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Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ...... be and hereby decreed for an amount of Tk. 66,500.00 in favour of the plaintiff and against the defendant. The plaintiff shall be entitled to recover the decreetal amount from the defendant with interest on the decreetal amount @ 9% per annum from the date of institution of the suit till actual..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......aintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocean Wave Shipp..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)

....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......arned Senior Advocate Dr. M. Zahir argues that no such practice is prevailing in this jurisdiction so far his profession of law of 60 years is concerned and a practice which even prevails against the interest of the litigant public must not be allowed to prevail any more. 4. The learned Senior A..

Category: Admiralty Law or Maritime Law | Date: | Hits: 191

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......ppellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for the purpose of disposal of these two appeals are that, the plaintiff is the successor-in-interest of Messers Lucas Service (Pakistan) Limited conducting the business of manufacture of batte..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......Taka 15 lac for construction of the vessel and the petitioner got entire loan disbursed on the terms and conditions that the loan amount would be repaid in 36 equal instalments from 31-3-1992 bearing interest at the rate of 14%. If the company fails to pay in time it would be liable to pay additiona..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Abdur Rashid Sarder Vs. Md. Chandullah Sardar and others, 2010, 39 CLC (HCD)

...., therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ......tter is taken up for hearing the learned Advocate Mr. Nur Mohammad Miah is present but the learned Advocate Mr. Fazlul Hoque, failed to turn up and as such it appears that the petitioner has lost his interest in the Rule and does not want to continue with the same for which the instant Rule is liabl..

Category: Procedural Law | Date: | Hits: 77

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ....... 2 and 3 stated that the plaintiff is not in possession in any portion of the suit property which appears to be not believable on the grounds that the D.W. 3 being a sister of defendant No.1 has got interest in the suit property and as such she did not depose truth before the court whereupon the co..

Category: Property Law | Date: | Hits: 74

Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)

....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......Act being Pre-emption case No.4 of 1987 in the Court of the Subordinate Judge, Moulavibazar contending, inter alia, that the case property (shop) along with other lands belonged to the predecessor in interest of proforma opposite parties Nos.7-20; out of the aforesaid reported a quantum of land meas..

Category: Property Law | Date: | Hits: 70

Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)

.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......e M.A. Rob appeared on behalf of the defendant Noor Mohammad on 6.5.1998 in the lower courts and never refiled the same before this court at any point of time. The defendant since liable to prove his interest in the suit property by proving the Baina Patra to substantiate his claim against the plain..

Category: Property Law | Date: | Hits: 62

Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ...... Division Road. The Division Road is far of about 1500 feet from the C.S. Plot No.164 and as such, the petitioners have been possessing their lands as before. The petitioners and their predccessor-in-interest were and are in peaceful possession without any interrup­tion from any quarter. Neither th..

Category: Property Law | Date: | Hits: 59

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......he judgment and decree dated 31-10-92 passed in Title Suit No.96 of 1990 by the Assistant Judge, Shibchar, Madaripur, who dismissed the suit. 2. Admittedly Gouranga Chandra Das, the predecessor-in-interest of the defendants was the owner in possession of the suit. And which is situated within the..

Category: Property Law | Date: | Hits: 108

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......perties Limited is a borrower of IFIC Bank, the respondent No.3. The Chairman of the Bank is also the Chairman and the Managing Director of the Islam Brothers Properties Ltd. and therefore has vested interest in the latter. The Company has huge outstanding dues with IFIC Bank which was rescheduled f..

Category: Business or Commercial Law | Date: | Hits: 208

Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)

....- is to be deposit­ed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ...... of the Courts below and dismissed the suit holding that- "In the instant case although adverse possession is not pleaded by the defendants but their possession having been found adversely to the interest of the plaintiffs and having been in possession by erecting homestead I hold that the claim..

Category: Property Law | Date: | Hits: 104

Advocate Alauddin Khan and others Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....nings. Under such circumstances, this peti­tion for Review has got no substance and it is dismissed with the aforesaid observa­tion. Ed. This Case is also Reported in: VIII ADC (2011) 114. ......, after the decree passed by the Subordinate Judge. 5. It is stated in the petition for condona­tion of delay that the mutation of the suit property in the name of Muslemuddin, the predecessor in interest of the petitioners, was cancelled by the Assistant Commissioner of Land by his order dated ..

Category: Limitation Law | Date: | Hits: 165

Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)

.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......of Waqf of Jinnat Ali had already enrolled as Waqf property in E.C. No.4401, and the Mutwalli is not coming forward for enrol­ment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was not made since file of E.C. No. 4401 was called for by Ministr..

Category: Trust/Waqf Law | Date: | Hits: 171

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......abandu Saha, the tenant, Jogesh Chandra Sutradhar and others collusively and illegally entered their names in RoR and kept this in secret; that the said record was wrongly prepared in the names of an interest less person and no portion of the suit land is enlisted as enemy property; that the husband..

Category: Property Law | Date: | Hits: 126

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......n 2-5-2006) he again went to that house and came to know from Mehedi that all of them were members of an Islamic party and they were trying to establish Islamic Rule in the country. Thus PW 12 became interested in participating in the activities of that party. In the first part of last October (that..

Category: Criminal Law | Date: | Hits: 224

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......s shares, Satish Chandra Das died leaving three sons, namely, the pre-emptor and respondent Nos. 2 and 3 (opposite party Nos. 4 and 5 in the application). 4. Besides, Panchamoni Dasi exhausted her interest in the holdings by transfer to the pre-emptor said respondent Nos.2 and 3 and Purnima Rani ..

Category: Property Law | Date: | Hits: 69

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......he same party in a subsequent proceeding with reference to the same subject matter. 30. Since the predecessors of the plaintiffs purchased some portion of the suit land from the pre544 decessor in interest of the contesting defendants Rupsha Fakir, admitting the auction sale and thus the plaintif..

Category: Property Law | Date: | Hits: 70

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......covery of fraud, it cannot ask the PBL to pay under the letter of credit. 74. He also submitted that the negotiating bank normally be entitled to recover from the beneficiary what it paid with interest in the event the bill was dishonoured and/or rejected as a holder in due course. 75...

Category: Business or Commercial Law | Date: | Hits: 289