immovable property except where the mortgage is the movement or a local authority or a schedule Bank or a statutory Corporation or a Co-operative Society; or (c) for partition of immovable prop......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ..

Category: Property Law | Date: | Hits: 120

Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)

....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 85

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....lared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release and restore the possession of the leasehold plot No.151, Motijheel Commercial Area, Dhaka meas­uring 7 kathas and 8 chattaks as mentioned in the deed of lease (Annexu......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ...... is also Reported in: 42 DLR (HCD) (1990) 363. ..

Category: Property Law | Date: | Hits: 115

KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)

.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......me Court High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. R...... Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd..

Category: Civil Law | Date: | Hits: 212

Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)

....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...

Category: Criminal Law | Date: | Hits: 126

Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)

....ated 22.3.95 praying for stay of further proceeding of the execution case stating, inter alia, that it is an allottee of the government in respect of some portion of the suit property in the Dilkusha Commercial Area and has been possessing the same for community education on getting lease from the M......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..

Category: Limitation Law | Date: | Hits: 211

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......d from the charge sheet as he was under the treatment of a Doctor at the time of occurrence and ii this regard a medical report was kept in the case diary, that as many as five officers of the Sonali Bank, KC Dey Road, Chittagong stated in their 161 statement that opposite parties Nos.1-3, namely, Z...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..

Category: Criminal Law | Date: | Hits: 143

Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)

....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...

Category: Criminal Law | Date: | Hits: 132

Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.....................Respondents Judgment April 25, 1989. Result: The Rule is made absolute. Cases Referred to- Zamiruddin Vs. Havas Khan, 21 DLR (SC) 39; Mundra Vs. National and Grindlays Bank , A.I.R. (1963) Calcutta 132. Lawyers Involved: Khalilur Rahman, Advocate—For the Petit......ase is also Reported in: 42 DLR (HCD) (1990) 340...

Category: Labour and Industrial Law | Date: | Hits: 193

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

....tenance of status quo and also issued a notice to show cause why in­junction as prayed for by the appellant should not be granted. 4. The appeal was transferred to the Subordi­nate Judge, Second Commercial Court, Chittagong for disposal. The learned Subordinate Judge dis­missed the plaintiffâ€......ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..

Category: Labour and Industrial Law | Date: | Hits: 179

Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)

....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......owners this action in rem against the ship would not lie. Under the circumstances this suit is liable to be dismissed. In the result, the suit is dismissed but without any order as to cost. The Bank Guarantee will be discharged and be returned to the concerned bank through the learned Advocate...... Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 394

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

....ificate to the buyers under Rule 10 of the BSRS (Direct Sale of Mortgaged Property) Rules, 1981; that the borrower‑Company then filed Title Suit No.328 of 1990 in the Court of Subordinate Judge and Commercial Court No.1, Dhaka and prayed therein for an injunction against the handing over of the mo...... 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian Bank Ltd., AIR 1916 (Patna) 47; Kayasth Trading and Banking Corporation Vs. Sat Narain Singh and oth...... Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian Bank Ltd., AIR 1916 (Patna) 47; Kayasth Trading and Banking Corporation Vs. Sat Narain Singh and others, ..

Category: Company Law | Date: | Hits: 317