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Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......rned Advocate for the petitioner has contended upon making reference to the scheme of the Code of Criminal Procedure that the learned Additional Sessions-ledge has acted wholly without jurisdiction in taking cognizance against the accused petitioner. We shall advert to the submissions..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
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. ......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. ......t. In the Special Powers Act there is nothing to show that the provision of Section 561A of the Cr.P.C. is not applicable in connection with any proceeding under the Special Powers Act. The jurisdiction of the High Court Division under section 561A of Cr.P.C. is an inherent power which can..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......nsor and licensee the decisive consideration is the intent on of the parties. This intention has to be ascertained on a consideration of all the relevant provisions in the agreement. In the absence, however, of a formal document the intention of the parties must be inferred from the circum......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
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. ......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. ......was also not being tried before a separate Tribunal altogether. He was being tried by the same Court. As such revival of proceedings against him in respect of the same offence was illegal and without jurisdiction. Cases Referred to- Abdul Hossain Sana Vs. Suwalal Agarwala and another, 14 D..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. ......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. ......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. ......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. ......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
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......ble unless it is expressly conferred by law. Person aggrieved by an award made under Sub-section (1) of section 7A of the Emergency Requisition Act can only bring a suit in a civil Court of competent jurisdiction for determination of the dispute, and he is not entitled to re-agitate the matter by wa..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....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.
......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.
...... monthly tenant under the provisions of the Transfer of Property Act as well as under the Premises Rent Control Ordinance; that the arbitrator misconducted, and that the award was illegal and without jurisdiction.
7. The learned Subordinate Judge dismissed the two suits, Title Suit No.125 of 19..
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)
....he plaintiff and upon release to the defendant No. 2 of the full amount of the purchase price and the vessel shall thereupon be at the risk of the plaintiffs; (f) That should the vessel become a total or constructive total loss before delivery to the plaintiffs, the said agreement dated 3rd Jul......(a), Order 7, C.P.C., it cannot be returned under rule 10, Order 7, C.P.C., because these provisions have been made non-applicable to proceedings before the Admiralty Court. Whether it relates to the absence of cause of action or lack of jurisdiction, the objection as to exercise of jurisdiction by ...... 24.8.1981, when the ship in question was to be delivered at the port. Defendant-respondents were responsible for all the consequences for the breach of contract, Plaintiff-appellant invoked the jurisdiction of the Admiralty Court under clause 26 of the Charter of 1774 and section 2(2) of the C..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....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
......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
...... 1980 as a forged document.
On behalf of the respondents it has been seriously contended that the matter involves complicated questions of facts and the matter cannot be disposed of in a summary jurisdiction under section 38 of the Companies Act.
Let me refer to some of the decis..
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. ......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. ......ly in the case of a woman of full age he refers to the following observation made in the decision of the case of Momtaz Ahmed Khan Vs. The State 19 D.L.R. (S.C.) 259 (265): "In certain jurisdictions, it is the rule that the solitary evidence of the prosecutrix being a woman of full ag..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... 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. ......ot; to create a valid trust. The facts appears to be distinguishable but in the instant case it may be said that Girish Chandra Aich did not spell out the word "trust" in the Will. The absence of the word "trust" in the Will did not vitiate the 'trust" if the intent...... 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)
.... 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. ...... as D.W. 1 admitted that ultimate responsibilities for the loss of the plaintiff's cargo was to be borne by the owners, presence of defendant No.2 is sufficient for adjudication of the matter and absence of the owners of the ship or of the chatterers would not non-suit the plaintiff. 8. It ......bility of the carrier for the undelivered cargo at the rate of Tk. 38.83 paisa per £ 1.00. 4. Following issues were framed in the suit. 1. Is the suit maintainable under the Admiralty jurisdiction of this Court? 2. Is the suit barred by limitation? 3. Is the suit hit by pri..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)
.... 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. ......and as D.W. 1 admitted that ultimate responsibilities for the loss of the plaintiff s cargo was to be borne by the owners, presence of defendant No. 2 is sufficient for adjudication of the matter and absence of the owners of the ship or of the chatterers would not non-suit the plaintiff. 5. It ......ility of the carrier for the undelivered cargo at the rate of Tk. 38.83 paisa per £ 1.00. 3. Following issues were trained in the suit. 1. Is the suit maintainable under the Admiralty jurisdiction of this Court? 2. Is the suit barred by limitation? 3. Is the suit hit by pri..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....cknowledged a short landing on. 22.5.80 and the Chittagong Port Trust also issued a Certificate to that effect. The plaintiff sent on 13.6.80 its claim bill dated 12.6.80 for Tk. 10, 27,502/- for the total value of the goods lost and forwarded the relevant documents to defendant No. 2. After several......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......ahani Building and two others………....Respondent
Judgment
April 12, 1982
Result:
Issues Nos. 6 and 7 are decided in favor of the plaintiff.
Admiralty jurisdiction of the Supreme Court
Under the Act of 1891(Colonial Courts of Admiralty Act (India..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......Court below committed an error of law apparent on the face of the record and the documents in refusing the present petitioner's claim for rateable preemption and consequently failed to exercise a jurisdiction vested by law. 13. In the circumstances the orders of both the Courts below shall ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......ding No.93) after setting aside of the decree itself. 5. Mr. B. N. Chowdhury, the learned Advocate appearing in support of the appeal contends that the learned Subordinate Judge had no jurisdiction to embark upon an investigation with regard to the identity of the decretal l..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
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