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Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......eady surrendered its right over the security. According to the learned Advocate, the Rupali Bank is also estopped from challenging the sale held under Article 34 of the BSRS Order as the Bank knowing fully well about the steps taken by the BSRS for sale of the mortgaged properties had asked for its ......es and Industries Ltd. are from the same judgment and order dated the 28th August, 1991 passed by the learned Company Judge of this Division in Mattter No.9 of 1987 setting aside the sale of the mortgaged properties of M/s Ashraf Jute Mills Ltd. by the Bangladesh Shilpa Rin Sangstha on 17‑1‑90 i..Category: Company Law | Date: | Hits: 317
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......lear that there is no eye‑witness of the occurrence except P.W.1 and his mother P.W.3. Admittedly, the accused persons are also neighbours of P.W.s 1 and one of the accused namely Abdul Aziz is the full brother of P.W.3 who said that the other accused persons are the men of camp of her brother coâ......deceased) is that on the night following 8th Sravan, 1389 BS corresponding to 11.1.87 his maternal uncle victim Abdul Aiiz was sleeping with him on the floor of their westrn bhiti dwelling hut at village Gualikanda under the Durgapur Police Station. He said that his father Abdul Hamid Khan, minor br..Category: Criminal Law | Date: | Hits: 112
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428....... and not binding upon the plaintiff. It has been averred in the plaint that there was a dispute between the plaintiff and his father Mvi. Abdus Sobhan since deceased on one hand and Ataur Rahman, his full‑brother on the other hand over their paternal properties and ultimately the dispute was refer......tors, defendant Nos.1‑6 and deceased Abdus Sattar for an adjudication as per terms embodied in the body of the agreement dated 30.6.79. It has been stated in the plaint that Ataur Rahman who was a wage‑earner in the United Kingdom influenced the defendant No.1 who was the Chairman, that the said..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......executed and registered as early as possible, but in no case later than one month from the date of issue of the latter communicating the acceptance of the tender." The term 11 is: "Non‑fullfilment of obligations envisaged in clauses (6), (7) and, (9) shall lead to cancellation of the ......others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation & others, 40 DLR (AD) 62; Ummu Kawsar Salsabil Vs. Shams C..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414....... His first contention is that the transfer was not made during the period of economic distress, that is the period between 1.4.74 and 31.12.74, as the final talks were held and consideration money in full was paid before 1.4.74. The simple reply of Mr. S R Karmaker the learned Advocate appearing for.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
.... is discharged withÂout any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......eliminary objection, as Mr. Delwar Hossain, learned Assistant Attorney-General has unfailingly done in this Rule as well, that the application itself is not maintainable, because Rule 7 of the Rules (fully quoted earlier) provides an equally efficacious remedy and, as a corollary, it folÂlows that ......the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, inc..
Category: Administrative Law | Date: | Hits: 445
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......ng No.2091, 3 L.M.G. magazines, 35 live cartridges of L.M.G., one 303 Rifle bearing No.38587, one Rifle cieling (fita), 21 round of Rifle ammunition, 2 dagÂgers about 11" in length, 1 military khaki full shirt with Tiger mark in the left arm and one military cap, to the effect that on 11.9.73 at ab......he accused appellant Ibrahim made no confessional statement before any Magistrate. He was at the time of occurrence and at the time of recovery of the alleged arms from his house only 10 years of his age. There is nothing to show that this child of 10 years of age namely IbraÂhim Kazi had a house o..Category: Criminal Law | Date: | Hits: 97
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......een the parties undecided, and sending back the suit on reÂmand for decision thereon, where the lower appellate Court itself could have done it in accordance with law, is to be deprecated and discouraged as it lends to delay the administration of justice and thereby to deÂfeat its purpose. In the ..Category: Property Law | Date: | Hits: 115
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......tion proceeding is not barred under section 48 of the Code of Civil Procedure or under Article 181 of the Limitation Act. From the facts in AIR 1940 Allahbad 151 decision, it is revealed, that a mortgage suit was decreed on the 5th January, 1928 and a final decree under Order 34 rule 5 of the Code o..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......an ejahar with Ramu police station on 27.4.1998 at 16.25 hours alleging, inter alia, that in course of a hot altercation between the appellant Saiful Islam alias Japannya and his nephew the victim Saifullah, the appellant had inflicted a knife blow on his (victim’s) left chest at the courtyard of ......en the appellant Saiful Islam alias Japannya and his nephew the victim Saifullah, the appellant had inflicted a knife blow on his (victim’s) left chest at the courtyard of Mir Kashem (P.W.3) in village Pessardeep south. On hearing the victim’s cry, the informant and some other witnesses, namely,..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......dinary prudence, on receipt of such a note should understand and notice that it is a counterfeit. Since the appellants went to use the counterfeit notes, it would be reasonably presumed that they had full knowledge about the source and counterfeit character of the note. The learned Sessions Judge ri......ts and circumstances held: “There is no evidence of any witness to show that the counterfeit notes were of such a nature or description that a mere look at them would convince any person of average intelligence that it was a counterfeit note. Nor was any such question put to the accused under ..Category: Criminal Law | Date: | Hits: 111
....vas.-
(1).....................................................
(2) A person shall be disqualified for elecÂtion as, or for being, a chairman or an elected Commissioner or for nominaÂtion as a woman Commissioner if—
(a) he is a chairman of a Upazila Parishad;
(aa) he or she is declare......eemed to have been done, which in fact and truth was not done, the Court is entitled and bound to ascertain for what purposes and beÂtween what persons the statutory fiction is to be resorted to and full effect must be given to the statutory fiction and it should be carried to its logical conclusio......deeming clause and referred to the decision reported in AIR 1930 (PC) 54, mentioned above in support thereto. It was a case from Bombay High Court, wherein the BomÂbay Trust Corporation, acted as an agent of a British Company, but the Commissioner of Income-Tax had assessed tax treating the aforesa..
Category: Election Law | Date: | Hits: 391
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ...... the learned counsels for the petitioners and the respondents and considered their submissions. We have also gone through the petitions and the different Annexure and the supplementary affidavits carefully. Since the decision of our apex Court clearly spelt out the provision of section 32 of the Ant...... writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interference by this Division at an initial stage of investigation cannot be supported under law. In this regard the decision of Abdul Hoque Vs. t..Category: Criminal Law | Date: | Hits: 107
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ....... The petitioner's case, in short, areas follows: The petitioner is a director of Messrs Romana Industries Limited (thereinafter referred to as the Company). Respondent No.3 Md. Altaf Uddin is the full brother of the petitioner and Managing Director of the Company. Respondent No.3 by misleading t...... (thereinafter referred to as the Company). Respondent No.3 Md. Altaf Uddin is the full brother of the petitioner and Managing Director of the Company. Respondent No.3 by misleading the petitioner managed to mortgage her properties fully described in the schedule of the plaint of Title Suit No.45 of..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......h the plaintiff has been compelled to file this suit. The plaintiff is in possession of the suit land. 3. Defendant No.1 contested the suit by filing a written statement contending that she is the full younger sister of the propositus Schachuma Magni and as such she inherited the entire share to ......tiff though younger being of the half blood. In support of his contention he has referred to the case of Mr. Kirkwood (a) Ma Thein and others Vs. Maung Sin and others reported in AIR 1938 Rangoon at page 74 wherein it has been held:- "Among relations of the same degree of reÂlationship to the de..Category: Property Law | Date: | Hits: 107
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......e registration of his (Plaintiffs) kabala defendant No.2 executed another kabala in respect of .44 acre of lands out of his purchased lands in favour of defendant No.1 Lehazuddin Talukder, who is his full brother both living in the same house and regisÂtered on 6.6.79 antedating its execution to 9.......rguna, DisÂtrict Patuakhali (now District Barguna). 3. In a nutshell the plaintiffs case is that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lands. He mortgaged 40 acre of land out of the same for 7 years in favour of the plaintiff by what is locally calle..Category: Property Law | Date: | Hits: 82
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......iate provision to be followed for those 6 Union Parishads whose certain areas have been just declared as urban areas, but not yet included within the Sylhet Pourashava under section 4. If we read carefully section 3, it becomes quite clear that as soon as a rural area is declared as urban area, it w......ssion (Annexure H) so far as those relate to Sylhet Pourashava shall not be declared to have been made without lawful authority and are of no leÂgal effect. 2. The petitioner is a resident of village Ghashitala, No.9 Mollargaon Union Parishad, P.S. Kotwali, district Sylhet. He has stated that 6 ..Category: Property Law | Date: | Hits: 108
....lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......ly declared to be a part of the contract of insuÂrance..................that no member who refuses to accept the amount of any loss as settled by the comÂmittee in manner hereinbefore specified, in full satisÂfaction of such loss, shall be entitled to maintain any action at law or suit in equity ......ral Union InÂsurance Co. Ltd., Adamjee Insurance Co. Ltd. and Pakistan General Insurance Co. Ltd. alleging that the appellant had suffered loss due to the alleged acciÂdent, causing considerable damage to the godown and the stocks of loose goods therein. The surveyor apÂpointed by the insurance c..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......e accused alone have murdered the victim or aided some unknown assailants who did away with Akal Miah is a big question in this case to be decided. 12. Let us analyse the evidence a bit more careÂfully so that truth may divulge out. 13. P.W.1 Salama Khatun has stated that acÂcused Rangu and ......in Sarker Vs. The State; Ismail Sarker Vs. The State, 33 DLR 320; Seraj Ali Vs. The State PLD 1968 Dae.158; Allah Rakha Vs. The Slate AIR. 1927 Lah. 658; Shamsuddin Sarkar Vs. The State 11 DLR (SC), page 365. Lawyers Involved: A.K.M. Faiz with Nazrul Haque, Advocates—ÂFor the Appellants. ..Category: Criminal Law | Date: | Hits: 141
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......is Court to make a reference to the Hon’ble Chief Justice with a recommendation for constitution of a larger Bench but the said prayer was refused only on the ground that it was made at a belated stage. Mr. MI Farooqui then submitted that as the matter before this Court involves a question of grea..
Category: Procedural Law | Date: | Hits: 136
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