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Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....Chittagong the plaintiff would have nothing within the jurisdiction of this Court to recover the loss suffered by him. Except the ship m. v. CHERRY ORIENT, the defendant No.1 has no other property in Bangladesh from which the claim of the plaintiff could be satisfied. On that application this C......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......llah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the carg......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)

.....98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ......cted against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. T...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..

Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

.....C. They also drew our attention to the Establishment Division Notification No.ED/FA-52/82-466 dated 8.9.82 investing U/S. 29C of the Code of Criminal Procedure all Additional District Magistrates of Bangladesh with powers to try as Magistrate all offences not punishable with death or with transport......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......th the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by the accused pe......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... before us Notification No. JAIV/19/83-956 dated 10-11-83 and Notification No.JAIV/19/83-956 dated 10-11-83, both issued by the Ministry of Establishment and Re-organisation of the Government of Bangladesh. The first Notification vests the Munsif-Magistrate Mr. K.M. Zulfiquer Ali, Chilmari, Ran...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... Criminal Misc. Case No.24 of 1984 the contemner Mr. Abdul Karim Sarker, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pres...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....nysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......ision of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be immediately released…………(17) Lawyers Involved: T.H. K......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)

....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......rmani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..

Category: Property Law | Date: 31 Jul, 1984 | Hits: 2

Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)

.... allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 120; Badruddin Khan Vs. Bangladesh and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmal......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......llant. A. K. M. Shafiqur Rahman—For the Respondent. Appeal from Original Decree No. 124 of 1972. Judgment Md. Altaf Hossain J. - This Second Appeal arises out of a suit for specific performance of contract. 2. Dula Meah, appellant since deceased and substituted by......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)

....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......ntiffs purchased the said lands by 9 kabalas. Since their purchases the plaintiffs have been in possession of the said land on regular payment of rents by setting up a milk producing Cooperative Society and by growing Khasari, Kalai and other fodders. The defendants having no title or possessio......t Judge, Pabna in O.C. Appeal No.63 of 1977 reversing the judgment and decree passed by the Munsif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' posse......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....d order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No.287 of 1981 (Trial S.C. No.78 of 1982) convicting the accused appellant under section 392 of the Bangladesh Penal Code and sentencing him to suffer R.I. for 7 years and to pay a fine of Tk. 1000/- ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......te.....................................................Respondent Judgment July 12, 1984. Result: The appeal is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the s......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6

Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)

....de of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; Unimarine S.A. Panama Vs. Bangladesh, 31 DLR(AD) 112; Haji Mohammudin & Company Vs. The Eastern Japan Trading Company (192......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......hellip;…………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civi......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..

Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

....r No.34 of 1982 before the Court on 22.11.82 for condonation of delay in holding the annual general meetings. The admission of Matter No.34/82 was however advertised in the newspapers and in the Bangladesh Gazette and it was open to the petitioner to oppose this application or to put forward hi...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......tive Nos.81 to 100 and included in one Share Certificate being No.005. The Instrument of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate No.005 for registration. Although the transfer was duly accorded by the Board of Directors in its meeting h...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....dgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......2. Facts in short are that G.M. Ali Baksha, Headmaster of Agarghata High School P.S. Paikgachha, District Khulna as sole plaintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High Schoo...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)

....d between two students on one side and Serang and his clerk alongwith the Ansars who were on duty on the other side. After lodging the F.I.R. a case was started under sections 342/324/365/367/323/326 Bangladesh Penal Code being Daulatpur P.S. Case No.35 dated 27.9.83 corresponding to G.R. Case No.10......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......ve the complainant's father who was scheduled to come on 26.9.83 at 7 PM. They went to launch Ghat but they did not find complainant's father in the launch. In the meantime the launch started for Khulna. Aforesaid Akramuzzaman and Mizanur Rahman requested the Serang to stop the launch a......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ..

Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1

Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)

.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......ed 26.7.74 passed by the Additional District Judge Khulna reversing those passed by the learned Munsif Second Court Bagerhat on 25.9.72 in Title Suit No. 716 of 196. 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and pra...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..

Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4

M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

....wdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Haque Brothers (Carbide) Ltd. ...............Petitioner (In both the cases) Vs. Bangladesh Shilpa Rin Sangstha & others. .........Respondents (In both the cases) Judgment...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in future against the writer in deciding the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter is written �...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....16.7.77 appear anywhere. The only date that is written at the bottom of the first page of the two page agreement Ext. 2 is 25th July, 1977). The plaintiff who is the Deputy Chief Mechanical Engineer, Bangladesh Railway Chittagong took House Building loan from the Railway Deptt. for payment of the ba......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......0/- to be deposited by the plaintiff in the Trial Court within 11 days of the judgment on the failure of which the plaintiff may get the kabala executed and registered through court. 2. The case for the plaintiff Shirish Chandra Das is that the suit land measuring.08 sataks (4 gandas) (as demar......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)

.... Procedure Code. According to him no interference is required to be made in the order of learned Sessions Judge. 6. It appears that an application was made before the then Prime Minister of Bangladesh on 3-5-73 alleging that four persons were kidnapped by the petitioners on 13-1-73 fr......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......on 13.1.73 at about 4 P.M. four persons were kidnapped by the petitioners from Sobuj Sanga Club of Noahata Union, under Mohammadpur P.S. Jessore and another person was taken on the nextday at 10 a.m. for interrogation by petitioner No.14. All these five persons were untraced and as they were ki......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..

Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3

Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

....ite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswas and ors, 32 DLR (AD) 233; Abu Bakkar Vs. Nasir Ahmed, 34 DLR (...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......5(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties ...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..

Category: Property Law | Date: 6 Mar, 1984 | Hits: 119

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

....ult: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafiqur Rahman with...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......suit in 1964. At the time of filing Execution Case Nos.4 of 1967 the addresses of judgment debtor Nos.1 to 4 have also been shown to be in India. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the decree-holder appellant also frankly concedes that the judgment debtors No.1 to 4 are Indian...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)

....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......ed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. 2. Late Poet Jasimuddin as plaintiff instituted Title Suit No.4 of 1974 against the opposite party as defendant before the Sadar Munsif, Faridpur praying for a decree of ejectment from the suit premises. During the......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..

Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1

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