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State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)

....ocedure and verified the vouchers of purchase of the said goods submitted before him and found no prima facie case against the accused opposite party who was found to be a bonafide cloth merchant and owner of the goods in question and submitted final report on 10.10.88 under section 173 of the Code ......(SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For the Petitioner. Jamiruddin Sircar with Asaduzzaman and Mir Hashmat Ali, Advocates ‑ For the Opposite Party. Criminal Revision No. 71 of 1990. J......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...

Category: Criminal Law | Date: | Hits: 72

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....pecific reply has been given to the allegations made in paragraph 2 of the petition filed under the said rule 5. In paragraph 5 of the written-objection it has been stated that defendants are not the owners of the said lighterage which was conditionally attached before judgment. It has been further ......dgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Ve......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

....he petitioner instituted Miscellaneous Case No. 1 of 1977 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑empting the land in question on the plea that Bidhyadar Mondal, the owner of the land, sold it to the opposite party Nos. 1‑3 who were strangers to the holding and th...............................................Petitioner Vs. Abdur Rahman Dewan & others........................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda H......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..

Category: Property Law | Date: | Hits: 95

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....or pre‑empting the land was filed on 12.2.85 while the document was registered on 17.11.84. Secondly, he argues that the Courts also fell in error in holding that the petitioner is not a contiguous owner of land of plot No. 460. In assailing this finding the learned Advocate drew my attention to t......eme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Abdul Majid.....................................................Petitioner Vs. Akhil Chandra Sengupta and others....................Opposite Parties. Judgment January 28, 1991. L......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..

Category: Property Law | Date: | Hits: 97

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....reported in 15 DLR 628 has also been cited wherein it has been held that: "possession of a co‑sharer to be considered from three aspects; (1) Among co‑sharers themselves possession of one co‑owner is possession of all, to claim adverse possession in such a case assertion must be notoriously......peditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...

Category: Property Law | Date: | Hits: 71

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....ing the respondent‑company for the rectification of the Share Register of the Members of the company by inserting the name of the petitioner‑corporation in the said register as share‑holder and owner of 11,200 shares after issuing and delivering the Share Certificates in favour of the petition......recting the respondent‑company for the rectification of the Share Register of the Members of the company by inserting the name of the petitioner‑corporation in the said register as share‑holder and owner of 11,200 shares after issuing and delivering the Share Certificates in favour of the peti......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..

Category: Company Law | Date: | Hits: 208

Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....is a cigarette producing Industry of various kinds. On emergence of Bangladesh it was declared as abandoned under PO 16 of 1972 and was placed under Sector Corporation. The petitioner 2, the original owner, was appointed sole Administrator in 1978 who in order to get back the ownership of the indust......ed in: 45 DLR (HCD) (1993) 233. ......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..

Category: Labour and Industrial Law | Date: | Hits: 129

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....ank by their letter dated January 13, 1987. 3. It appears that Bangladesh Bank by their letter dated 11.12.85 addressed to Mr. K Ashrafuddin Ahmed, Taranga Complex, (of which the accused is a co‑owner) 26 DIT Avenue, Motijheel Commercial Area, Dhaka referring to his application dated 14th March......urt Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..

Category: Criminal Law | Date: | Hits: 125

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....essions Judge, however, having had considered the evidence on record modified the order passed by the learned Magistrate and directed the sale of molasses and the salt which were in possession of the owner Belayet Hossain and were found in the godown by the Investigating Officer and to deposit the s....... Judgment AM Mahmudur Rahman J.- This rule is directed against the order dated 23.8.87 passed by the Sessions Judge, Narayanganj in Criminal Revision Case 83 of 1987 setting aside the judgment and order of the Upazila Magistrate, Narayanganj in CR case No.190 of 1987 (Narayanganj PS Case No.1......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..

Category: Criminal Law | Date: | Hits: 64

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....se Rules are disposed of by this judgment as common questions of fact and law are involved in them. 2. Case of the petitioners in Writ Petition No.554 of 1992 is as follows: The petitioners are owners of 19 kathas of lands of CS Plot Nos. 12 and 13 of Mouza Dhanmondi having their two‑storied......s Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..

Category: Property Law | Date: | Hits: 79

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....mercial agency, and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establishment of a person who for the purpose fulfilling a contract with the owner of any commercial establishment or industrial establishment, employees, workers, a unit of a j......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

.....1969 with M/s. Rana Tractors and Equipments Ltd to transfer the suit property but ultimately the said agreement fell through and no further transaction took place and the plaintiff remained absolute owner of the suit property; that after liberation of Bangladesh the defendant No. 1, M/s. Progati In......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ......hether the learned trial Court was justified in holding that the plaintiff had title and possession till he was dispossessed by the defendant No. 1. Admittedly the deceased plaintiff became owner and possessor of the suit property as, per deed of agreement for lease dated 25.1.1956 Ext. 1 on payment..

Category: Property Law | Date: | Hits: 69

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

.... are followed in compliance of the provision of the lease deed and the provision of law as well, then and then only property shall vest wholly in the lessor whereupon the lessor shall be the absolute owner of the property but in the instant case there being no substantial compliance of clauses 27 an......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..

Category: Property Law | Date: | Hits: 87

Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)

....ahurul did never claim any title in the suit land on the basis of auction purchase and Sunu Morol's 1/3 rd shares of his own and 1/6th shares which he purchased from his sis­ter's sons and he became owner in posses­sion of 1/2 share. Then he transferred 6.80 acres of land. Shukjan died leaving her......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others .....................................................................................Peti......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..

Category: Property Law | Date: | Hits: 69

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....cts present a common question on the law of landlord and tenant. In order to make the question clear it is necessary to make a brief statement of facts. 2. One al‑haj Mohammad Ashraf Ali was the owner of certain premises. The petitioner came to occupy the same as a tenant under him at a monthly......ent: Bimalendu Bikash Roy Choudhury J M/s. Golden Biscuit Co.....................Petitioner Vs. AL‑Haj Rafique Mia...................Opposite Party (In Civil Revision No.674 of 1990) and Al‑Haj Mir Jahan ....................Opposite Party (In Civil Revision No. 675 of 1990) ......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181...

Category: Property Law | Date: | Hits: 78

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....d, Kushtia town about 9/10 months before the date of occurrence. He used to come occasionally to his residence and sometimes used to pass night in the house of the proprietor. One Firoj Karim was the owner of the FK Jewellers and accused Farid Karim was his step‑brother and they used to live toget......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..

Category: Criminal Law | Date: | Hits: 84

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

....e of the plaintiff‑petitioner that the disputed holding covered by CS Khatian No.219 of Mymensingh town belonged to one Azit Sheikh who died leaving a son Newaz Ali and four daughters. The original owner sold the suit‑holding by kabala dated 20.6.42 to one Hiran Prava Sarker and Lakshmi Bala Deb......LR (HCD) (1993) 164. ...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..

Category: Procedural Law | Date: | Hits: 94

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....jbari for specific performance of a contract for sale of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in t......d Ansar Ali J Moyezuddin Mondal...............Petitioner Vs. Bena Rani Das & others.................Opposite Parties Judgment January 14, 1992. Cases Referred To- MA Jahangir and others Vs. Abdul Hakk and others, 41 DLR page 389; Kanda and others Vs. Waghu, 3 DLR (PC) 310; F......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..

Category: Procedural Law | Date: | Hits: 76

Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)

....s. The respondent No. 1 union was illegally constituted with workers drawn from each of the three establishments not employed by any single establishment or any group of establishments under the same ownership or management and the Registrar of Trade Unions, Rajshahi Division, Rajshahi illegally reg......Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Naogaon Chitrabani Ltd. a limited liability Co. & others……….........Petitioners Vs. Naogaon Cinema Hall Sramajibi Union and another.....................Respondents. Judgment June 26, 1990. Lawyers Involved: K......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....%; that the plaintiff further learnt that the defendant No. 2 had filed Title Suit No. 417 of 1982 in the 3rd Court of Subordinate Judge, Dhaka against defendant No. 1 for declaration that he was the owner of 8.00 annas share of the suit property and that the Memo dated 19.8.82 issued by the DIT dir......rt Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 19......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..

Category: Civil Law | Date: | Hits: 92