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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...... 2 All ER, 274 (277).  Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Moham­mad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ...... High Court Division (Dhaka Bench) (Admiralty Jurisdiction) Present: Sultan Hossain Khan J Kings Shipping Tra­ding Co.................................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgme......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....... Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Involved S. C. Da...... High Court Division (Chittagong Bench) (Civil Revisional Jurisdiction) Present: Syed Mohammed Ali J Ranjit Kumar Rakshit....................................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10...... 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

Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)

....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ......ted in: 38 DLR (HCD) (1986) 135.   ......risdiction) Present: Sultan Hossain Khan J Anath Bandhu Saha & others…………………….…………Appellant Vs. M/S. Premier Soap Co. Ltd……………………&h......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ..

Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7

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......sp; ......isional Jurisdiction) (Chittagong Bench) Present: F. H. Mohammed Habibur Rahman J Md. Abdul Jalil J Abu Taher and others......................................Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment D......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...... The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe......on (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J The State..................................................Appellant Vs. Abdul Karim Sarkar....................................Respondent Judgment Novembe...... 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

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

.... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. .......Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Waz......urt High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment ...... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)

....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97.     ......th of one Sati Rani Basak, wife of absconding accused Biswanath Basak of 502/2 Gurkhal Doctor Lane Patherghata, Chittagong infor­mant Assistant Sub-Inspector Md. Abdul Aziz went to the said place and found the dead body of Sati Rani Basak lying in the bath-room and interrogated the inmates of th...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment October 2......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97.     ..

Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ...... Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. with Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment ......t High Court Division (Criminal Revisional Jurisdiction) Present: S. Muhammad Hussain J Amin-Ur Rahman Khan J Tayeb Ali & others. ...................Appellants Vs. State......................................Opposite parties Judgment Aug 29, 1984......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ..

Category: Criminal Law | Date: 29 Aug, 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......amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Dis­posal) Order, 1972 (President’s Order No. 16 of 19......adrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment ......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. ......s also Reported in: 37 DLR (HCD) (1985) 49. ...... High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Amin-Ur-Rahman Khan J Bipin Chandra Ray...................................Petitioner Vs. Bunchuki Barmani.............................Opposite-Party Judgment July 31, 198......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......rahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is 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) 1......h Court Division (Chittagong Bench) (Original Appellate Jurisdiction) Present: Md. Altaf Hossain J Dula Meah....................................................Appellant Vs. Md. Ibrahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24,......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.     ...... Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 1979. Judgment Amin-Ur-Rahman Khan J. - This appeal by the plaintiffs is directed against the judgment and decree passed by the Additional District Judge, Pabna in O.C. Appeal No.63 of 1977 reversing the......upreme Court High Court Division (Rangpur Bench) (Civil Appellate Jurisdiction) Present: Amin-Ur-Rahman Khan J Bazlur Rahman..............................Appellant Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. ......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/- ...... former state­ment of a witness may be proved to corro­borate his later testimony as to the same fact. It is based on the principle that if there is consistency between the previous statement and the present testimony of a witness; it may be considered a ground for believing him…&hell......ivision (Jessore Bench) (Criminal Appellate Jurisdiction) Present: A. Matin Khan Chowdhury J M. S. Ali J Tota @ Tofayzel Hossain...........................Appellant Vs. State.....................................................Respondent Judgment Jul......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

Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)

..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351         ......uya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs. Movi. Salek (1968), 20 DLR 489. Lawyers Involved: Md. Anser Ali with Abdul Majid-For the petitioners. B.N. Chowdhury with P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment ......ivision (Civil Revisional Jurisdiction) Present: Amin Ur Rahmnn Khan J Azizur Rahman & others...…………………..Defdt-Petitioner Vs. Jugal Kishori Sarkar & others.............Plaintiff-Opposite Party Judgment J....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351         ..

Category: Family Law | Date: 20 Jun, 1984 | Hits: 2

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......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp......vil Revisional Jurisdiction) Present: F. H. M. Habibur Rahman J S. Mohammad Ali J Eastern Maritime & Trading Corpora­tion...…………Appellant Vs. Sea Trade & Cons­truction Limited....……………&helli......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

Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)

....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312     ......man Khatoon & others……………….Respondents Judgment June 9, 1984. Result: The appeal is dismissed. Cases Referred to- Md. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gl......High Court Division (Civil Appellate Jurisdiction) Present: Md. Altaf Hossain J Abdul Quddus……………………….Appellant Vs. Anjuman Khatoon & others……………….Respondents ......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312     ..

Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4

Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)

....are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306     ......e is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes a bal...... High Court Division (Civil Revisions Jurisdiction) Present: F.H.M. Habibur Rah­man J S. Mohammad Ali J Abdul Jaher.......................................Petitioner Vs. Abdul Kader & others...........................Opposite parties Jugdment May ......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306     ..

Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2

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......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (......upreme Court High Court Division (Dhaka Bench) (Civil Original Jurisdiction) Present: Mustafa Kamal J Motiur Rahman......................................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, ...... 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 ......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ...... High Court Division (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12,...... 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...... State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by the Sessions Judge Khulna should not be set aside...... A.M. Khan Chowdhury J M.S. Ali J Rafiqul Islam & others……………………………………Petitioners Vs. Md. Abdul Hoque & another…………………&helli......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

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