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.... is no denial of the fact on the mortgage of 'Kha' schedule property with the plaintiff and the leasing out of the machineries to them on rental basis.
10. Now with this back drop of the facts let us find out whether the trial Court has committed any error or there is any accidental sli......Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Mahfuzur Rahman J
Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1......the machineries were leased out to the defendants for installation on rental basis which has also not been denied by the defendants in their written statement. The defendants, it appears adduced oral evidence before the trial Court and there is no denial of the fact on the mortgage of 'Kha' ..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....d it appears that the regular permission of the court after giving due notice to the other side was not given to the plaintiffs and as a result this is an inherent defect of the suit. Considering the facts and circumstances of the case, we are of the view that this is not a fit case where we should ...... ......graph Rules and from the date of order within one year the suit ought to have been filed. But the present suit was filed long after one year and that is why the suit is barred by limitation. It is in evidence that after receipt of the order from the Deputy Commissioner the defendant No. 1 made const..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....n Magistrate, District Magistrate or Sub‑divisional Magistrate and any other Magistrate specially empowered in this behalf, may take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence; (b) upon a report in writing of such facts made by any pol...... also Reported in: 46 DLR (HCD) (1994) 140. ......d affect the proceeding in a Court or prevent the Court from taking cognizance of the offence under clause (a) or (b) of section 190(1) of the Code of Criminal Procedure or to assess the value of the evidence placed before it in the absence of clear enactment, expressed or implied, preventing the Co..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... 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 ......l Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Redwan Ahmed.................................Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule......rs. Election Tribunal by order dated 21.5.91 called for the election materials and by order dated 6.6.91 decided that prayer for recounting of the ballot papers will be considered after recording the evidence of the witnesses. The petitioner produced and examined 50 witnesses and the respondent..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....nate Judge without receipt of any order of stay and similarly the arbitrators having received no such stay order and ultimately the Rule having been discharged by the Division Bench, we find that the facts of the instant case are quite different from those of the two cases referred to by the learned......ed in: 46 DLR (HCD) (1994) 122. ......kalch and G.Shah and others reported in 53 CWN 828. In this case a Division Bench held that the arbitrators may be right or they may be wrong but they are entitled to come to a conclusion if there is evidence or if there is material on which they can determine the matter. But in the absence of any e..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....t of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The facts given out in the application, in brief, are as follows: The petitioner was appointed to t......tion) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, President Secretariat and others...........Respondents Judgment January 16, 1994....... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....tness was examined on behalf of the defendant No. 5. Contesting defendant Nos. 2-4 did not examine any witness to support their contention.
7. The learned Subordinate Judge after considering the facts and circumstances of the case and evidence on record decreed the suit on contest with costs ag......dul Amin Choudhury J
Mahfuzur Rahman J
Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board.............................Appellant
Vs.
Commerce Bank Ltd. and Others...............Respondents
Judgment
January 13, 1994.
Result:
The appe......ndant No. 5. Contesting defendant Nos. 2-4 did not examine any witness to support their contention.
7. The learned Subordinate Judge after considering the facts and circumstances of the case and evidence on record decreed the suit on contest with costs against the defendant Nos. 2‑4 with inte..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....g an abandoned property within the meaning of President's Order No.16 of 1972 and no notice having been served upon him treating the disputed property as an abandoned property and in the peculiar facts and circumstances of this particular case that the petitioner having no means of knowing about......ul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another……………………………&......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....tion of the Criminal Law (Amendment) Act, 1958 it appears that: "Notwithstanding anything contained in this Act the Special Judge may convict any accused of any offence which from the facts admitted or proved he appears to have committed." As has been stated above this appe......ip;……Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR 514; District Council, Kushlia Vs. Abdul Ghani, 22 DLR 217; Md. Rezzaqu......ppeared before the Court and on his prayer he was granted fresh bail by the learned Special Judge. The learned Sessions judge‑in‑charge and Special Judge fixed 21.8.90 for accusation and also for evidence and accordingly passed order for issuance of summons upon the prosecution witness No. 1. On..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....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
......(1994) 23
...... deposed to corroborate the same nor the log book of the ship was produced to show that such weather condition and consequent damage to the cargo was noted in the log book. In the absence of any such evidence simply because captain of the ship had sworn protest note before the Notary Public the said..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
.....
2. Though the petitioners in the above three Writ Petitions are different the lands under requisition claimed by the petitioners appertain to the same mouza Joar Shahara No. JL No. 271 and the facts stated in all the three Writ Petitions being same and similar and the question of law involved......
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……………………………&h......y of the map alleged to have been prepared by DIT. These maps and papers having not been produced earlier in any Court or authority, cannot be taken as a proof of the claim of the petitioners without evidence. The learned Counsel next submitted that the land was requisitioned in the year 1961‑62 a..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....ars from application dated 29.1.86 for permission to sell. 670 Ajutangsha of land of the suit plot permission was sought to sell the same at Tk. 56,000.00 without naming the buyer. Relying upon these facts the learned Advocate for the respondent strenuously argued that since the defendant No.1 got h......uddin Sarker J Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. N......produced and proved documents marked Exts.1-9 and the defendant Nos. 2-4 examined defendant No.1 as D.W.1 in support of their respective case. 5. Court below decreed the suit on consideration of evidence on record holding that the defendant No.1 executed the agreement Ext.1 for herself and on b..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....39; shall not be declared to have been passed without lawful authority and is of no 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 Co......rim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
November 10, 1993.
Result:
The R......petitioner's case was thus unjustly discriminated from that of the constable No. C-199 Abdus Salam. It is also submitted that in the departmental proceedings against the petitioner practically no evidence was recorded and instead only some witnesses were examined under section 161 CrPC..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
..... The petitioner however, did not submit any claim or objection on receipt of the notice under section 6 of the Ordinance as to ascertain the quantum of his land affected in the plots or reported any facts before the land acquisition staff at the time of joint verification in the field on 24.5.1986â......riginal Jurisdiction)
Present:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September ...... 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)
....ise because of the expression "Except as otherwise provided employed" in the aforesaid passage. 3. Accordingly, this application is rejected. No order as to costs. However, in the facts and circumstance of this case, I direct the parties to take necessary step for djsposal of the......eme Court High Court Division (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J Captain I Z A S A Chowdhury..................Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: ......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
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......d in: 46 DLR (HCD) (1994) 90.
......ed several papers and documents which have been marked as Exts.1 to 20 (a). The documents and papers filed by the objector‑appellant were marked as Exts. A to Exi. O. After considering the material evidence on record and hearing the parties the learned District Judge passed the judgment on 27th Ju..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
.... house of the said accused to do her usual work. So her involvement in the case was absolutely false. 4. The learned Additional Sessions Judge on consideration of the materials on record and the facts and circumstances of the case was pleased to find accused‑appellant Ashok Kumar Saha guilty ......pondent Judgment September 2, 1993. Result: T he appeal is allowed. Cases Referred to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 BCR (AD) 370; Panchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. St......‘appellant Ashok Kumar Saha guilty under the aforesaid charge and convicted and sentenced him as stated above, but acquitted accused Parvin Begum, as the charge was not proved against her by reliable evidence and accordingly passed the impugned judgment and order. 5. Being aggrieved by the same..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....and the order of dismissal from service was passed by the authority after consideration of the enquiry upon. The last point submitted by the learned Advocate for the petitioner to the effect that the facts and circumstances of another case being Complaint Case No. 36 of 1990 has been mixed up togeth......: Habibur Rahman Khan J Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is mad......afa Miah a Rule Nisi was issued calling upon the respondents to show cause as to why the decision and order dated 11. 11.91 passed by the First Labour Court, Dhaka in complaint case No. 37 of 1990 as evidenced by Annexure‑'L' to the petition moved in Court today, should not be declared to ..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)
.... AM Mahmudur Rahman J. — This application is by the defendants 1 and 2 for rejection of the plaint for want of cause of action. The application is resisted by the plaintiff. 2. The short facts necessary for disposal of this application are: The plaintiff is the owner of the lighter...... Jurisdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes………………………Defendants Ju......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)
....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. ......hellip;....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5......in (b) to section 5(1) of Ordinance No. 54 of 1985 but by section 5(2) of the said Ordinance it has been provided that the list published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in t..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
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