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Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
........Appellants Vs. Md. Yasin Abdul Aziz and others..................Respondents Judgment June 28, 1989 Result: The appeal is dismissed. Cases Referred to- Maharaja Bhupendra Chandra Singha Sarma and other Vs. Sudhindra Ch. Singha and ors, 5 DLR 142; Mst. Ghulam Ilahi Vs. Muh...... rent for 1.16 acre of land of Khatian No.48 of Mouza Jatrabari by defendant No.1 Lal Banoo and her husÂband defendant No.20 Amjad Ali for the period from 1362 B.S. to 1372 B.S. It is significant to note that the contesting defendant appellants failed to produce any rent receipt whatsoever for any ..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....cept the same as those receipts and papers were not legalÂly proved and there is serious risk for the plaintiff to be likely prejudiced and therefore no reliance could be given thereto. On the other hand, the plaintiff oppoÂsite party filed photostat copies of some deeds of sale by the plaintiff-o......resent case, Mr. Azizur Rahman Chowdhury and Mr. J. N Deb, Advocates for both the parties, strenuously argued on the merit of their respective cases and sought a decision on merit. 16. It is to be noted that arguments on prelimÂinary points as well as on other points relating to the merit of the..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned SuborÂdinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......f the RegisÂtrar of Trade Union and other two Trade Unions. It is true that the plaintiff had made an application under section 34 to the Labour Court for directing the RegÂistrar of Trade Union to note the change of nomenÂclature and amendment of the constitution. The plaintiff not being a Colle..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
.... the ship, unless they were shown to be the property of charterers." There is no dispute with regard to this legal position but the facts of this case differ substantially from that of the case in hand. In contradistinction to this case, the dispute in the instant case is with regard to the owner......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....nt on threatening these present petitioners to oust them from their ancestral properties. As per provision of the will he being an addicted in alcohol can not be an executor and his own uncle Ramesh Chandra Chowdhury sold out many lands by different Kabala from the will property. After his death his......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....d Abdul Khaleque started. So, according to him, the accused persons can not be convicted under section 147 even though they may be convicted under sections 323 and 324 of the Penal Code. On the other hand, the learned Assistant Attorney-General with reference to the case of Bangladesh Vs. Abed Ali r......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
...., mainly on the ground that the thumb impression of the defendant 3 who was the principal defendant and proposed seller of the suit land to the plaintiff, was not got examined by the plaintiff by any hand writing expert, which was needed to decide that moot question in the dispute whether the defend......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......cision, I do not find that the submission of the learned Counsel gets support in the manner as has been made before this court. Facts of that case also differ from the present case. No doubt the head note of the reported decision also seems to be misleading. 15. In the case of Rafizuddin Ahmed..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....47; Kayasth Trading and Banking Corporation Vs. Sat Narain Singh and others, AIR 1921 All. 149; State Vs. Ziaur Rahman and others, PLD 1973 (SC) 49; Emperor Vs. Hor Das, ILR 40 Cal. 477 (FB); Harish Chandra Vs. Kavinda Narayan Singha, AIR 1936 All. 830 (FB); Dhaka Jute Mills Ltd. Vs. Satish Chandra ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....………………………………Respondents. Judgment July 22, 1992. Result: The Rule is discharged without any order as to costs. Cases Referred to- Haramba Chandra Vs. Province of East Pakistan, 15 DLR 452; Md. Ismail Vs. Government of East Pakistan, 21 DLR......the petitioners nor the name of their alleged predecessors Shamsun Nahar and others appeared. From the original notices we do not find any such insertion 'ADC (LA) M/s Sarwarjan Bhuiyan and others as noted in the heading portion of Annexures 'B(1)'. It further appears from the said de‑requisition ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....njury, instantaneously. He said that accused Saiful Islam (appellant No.2). And Shafique Islam (appellant No.3) also entered into the hut along with Quddus, being armed with Cheor and dagger in their hands. He said that his father concealed himself under the dool bamboo container and he concealed hi......rforated and the chest cavity containing about 8 ounce clotted blood. According to the report of the doctor the death was according to his opinion due to shock and haemorrhage resulting from above noted injury which was ante‑mortem and homicidal in nature. 23. In cross‑examination P.W.11 s..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
.... also protested whereÂupon appellant No.4 gave barsha blow on the left side of his head near the eye and appellant No.6 gave ballam blow on'the same place. Thereafter appellant Nos.2 and 3 broke his hand by beating with lathis. 5. Appellant No.5 struck P.W.5 Jarifuddin on the right side of hi......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
.... deceased was null and void and not binding upon the plaintiff. It has been averred in the plaint that there was a dispute between the plaintiff and his father Mvi. Abdus Sobhan since deceased on one hand and Ataur Rahman, his full‑brother on the other hand over their paternal properties and ultim......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....˜â€˜The competent authority reserves the right to reject any of all tenders without assigning any reasons thereof." The petitioner being highest bidder expected that the said Cafeteria would be handed over to him, but on account of delay on the pan of the authorities the petitioners, it is all......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....aving been made during the period of economic distress for reasons of such distress. Rahima Begum appeared and filed a written objection denying Abdul Baten's allegations. Two witnesses namely Nirod Chand Saha identifier of the Kabala dated 5.4.74 and one Abdur Rahim Fakir were examined on behalf of...... behalf of the other side. Neither the parties nor Rahima Begum's husband examined themselves. It however appears that the authorised officer did not record the deposition of the witnesses but merely noted in the order sheets the substance of the statements made by the witnesses on behalf of the res..Category: Property Law | Date: | Hits: 110
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
.... Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and anÂother Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Chandra Ray and another, 11 DLR (1959) 7; Abdul Rouf, 7 DLR 26; Ghuznavi ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port AuthoÂrity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....ilway) Jetties and the lower appellate Court fell into an error of law in decreeing the suit against the appellant. 6. The learned Advocate appearing for the respondents Nos. 1 and 2, on the other hand, submits that the evidence shows that the consignment were landed both under mark and under nil......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....l legal flaw passed the impugned judgment an as such, the judgment is liable to be set aside. 7. Mr. Emdadul Hoque Azad, learned Advocate for the plaintiff landlord opposite party, on the other hand, submits that the notice was issued on 23-6-1993 which was received by the defendant on 4-7-199......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....ly be said to be an offence of culpable homicide not amounting to murder and in that view of the matter the appellant could at best be charged under section 304 of the Penal Code. 9. On the other hand, Mrs. Syeda Rabia Begum, learned Assistant Attorney General appearing for the State, submits th......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....eals have arisen out of same judgment and order and have been heard together, these are being disposed of by one judgment. 2. Facts leading to these appeals, in brief, are that the informant Arun Chandra Saha (P.W.1) lodged an ejahar with Gajaria police station on 30.8.1993 alleging inter alia th......at cost of Taka 100/-. He presented one lungi worth Taka 130/-. In course of bargaining, the price was fixed at Taka 115/- and the appellant in Criminal Appeal No.1046 of 1996 Md. Seru Mia gave him a note of Taka 500/-. On receipt of the same, the informant doubted its genuinity and showed it to his..Category: Criminal Law | Date: | Hits: 111
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