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Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)

....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......(1984) (HCD) 78 ......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..

Category: Property Law | Date: 23 Mar, 1983 | Hits: 3

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....one of the Calcutta High Court Tayefa Khatun Choudhurani Vs. Sornadhan K. Sen Rai reported in 53 (1931) Calcutta Law Journal at page 512 and another, of the Appellate Division of the Supreme Court of Bangladesh, Nirode Baran Vs. Devendra Mohan reported in B.C.R. 309 (AD) in support of his contention......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal......Bench) (Civil Appellate Jurisdiction) Present: M. S. Ali J Md. Shahadat Hossain & others………………………Appellant Vs. Kohiladdi Shaikh & others…………………&helli......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)

.... under any circumstances. With this warning the contemner is let-off. This Rule is disposed of accordingly. 4. Let a copy of this order be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) ......shy;take is taken by the contemner, but it is diffi­cult to accept such plea because of the fact that the act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the ...... SM Husain J Amin-ur Rahman Khan J The State…………………………………………State Vs. Mr. M.A. Wadud………………………&hell......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ..

Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......………………………………………State Judgment March 8, 1983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unpro...... Present: Mohammad Husain J Amin-Ur-Rahman Khan J Sudhir & 5 others………………………………Appellants Vs. The State…………………………&h......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....ecial Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: ...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt......ourt Division (Special Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 1......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....g other concerns "banking company" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and its branches were included within the definition of the......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"......mmed Habibur Rahman J Mustafa Kamal J The State………………………………………State-Appellant Vs. Abdul Awal…………………………&......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

.... Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………………&h...... is also Reported in: 3 BLD (HCD) (1983) 284. ......ional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………&he......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

....3 and 65 of 1982 are allowed without any order as to costs. (2) Order of appointment of Receiver by the High Court as affirmed by the High Court Division is set aside. (3) All receipts from Bangladesh Water Development Board and/or its agencies will be credited in the Bank accounts, namely......te Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent Judgment...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

......(7) Cases Referred to- Upendra Chandra Roy Vs. Jonab Ali, 29 DLR (Dacca) 1977 at page 229; Bandar Ali Halder Vs. Kalu Halder and others; Mohar Ali Mondal Vs. Shahabuddin Mia at page 27, 1 Bangladesh Case Report (1981). Lawyers Involved: Abdul Mannan Khan, Advocate— For th......e is also Reported in: 3 BLD (HCD) (1983) 99.     ...... (Civil Revisional Jurisdiction) Present: Latifur Rahman J Ramesh Chandra Barman & others……………………Pe­titioners Vs. Naresh Chandra Barman & others…………………&......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not consti­tute an offence under Section 272 of the Pe­nal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a par­ticular person or ......visional Jurisdiction) Present: Syed Muhammad Husain J Amin-Ur-Rahman Khan J Mohammad Nazrul Islam……………………Petitioner Vs. The State…………………………&h......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......t sought to be tried by a different Tribunal. Nor is he be­ing tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neit......Habibur Rahman J Mustafa Kamal J Nurul Islam…………………………………………Petitioner Vs. The State…………………………&h......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......lip;.Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advoca......ate Jurisdiction) Present: MH Rahman J Sufia Khatun & others…………………………………Appellants Vs. Ijsharani Karmakar & others…………………&hel......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Res­pondents Judgment January 27, 19...... Chowdhury J Sultan Hossain Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Res­pondents ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....82.         ......p;……………………Respondent Judgment June 15, 1982. Result: These Appeals are dismissed. Cases Referred to- Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ......ate Jurisdiction) Present: Abdul Wadud Chowdhury J M.H. Rahman J Bangladesh House Building Fin­ance Corporation………………Appellant Vs. M/S Moinuddin Akhtaruddin Chowdhury…………………......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

.... at Chittagong from the Tag Master is the Tag's agent in Singapore; (iv) Acknowledgement receipt duly signed by the plaintiffs upon receipt of the vessel in afloat condition at Chittagong in Bangladesh to be attached along with the documents required for negotiation of the letter of Credit.......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ......l Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgm......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......D) (1982) 345; 3 BLD (HCD) (1983)149     ...... High Court Division (Civil Original Jurisdiction) Present: M.H. Rahman  J United Planters and Traders Limited and Another…………Petitioners Vs. Md. Mosharraf Hossain Knan & Others………………&hel......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Ab­dul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&......tion) Present: Mohammad Habibur Rahman J Mustafa Kamal J Abdul Quddus & Another…………………………Appellant Vs. The State…………………………&h......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... that no trust was created by the will or that it was void. Mr. Halder pointed out that the amended section of section I of the Trust Act which runs as follows:- "It extends to the whole of Bangladesh. But nothing herein contained affects the rules of Muhammadan Law as to waqf, or the mutu......ip;…..Res­pondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th......adhir Sen J Sultan Hossain Khan J Narendralal Chowdhury & others…………………………………Appellants Vs. Bimal Kanti Chowdhury & others…………………&...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)

.... Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ......M/S Brestern Shipping Company Ltd. & others…………………Defendants Judgment April 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- ......: M.H. Rahman J Albert David (Bangladesh) Ltd…………………………………………..Plaintiff Vs. M/S Brestern Shipping Company Ltd. & others……………&hel...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ..

Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7

Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)

....(1982) 362, 3 BLD (HCD) (1983) 3.       .................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment April 29, 1982 Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- ......t High Court Division (Admiralty Jurisdiction) Present: M.H. Rahman J Albert David (Bangladesh) Ltd.…………..…..................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment ...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3.       ..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7