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Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....rote a letter to the defendant on 22.1.86 informing about the accident and damage caused to the plaintiff's vessel MV Modhumati by defendant's vessel MV Ferdous Khan. The plaintiff also requested for holding joint survey to ascertain the quantum of damage caused to MV Modhumati. It is further stated......essel, to the owner of such vessel. (3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the i..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
...., a revisional application being Criminal Revision No. 547 of 1957 was preferred before the High Court of East Pakistan, as it was then. The High Court also rejected the said revisional application upholding the order of the Additional Sessions Judge, 3rd Court, Bakerganj. The respondent No. 4 and h...... (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Re..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....ng for the defendant No. 3 appellant, has not argued the appeal on merit but he has argued the appeal only on point of law. His first submission is that the learned Subordinate Judge had erred in not holding that the suit is not barred against the defendant No. 3 under Order 1 rule 10 of the Code of......he duplicate keys were lying in the Bhairab branch of the bank. As a matter of fact the defendant No. 1 did not know where the duplicate keys were kept. As per Rules of the Bank at the time of making over and taking over charge the duplicate keys must be tested on withdrawal from the custodian on wi..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....inate Judge after hearing both the sides and noticing the Civil Order No. 462 of 1989 of this Court was pleased to reject the said application under Order 16 rule 10(3) of the Code of Civil Procedure holding, inter alia, ৭-৮ নং বিবাদী পক্ষে দাখিলী বি......uently inducted one Khalilur Rahman and others as sub‑tenants; that the Deputy Commissioner, Dhaka requisitioned the said property in LA case No. 2237 of 1973 and 1268 of 1976 for accommodation of Government employees and then allotted the same to Md. Sharif Hossain, plaintiff No. 1 (Opposite Part..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....diction to try such a case, the Civil Court shall retain jurisdiction to entertain and try such a case. For the above reasons, I do not find that the learned District Judge has committed any error in holding that the Civil Court is competent to hear the suit. 9. The learned Advocate for the petit......(2) of the Act having elapsed long before the incorporation of the bank n the Schedule of the Act by the Administrative Tribunal Ordinance 1984 the Tribunal could not be said to have any jurisdiction over the subject matter of the suit. According to him, the said proviso clearly shows that the Admin..Category: Employment/Service Law | Date: | Hits: 64
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
.... file an application for proportional pre‑emption under section 96(5)(b) of the State Acquisition and Tenancy Act, 1951 as the purchaser pre‑emptee is not a stranger to the case land but a person holding land contiguous to the case land. He further argues that it is particularly not necessary as...... defendant, shall be taken to be admitted except as against a person under disability". 14. This rule is known as the doctrine of non‑traverse which means that when a material averment is passed over by an evasive denial or without a specific denial it is taken to be admitted. Here in this case..Category: Property Law | Date: | Hits: 72
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....lection of the petitioner as being void while the rest of the order goes unchallenged. 8. The question, therefore, with which this Court is concerned whether the teamed District Judge was right in holding that the opening of the new centre at Khanebari Government Primary School was violative of r......lected. 3. In his election petition opposite party No.1 alleged that as many as 6 pulling stations were originally fixed at Barakata High School, Chinamura High School, Naiar, Chandra‑Shekhardi Government Primary School, Chakratala Government Primary School and Chashai Primary School fixed for ..Category: Election Law | Date: | Hits: 129
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....eeing the suit on the face of such contradictory claims. The learned advocate further submits that the learned Court of appeal below erred in law in his decision occasioning failure of justice in not holding that according to the provision of sections 91 and 92 of the Evidence Act oral evidence is i......d be reconveyed within 7 years on repayment of the consideration money. He further deposed that a salish took place in their local Union Parishad on the basis of an application filed by the plaintiff over the suit land and in the salish it was decided that the defendant would convey the suit land if..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....the appeal. Upon such findings the lower Appellate Court dismissed the appeal. 5. Mr. Mustafa Niaz Muhammad appearing for the appellant only urged before me that the lower Appellate Court erred in holding that the appellant who was not a party, to the original suit had no locus standi to file the......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... the suit to the said Court of Bhaluka for disposal and in that view of the matter the learned Munsif committed an error of law resulting in an error in his decision occasioning failure of justice in holding that the suit is not maintainable in its present form. 4. Mr. Serajul Hoque, the learned ......f the plaintiffs petitioners have obtained the present rule. 3. It is submitted that the suit was filed on 3.8.76 in the Court of 2nd Munsif, Mymensingh Sadar while the said Court had jurisdiction over the lands of Bhaluka, Trishal and Fulbaria Police Station and in view of the reorganisation of ..Category: Procedural Law | Date: | Hits: 102
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....red on 25.4.74, exhibit 'Kha'. 6. Considering the evidence on record the Trial Court upon believing the evidence of PWs decreed the suit against defendant No. 1 with respect to 0. 12 acres of land holding, inter alia, that the contract in question was legally proved against the defendant No. 1. ......the defendant No. 2 is exhibit‑4. The defendant exhibited a complaint lodged with the local Union Parishad on 5.1.74 as exhibit 'Ka' against the plaintiff and her brother Shafiullah for order of recovery of three blank stamp papers, two registered kabalas and one copy of khatian No. 503. The kabal..Category: Property Law | Date: | Hits: 64
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....as has been correctly found by the High Court Division. In the case of Abdul Latif Chowdhury Vs. Md. Noor Hossain and others reported in 2 MLR (AD) 298 the Appellate Division held that the purpose of holding analogous trial or hearing of different suits arising out of same properties by a single Cou......ndants had received Tk. 20,00,000/- as security money from the plaintiff-petitioner. Subsequently, the plaintiff-petitioner allegedly spent at least Tk. 20,00,000/- for obtaining permission from the government for cutting, carrying and selling timbers. On 28.2.05 the plaintiff again claimed to have ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ppellant Sohel and other incriminating evidence and circumstances were not brought to the notice of this accused at the time of his examination under section 342 of the Code of Criminal Procedure and holding that the non-drawing of those incriminating evidence and circumstances to the attention of t......hawkat Alam Sub-Inspector of Police along with his accompanying force and Sohel reached the house of Sohel at about 13-30 hours and started enquiry and in course of enquiry the said police force recovered the beheaded dead body of the mother of Sohel from a "Beel" of that village and thereafter, a..Category: Criminal Law | Date: | Hits: 84
....Islam, the learned Advocate refers to the decision in the case of Bangladesh and others Vs. AKM Zahangir 34 DLR (AD) 173 wherein it was observed by K Hossain, CJ as follows:
"As regards the person holding a civil post, lie gets a constitutional guarantee under Article 135. His protection against ......
Present:
Fazle Hussain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Abdul Hannan Khan (Md.)................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....rict Judge rejected the application Linder Order 39 rule 4 and section 151 of the Code of Civil Procedure and dismissed the appeal on the observation that the learned Subordinate Judge was correct in holding that he had no jurisdiction to change or sit on the order of temporary injunction by the App......he predecessor of the plaintiffs is void and not binding on them stating, inter alia, that the suit plot Nos. 2205, 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlement front the Government on 30.10.59 an..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....l No. 20 of 1977. 6. The learned Subordinate Judge by the impugned judgment and decree dismissed the plaintiff's appeal and allowed the defendant's appeal and thereby dismissed the suit as a whole holding, inter alia, that the plaintiff could not prove the alleged contract for sale of the dispute......n the death of Indra Kumar became the Headmaster of the school and started residing at the Headmaster's residence mentioned above. Subsequently the school was aided by the local municipality and the Government. Some local persons had expressed their desire to purchase som6 other land from the bank, ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....and the plaintiff used to accept the rents for several months at a time in lump which is evident from the series of rent receipts and in that view of the matter Courts below committed error of law in holding that the defendants were defaulters without considering this aspect of the matter. 20. Mr......e suit is barred by limitation and whether the plaintiff has arty bona fide requirement for the suit premises have been decided in favour of the plaintiff and against the defendants. So the main controversy before the Trial Court was whether the defendants were habitual defaulter and whether the ten..Category: Property Law | Date: | Hits: 66
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....11.3.81 when the passport was granted to her at Kabul and thereafter, it is not denied, she came to Bangladesh in 1981. 6. The second ground, in the language of the Court of Settlement, "the case holding cannot be identified at all with reference to the alleged purchase deeds of Abdul Khaleq and......Original Jurisdiction) Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....peated demands the accused did not pay the price. Petitioner's appeal before the Sessions Judge was also dismissed. On a revision the High Court set aside the conviction and sentence of the appellant holding that there was no initial intention on the part of the accused to deceive. 10. In the cas......avour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repeated demands and requests. accused did not refund the money to the complainant and over the matter there were several salish. But the accused delayed the matter on this or that pretex..Category: Criminal Law | Date: | Hits: 132
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....ants in SCC Suit No. 1 of 1986 pending in the court of Munsif, First Court, Sadar, Chittagong shall not be set aside. 2. The learned Advocate submits that they were sub‑tenants in respect of the holding which was subject matter of the suit for ejectment of the tenants under tenant Syed Ahmed. H......bad. In view of the scope of section 115(1) of the Code of Civil Procedure mere error of law is no ground to set aside the order of the Court below unless it leads to failure of justice. Having taken overall views of this case I am not impressed with the contention of the learned Advocate and I hold..Category: Property Law | Date: | Hits: 67
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