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Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....ndoned. 2. This petition for leave to appeal is directed against the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 disposing of the Rule by some observation and directions upon the parties as follow: A. The petitioner is exempted from ma......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......that the fishing area was less than that mentioned in the lease deed, the writ-petitioner was compelled to pay the full lease amount for the years 1412-1415 BS. Since the writ-petitioner had suffered loss, as the fishing area was less than the area mentioned in the lease deed, the writ-petitioner pr..Category: Fiscal/Taxation Law | Date: | Hits: 96
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....2012) 314. ......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......ff did not pay any further money. The defendant No.1 redeemed the mortgage and made the house vacant for execution and registration of the sale deed from 01.07.2002 up to 31.05.2003 and incurred a loss of Tk.20,000/-. Defendant No.1 issued a legal notice on 01.11.2002, but the said notice was re..Category: Property Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping CorÂporation and others, 1990, 19 CLC (HCD)
....ater Act being revised by the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act VIII of 1973) is now on our statute book. It is true that if revised Court of Admiralty Act of 1891 is read in isolation then it would not give any idea as to the nature and extent of the Admiralty jurisdiction o......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......Kallol belonging to defendant No. 1 petitioner. After arrival of the vessel at Chalna on or about 6.6.83 the cargo was discharged and from subsequent survey it appeared that there was a damage and/or loss of 62 Kgs of raw materials worth Tk. 1,81,400.50. Accordingly, the proforma‑defendant No. 3 w..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....eply thereto, furnished 42 names claiming them to be co‑sharers in the disputed holding on behalf of the pre‑emptors an application was subsequently made seeking exemption from adding the said persons. The prayer was allowed. After a lapse of about 5 months, the pre‑emptors made a prayer for a......me on the ground that on their own prayer, the pre‑emptors were allowed exemption from adding the said persons and so they were not entitled to make such a prayer. Being aggrieved the pre‑emptors called in question the propriety of the order in this rule. 2. Heard the learned Advocate and per......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....tuted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case is that plaintiff No. 1 along with predecessors‑in‑interest of the plaintiffs 2‑14 namely. Jabbar Ali Sheikh, Gagan Ali Sheikh, Hamid Ali......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......ntiffs are entitled to claim the same as gained by gradual accession resulting from the recession of the river." 6. Section 86 of the Act as it then stood provided for abatement or rent in case of loss of lands by diluvion and also ensured the subsistence of the right, title and interest of the r..Category: Property Law | Date: | Hits: 77
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....d charge‑sheet against the two accused petitioners AHM Kamaluddin and MA Karim and three others, namely, Nurul Islam, Jasimuddin Sarder and Abul Kalam Azad who were employees of the said Bank and also against Sk. Maniruzzaman, Managing Director of Kalaroa Ice and Cold Storage Ltd. Charge‑sheet w......ates the legal position. On the above grounds we find no substance in the contentions of the learned advocate for the petitioners. No interference by this Court in respect of the impugned order is called for. In the result, the application is summarily rejected. Let a copy of this judgment be ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
....8,00,000.00 in respect of plaintiffs buildings, machinery and plants as mentioned in the said policies; that Norwich Union Fire Insurance Society Limited and Great Eastern Insurance Company Limited also issued a collective fire policy No. P‑5590 dated 12‑10‑71 in the name of the plaintiff comp......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......17th and 18th November, 1971 there was an occurrence, in the plaintiff’s mills premises at Tongi Industrial Area when about 350/400 rioters forcibly entered into the mills premises and caused heavy loss and damage to the finished goods, chemicals, dyes, plants machinery and buildings of the plaint..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....nt Rule. 4. Mr. Syed Ziaul Karim, the learned Advocate for the petitioner first contended that as the Investigation by the police was not completed within the prescribed time limit, the accused persons were entitled to get an order of release under section 167(7) of the Code of Criminal Procedure......l a distinction has been made between these two kinds of recommendations for the sake of convenience and according to this distinction, the police‑report containing recommendation for prosecutor is called "Charge‑Sheet" and the police‑report containing recommendation for discharging the accuse......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
.... May 17, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney General with AKM Zahirul Haque, Advocate ‑For the State. Joynal Abedin and Abdul Malek Sardar, Contemners (appeared in person). Criminal Miscellaneous Case No. 19 of 1989. Judgment Abdul Bari Sarker J. - This Rule...... contemner No. 2 on oath. It may further be pointed that the learned Munsif concerned did not deny the statements made in the applications under section 24 C.P.C. although, the learned District Judge called for a report from him by his order dated 3.8.85. In view of the above, it is clear that the s......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....t land until it is partitioned. It is their case that by three registered sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot is more or less 50 decimals. They also took settlement 9 decimals of laud from the vested and non‑resident property authority. In tota......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......ed upon any portion of the land of the plaintiffs and after purchasing the land in 1976 they started Construction and completed it up to roof level of the building. They had no intention to cause any loss to the plaintiffs. Since they are making construction on their own land, the plaintiffs have no..Category: Property Law | Date: | Hits: 59
..... He further submits that the Labour Court acted illegally in holding that the charges were vague, indefinite and unspecified and that therefore, the Labour Court arrived at an illegal decision. He also submits that although the witnesses were examined in presence Of the respondent No. 2 (worker), t......sed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the records of complaint Case No. 239 of 1985 and on receipt of the record we heard the a......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
..
Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....n Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. Cases Referred to- (1894) 1 QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 45......gland and intimating this desire of the accused to appoint a Senior Advocate and a Queen's Counsel he submitted an application before the Tribunal for time but this petition was rejected and PW 1 was called into the witness box and the Public Prosecutor started examining him in chief. This behaviour......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....iction passed by the District and Sessions Judge, Dhaka in Sessions Case No. 159 of 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more......d be brought on record to show that there was a pre‑planning, pre‑concert or mixing of the minds to do a thing other than the common object was formed, otherwise the aid of section 34 must not be called for. 9. We have seen that the 'act' referred to in section 34 of the Penal Code is a crimi......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....ther Orews of MV Ferdous Khan. On 25.6.85 the Second Master of the vessel MV Modhumati lodged an information in Golachipa PS being GD entry No.566 dated 25.6.85 about the accident. The plaintiff took some time to collect particulars of the defendant and on getting full particulars the plaintiff wrot...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......iminal Procedure, 1998 (Act V of 1998), a Court trying under this Chapter any offence may award any punishment provided for the offence. (2) in a case where a shipping casualty has resulted in any loss of life or injury to person or property, or damage to any inland ship and the Court trying an o..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
.... Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revision No.485 of 1987 and for re‑hearing of the matter. 2. Th......sent to the Barisal Bench and even if the service of notice of the Rule upon the opposite party is taken for granted he was obliged to take necessary steps in that Bench. But when the record was re‑called in the permanent seat at the instance of the petitioner and posted for hearing it was not a m......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....of 1986. Judgment AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. ......ed this appeal. 7. Mr. ABM Golam Mojid, the learned Advocate appearing for the appellant, has submitted that the learned Sessions Judge had based his conviction of the accused appellants upon so‑called professional statement of accused appellant Nazrul and accused Kashem. He has submitted that ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... 1989 SC 1642) and GB Mahajan Vs. Jalgaon Municipal Council, 1991 (3) SCC 91; AIR 1991 SC 1153, UK Salasabil vs. Shams Corporation (Pvt) Ltd. and others, 37 DLR (AD) 117, K N Guruswami Vs. State of Mysore, PLD 1956 (Supreme Court India), 52, M/s Hossain Ahmed Vs. M/s H D Hossain and others, 32 DLR (......It has been further stated that the petitioner company have incurred expenses to an amount of Tk. 40 lacs in preparing the tender. 8. On 17th April, 1992 the General Manager of the Bangladesh Bank called an advertisement to be published in the Bangladesh Times as "International Tender Notice" inv......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... East Pakistan with its registered office at Dhaka. One Mr. S Khurshid Anwar was allotted and issued 969 B Class shares of Tk. 25/‑ each in the years 1968. The said shareholder Mr. S Khurshid Anwar sold his 969 (fully paid up) shares of the then Eastern Banking Corporation Ltd. to the petitioner o......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......ant's name on the ground of non‑production of the share certificates particularly when the company was unable to waive their production. Before the Company there was no satisfactory evidence of the loss or destruction of the share certificates, so that it could waive their production." 16. Arti..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled and the Deputy Commissioner, Bhola, was directed to take steps for r......86/438/1(3) dated (Annexure 'J) whereby an application for review filed to the Government by the petitioner for reviewing the order contained in the memo first above mentioned was rejected, have been called in question. 2. The facts leading to this Writ Petition are somewhat lengthy. 3. It is ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....‘ For the Petitioners, Akram Hossain Amin, Advocate ‑ For the Opposite Parties. Civil Revision No. 513 of 1973. Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi r......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......been represented in the execution case; that the dismissal of the said Misc. Case without any hearing was wholly wrong and illegal and that by such dismissal the petitioners have suffered irreparable loss and injury. Opposite parties 1‑4 filed an objection against the aforesaid petition under sect..Category: Procedural Law | Date: | Hits: 83
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