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Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....mine any claim arising out of any agreement relating to the carriage of goods in ship". 15. This observation appears to me that the Appellate Division has noticed with reference to the facts of that case the change of Admiralty law in England. In that decision I do not find anything t...... 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 ......nged to the defendant No.1 or the same owner or that the defendant No.1 exercises full control and management over m.v. CHERRY ORIENT, these need not be answered at this stage without going into full evidence which may he led by the parties to substantiate their respective case in this regard. Moreo..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....o.96 dated 11.9.83. This view also finds support in the case of Ashwini Kumar Karmakar and others Vs. Hari Mohan and others reported in 36 Dhaka Law Reports (A.D) page 1. 9. Having regard to the facts, circumstances and in view of the discussions and provisions of law as noted above the said po....... 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...... rejected the prayer of the plaintiff for amendment of the plaint introducing a new story of his claim, but by the said order the Court permitted the plaintiff to introduce the said story in his evidence. Accordingly on 12.9.83 in the deposition on recall the plaintiff introduced in his deposit..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....1983 it also appears to me that their mark is not similar and identical with the mark of the plaintiff. 11. In view of the above discussions I had that the learned Judge was not justified in the facts of the case to grant temporary injunction to restrain the defendants from using their mar......ted in: 38 DLR (HCD) (1986) 135. ......njunction to restrain the defendants from using their marks till the disposal of the suit. It is appropriate to state in this connection that the court before deciding the suit should enter into evidence as to misleading and deception if adduced by the parties so as to come to a definite findin..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Industries and others.……..Respondents Judgment January 15, 1985. Resu......red into, it cannot obviously enforce it." In Rossiter Vs. Miller 1878, 3 A.C. 1124 Lord Blackburn stated: “It is a matter to be taken into account in construing the evidence and determining whether the parties have really come to a final agreement or not." ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....ywhere in the special Statute for granting a relief to the aggrieved party which is required for the ends of justice, he is to follow the procedure laid down in the Civil Procedure Code. So where the facts and circumstances demand that some sort of incidental order is necessary for the ends of justi......ision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Resul......tion to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall after giving the contesting candidates an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit. (3) Save as provid..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....ring with the administration of the justice by putting various pressures on Mr. A.K.M. Zulfiquer Ali, Munsif-Magistrate, Chilmari Upazilla, Kurigram. The Rule was issued on the basis of the following facts which were brought to the notice of this Court on a reference made by the learned District and...... 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......hension of the Munsif-Magistrate that the contemner U.N.O. was organising hooligans to assault him after issuance of the Rule in Criminal Misc. Case No.24 of 1984 has been substantiated by any cogent evidence or circumstance on record. It remains only an apprehension and no conviction can be based o..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......) Present: Mustafa Kamal J Md. Abdul Wahab J The State...........................................Petitioner Vs. Mosammat Mallika Khatun...................Respondent and Mosammat Mallika Khatun...................Petitioner Vs. The State.....................ence suggestion that he murdered his brother Abdur Rashid. 6. P.W.2 Kabiran Nessa is the mother of deceased Abdur Rashid. The condemned prisoner was her daughter-in-law. P.W.2 stated in her evidence that the occurrence took place on the 10th Chaitra, 1388 B.S. at about 2'00. A.M. They ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......rate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove......trate by whom it purports to be signed. Statements recorded under section 164 Cr.P.C therefore, need not be formally proved…………….(9) To admit a confession into evidence as a proved document, two requirements are - (1) that it was taken in accordance with ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..........................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Involved: Azizul Haque—For the Appe......e confession Ext.4 in that it was not recorded by P.W.5 M. A. Salam after explaining to the maker of it that she was not bound to make a confession and that if she made a confession it may be used as evidence against her. 11. We have looked into the original confession Ext.4 and we find that it..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
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 ...... a dacoit and a hijacker. 3. 15 witnesses were produced before the Sessions Court out of whom three were tendered and one was declared hostile. The learned Sessions Judge on consideration of the evidence found the charge to have been proved against all the accused appellants and accordingly the..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....Appeal No. 43 of 1983. Judgment Fazle Munim CJ.— This review petition is against the judgment and order of this Court in Civil Appeal No. 43 of 1983. 2. In brief, the facts of the case are that the Sonali Bank, respondent No. 1, obtained a decree in Title Suit No. 2......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......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
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....gly in this judgment we refrain from touching the factual aspects of the case. 2. Leave was granted to consider the scope of Order 18, rule 17 of the Code of Civil Procedure in the context of facts and circumstances of the case which may be noticed in passing. The suit was filed on 31.8.197......ed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Pro......round the plaintiff filed an application for recalling of his re-examination on 4.8.83. On previous occasion two more witnesses of the plaintiff were examined after the closure of the plaintiff's evidence notwithstanding the unsuccessful objection of the defence, and the High Court Division in..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......ab………………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momt...... the defendant No. 1 has not been able to prove by independent witnesses that the plaintiff Nos. 2 and 3 who are pardanashin ladies executed the alleged disputed documents. He could not rely upon the evidence of D W.5 and 6 who are brothers. Being dissatisfied with the Judgment and decree as aforesa..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....Advocate of the petitioner did not make any such submission before him. Moreover, the learned Advocate of the petitioner was taking step to get both the cases tried together. Upon the above facts it is alleged that the petitioner has reasonable apprehension that the prosecution may not get......ood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the informant, being seriously injured died and the F.I.R. was ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
.... 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 the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own ......s also Reported in: 37 DLR (HCD) (1985) 49. ......n. It was also stated that the suit is not maintainable in the present form as no consequential relief was prayed. The learned Munsif upon a threadbare discussion of all the oral and documentary evidence found that the defendant No.1 was not the adopted son of Sri Kanta and that defendant No.1 ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....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. ......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......9;s story the deed of sale and the deed of agreement of reconveyance were executed on the same baithak. P.W.4 Barada Charan Baidya is the scribe of the undisputed deed of sale which was admitted into evidence as Ext. A(1). P.W.3 Ahmed Meah and Abdul Jalil were attesting witnesses in the kabala. Abdu..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......a, rent receipts. S.A. record and other documents while the defendant No.18 produced the power of attorney and defendants 12 to 17 produced some rent receipts. Both sides also produced oral evidence regarding their respective claim of possession. 5. The learned Munsif in consideration..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ed to appear before the Court. since neither the Upazilla Magistrate nor the Ex-Officio Sessions Judge asked the accused to appear before the trial court on any particular date including 23-1-S3 and subsequent dates nor directed the sureties to produce the accused on any such date, there was no......the trial of the accused appellant in his absence without complying with the provisions of section 339B Cr.P.C. Lest the parties are prejudiced, we refrain from entering into a discussion of the evidence on record at this stage as the trial of the accused appellant in his absence having been he..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....t is quite natural that a person having had to experience the onslaught and ordeal of robbery in the manner described above would feel sick and require some time to overcome the nervous shock. In the facts and circumstances of the case, it cannot be said that the delay is inordinate or fatal for the...... 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......of the offence. It is settled principle of law that if a witness deposes in Court regarding the identification of the accused as the doer of the criminal act, then this piece of substantive evidence can be corroborated by his evidence of test identification parade. The substantive evi..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....e of contract the main issue to be decided in the suit whether there was an agreement between the parties to the agreement and the petitioner is not bound to make any body a party in the suit. In the facts and circumstances of the case the petitioner himself, to safe-guard his right, title and inter......ed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petition...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
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