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Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....cessor of the plaintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in the Court of Munsif (now Assistant Judge) 2nd court at Barisal against the defendant‑opposite party for khas possession by evicting the defendant from the suit hut as described in the schedule t......aintiff petitioner paid rent of the suit land to the government and received dakhilas which are exhibit 8 series but that the defendant opposite party could not produce a piece of dakhila showing his payment of any rent or taxes. Mr. Alam argued that these rent receipts have presumptive value toward......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
....egal effect or such other or further order or orders passed as to this court may seem fit and proper.
2. The petitioner Mr. Zamir Ahmed was posted as Assistant Director, Administration, of the Department of Immigration and Passport of the Head Office at Dhaka and thereafter he was transferred t...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
.... Ahmed, Advocates‑For the Opposite Party No. 1. Civil Revision No. 9596 of 1991. Judgment Syed Amirul Islam J.— This matter arises Out of the following facts: The opposite party Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the Subordinate Judge and Comm......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......arises Out of the following facts: The opposite party Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the Subordinate Judge and Commercial Court No. 3, Khulna, for realisation of loan advanced to the defendant petitioner and the amount due stood at Taka 3, 30, 183.00 with i..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ng shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such ......n such terms as may be just". In this respect there is a sea of decisions enough to puzzle a new swimmer. Rational views among them, therefore, are sunmarised as hereunder: 1. Ordinarily on payment of costs to the other side, a party is allowed to alter or amend his pleadings. 2. Trut......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....ocure evidence against other accused persons when prosecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Mor......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
....Moinul Huq, Advocate—For the Opposite Party Nos. 1 & 2.
Civil Revision No. 3305 of 1992.
Judgment
Mahmudul Amin Choudhury J.— This Rule was issued calling upon opposite parties 1-4 to show-cause why the order dated 23.11.92 passed by the learned Subordinate Judge, 3rd ......he facts of the case the plaintiff pointed out the error which needed rectification and that could be done only by way of review. The error crept in the ordering portion while prescribing the mode of payment without assigning any reason thereof in the body of the judgment. Where nothing was said in ......' schedule property belong to the plaintiff and by selling the property of the plaintiffs' their claims against the defendants cannot be satisfied. He further submits that for security of the loan advanced 'Kha' schedule property was earlier mortgaged with the plaintiff. So, the incl..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....paragraph No. 12 of the petition and asserting that there was large scale rigging in the poll and the same was brought to the notice of the proper authority and the Election Tribunal upon hearing the parties rightly and justly passed the order for recounting and the writ petition has been filed to d...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....ent company would prepare 2000 telephone and 1000 telex bills on an experimental basis within a period of two months by using the computer of the Atomic Energy Commission and the contract between the parties would come into force for a period of 3 years subject to acceptance of those experimental bi......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
....
The appeal is dismissed.
The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161
Liability of a bailee
The liability of the Railway while carrying goods handed over to it by a party is similar to the liability of a bailee. The Railway carries goods delivered to it by a party ......ice upon the defendant No. 2 on 5.10.68 but without any result. The plaintiff also sent a telegram on 12.1.68 to defendant No. 2 for redress of his grievance but no reply came from him. On demand for payment of the dues defendant No. 1 assured co‑operation with the plaintiff for adjustment of the ......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ons upon the witnesses. On 6.9.90, five witnesses for the prosecution filed hazira. The accused Saheb All also filed hazira in Court. The learned Special Judge on hearing the learned Advocate for the parties and on examination of the case record framed accusation (charge) against the accused appella......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....s found all the 15 bales water stained, discoloured, rust stained causing damage to the extent of 30% amounting to loss of Rs. 11,531.70 paisa. Plaintiff No. 2 settled the claim of plaintiff No. 1 on part payment to the extent of Rs. 6,000.00 and got subrogated to the extent of the subrogated amount......nd all the 15 bales water stained, discoloured, rust stained causing damage to the extent of 30% amounting to loss of Rs. 11,531.70 paisa. Plaintiff No. 2 settled the claim of plaintiff No. 1 on part payment to the extent of Rs. 6,000.00 and got subrogated to the extent of the subrogated amount by a......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....ases notices of requisition under section 93A of the Town Improvement Act, 1953 were served in respect of the aforesaid plots of the land on the owners and after verifying the title of the land major part of the compensation was paid at provisional rate to the original owners who are claimed to be a......scheme. According to decision of the revised scheme of Respondent No. 1, the Deputy Commissioner, Dhaka issued notice to the predecessors of the petitioners to refund the amount taken by them as part payment of compensation for the requisitioned land. It is contended by the petitioners that the DIT ......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....and others………………………………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1......ere with the said finding of the court below. In the written statement of the defendant Nos. 2-4 execution of the deed of agreement Ext 1 by defendant No. 1 on their behalf has been admitted but payment of Tk. 1, 00,000.00 by the plaintiff as earnest money to defendant No. 1 under the said agre...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....legal effect, or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts of the case, briefly, are as follows:
The petitioner joined the Police Department as a Constable with effect from 11.1.75 and his constable number was 777. While attached to......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
......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
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....d Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The Rule is made absolute
Cases Referred to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers Vs. Province of East Pakistan and others
L...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....s but defendant No. 2 did neither pay nor signed off and as the result the plaintiff was stranded due to such illegal action of the defendants. Subsequently correspondences were made between the parties for payment of the dues unsuccessfully. For non‑payment of dues Legal Notice demanding pay......rly the monthly wages and as a result huge amount has been accumulated as arrear to his credit. It is further alleged that he was taken down from the Vessel by defendant No. 2 in order to sign off on payment of the dues but defendant No. 2 did neither pay nor signed off and as the result the plainti......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ords transferred the same to the Court of the learned Additional Sessions Judge and Special Tribunal No. 23 Dhaka for trial. The learned Additional Sessions Judge thereafter fixed 25.5.92 for hearing parties in the matter of framing charge and after hearing both the sides framed charge against the s......on of the P.W.s, the defence case as transpired was that no heroin was recovered from their possession as alleged and that because of previous enmity and bad terms with the landlord of the house over payment of house rents this false case was started only to harass the accused appellant. So far accu......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
.... be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing Orders) Act, 1965— It is obligatory on the part of the employer to take into consideration the gravity of misconduct and the previous record of......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....p required) is 10 weather wording days including Friday & holidays. (k) Demurrage will be payable by day direct to owners account at the rate of Taka 60,000 (sixty thousand) only per day and part thereof. Owners will have the right to exercise unconditional lien on the cargo for any outstan...... After which vessel will be ordered to proceed to Mongla as per instruction of the Charterer”. After execution of the agreement the plaintiff received Taka 20,00,000 lac in advance as part payment of the 1st trip. The plaintiff sent MV Queen of Heart with drinking water for the Master and......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....performance of contract being Title Suit No. 555 of 1974 in the Court of 1st Subordinate Judge, Dhaka against Ali Mohammad Khan and the Ministry of Public Works as the defendants which was decreed ex parte on 10.12.76. On execution of the said decree, the petitioner obtained a sale deed executed and......he Ministry of Public Works as the defendants which was decreed ex parte on 10.12.76. On execution of the said decree, the petitioner obtained a sale deed executed and registered through the Court on payment of balance consideration money in Title Execution Case No.10 of 1977 on 10.8.77. The petitio......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. ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
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