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GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....ge. 9. Simultaneously with the filing of the aforesaid Admiralty Suit No.33 of 1995 the plaintiff also filed an application for the arrest of MV Hawai Splendour as a security for the plaintiff’s claim. And by the order of this Court dated 16-12-95 MV Hawai Splendour was arrested. 10. Then on......lty Suit No.13 of 1996. Judgment Kazi AT Manowaruddin J. - These two applications have been filed by the owner of the vessel MV Hawai Splendour under section 34 of the Admiralty Court Act, 1861 for obtaining security from the owner of the vessel MV Mauro D'Alesio. 2. One of the applications......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
.....134 of 1970 against the petitioner and others in the 4th Court of Munsif (now Assistant Judge), Habiganj for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, claiming to be a co‑sharer by purchase of the case land from the opposite parties No.2-5 of the sa......ay seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑interest of ......he case who are co-sharers of the said holding. The pre‑emptor had full knowledge about the transfer and he has offered to purchase the case land but he refused to purchase the same for shortage of money and as such, the petitioner purchased the case land. 7. By the judgment and order dated 23â..Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ...... MA Azim Khair, Advocate–For the Opposite Parties. Civil Revision No.4581 of 1995. Judgment Md. Golam Rabbani J.- Petitioner Fatema Khatun filed an application under Order 1 rule 10 CPC for adding her as a defendant in Title Suit No.225 of 1991 pending in the 3rd Court of Subordinate J...... rejected by the order dated 23-7-95 and so she has obtained this Rule against thereof. 2. Plaintiff in the suit is the City Bank Ltd. and the suit filed on 21-8-91 is for realisation of the loan money of Taka 8,28,611.00 with interest as on 31‑3‑91 taken by Jaidhar Ali since deceased. The d..Category: Procedural Law | Date: | Hits: 67
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....est of the petitioner Mr. Justice Abdur Rahman Chowdhury constituted himself as the sole arbitrator and he sat over the matter and gave the award. None from the opposite party appeared to contest the claim of the present petitioner. Thereafter the award was produced before the aforesaid Court with a......udge, 3rd Court, Dhaka in Title Suit No.284 of 1993 should not be set aside. The learned Subordinate Judge by the said order accepted the security bond furnished by the present opposite party in the aforesaid suit which was filed under section 33 of the Arbitration Act as amended. 2. The short fa......r the award. 8. According to the opposite party they have furnished proper security as required under of the Arbitration Act. This amended provision is meant for assuring the recovery of the award money if the objection is rejected against the award. Admittedly the word security has not been defi..Category: Alternative Dispute Resolution | Date: | Hits: 245
....aken is that an aggrieved person can invoke the writ jurisdiction of the case even though he availed the alternative remedy, but failed on technical grounds. Lastly, the respondents are estopped from claiming that the property is an abandoned property.
8. The respondents did not file any affidavi......the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
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Category: Limitation Law | Date: | Hits: 175
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
.... under sections 302/34 of the Penal Code. On the commencement of trial the learned Sessions Judge framed charge against the appellants under the aforesaid section to which they pleaded not guilty and claimed to be tried. 4. In order to prove its case, prosecution examined 9 P.Ws. while the defenc......No.38 of 1989 by the learned Sessions Judge, Narayangonj convicting the appellants, namely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 m......ound the dead body of Nasiruddin and he informed Manju, Jahid, Jalal and others about it. P.W.7 knew nothing as to who killed Nasiruddin. 12. P.W. 8 Shahida Begum stated that P.W.6 Manju owed some money to deased Nasiruddin went to their house to collect that money. These all are the evidence add..Category: Criminal Law | Date: | Hits: 56
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....endant by serving a notice under section 106 of the Transfer of Property Act and then filed the SSC Suit as aforesaid. 3. The defendant contested the suit by filing a written statement denying the claim of the plaintiff stating, inter alia, that the suit is barred under section 23 of the Small Ca......t facts giving rise to this Rule may be stated as follows: The opposite party, Mr. Arif Ahmed as a plaintiff filed SCC Suit No.10 of 1985 in the 3rd Court of Assistant Judge and SCC Judge, Comilla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plain......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....permission of the Head Office of the Bank he sold the jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitat......is against the judgment and order of reversal of the lower appellate Court in an election petition case directing re‑election. 2. The opposite party 1 filed Election Petition case No.6 of 1992 before the Election Tribunal, Mymensingh against the petitioner and opposite party Nos.2‑8 for decla...... Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate payment of loan against whom no suit was pending for recovery of money. Pursuant to such circular the Muktagacha‑Branch issued a letter to the opposite party No.2...Category: Election Law | Date: | Hits: 148
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....absconded charge could not be read over and explained to them. But the charge was read over and explained to the other 3 accused persons who were present in Court to which they pleaded not guilty and claimed to be tried. During trial prosecution examined as many as 13 witnesses and the defence ex......se No. 40 of 1997 arising out of Motlob Police Station Case No. 2 dated 5.4.1995 convicting the accused-appellant Humayun under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprisonment for......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....hereupon came to an erroneous finding that appellant No.1 concealed the account of Tk. 1,85,00,000/- in his statement causing miscarriage of justice. 34. In the statement of assets, appellant No.1 claimed that he owed an amount of Tk. 1,42,13,837/- to Basundhara Group of Companies against supply ......to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission Act, 20......and without jurisdiction. 26. It further appears from the statement of assets, Exhibit-5/1 that it was specifically stated that some of the properties were purchased by appellant No.2 with her own money and some of the properties were acquired by way of inheritance and as such the allegations bro..Category: Criminal Law | Date: | Hits: 108
.... Crete Construction Company Ltd., instituted Money Suit No.142 of 1976 in the 3rd Court of Sub-ordinate Judge, Chittagong against the Appellants and Respondent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appella......ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
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Category: Alternative Dispute Resolution | Date: | Hits: 161
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....d they have been reÂcorded as Doba in the name of defendant No.1. 7. The defendants denied that the plaintiffs or whom they represented ever needed the use of the waÂter of the said reservoir as claimed by them. They stated that there is a road running from cast to west by the south of suit plo.......3.1975 passed by the Munsif, 1st Court, Sadar, Sylhet. 2. The respondent opposite parties as plaintiffs filed Title Suit No. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representative form "for deÂclaring customary right of user of the suit water resÂervoir by easement by long user......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ce on record. Mr. Dewan A.M.S. Zaman, the learned Advocate for the appellant, conÂtends that the Courts below committed an error of law in not taking into consideration the facts that the defendants claim title in the suit land since 1947 by defendant No.1 and 1950 by the other defendants and they ......Âpeals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovÂery of khas possession......ssession of the land. It was agreed between the parties that Sarada and Kumud Ranjan DC would execute and register kabalas in favour of the defendants on receipt of the balance of the consideraÂtion money and three years after the aforesaid deed of contract, the wife of Sarada Ranjan, on behalf of ..Category: Property Law | Date: | Hits: 66
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawÂful authority and to be of no legal effect. 2. The petitioner with others formed a coÂoperative society under the name and style of "Mirpur Shaheed Sriti Market Babashayee B......dated 16.2.79 with the then Assistant Registrar of Co-operative SocieÂties. It has 513 members. The samity has raised Tk. 8,12,000/- as subscription for land and raised another Tk. 51,300/- as share money. The samity has constructed shops, buildings, roads and approaches to a market. The petitioner..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....t which did not change the character of the case can be al1owed even after the period of limitation prescribed by law. Those decisions however are not applicable in this case as no further relief was claimed in those cases by way of amendment. The learned Advocate for the opposite party No.1 relying......tion Appeal No.2 of 1984 reversing the Judgment and order dated 31.5.84 passed by the learned ElecÂtion Tribunal, Bhola should not be set aside. 2. The petitioner filed the election petition beÂfore the Election Tribunal, Bhola on 29.2.84 chalÂlenging the election of the opposite party No.1 w......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
.... also, enclosed a calculation of termination benefits amounting to Tk. 84,483/-. He admitted payment of Tk. 26,100.33 on the basis of the judgment, but made out a case that he was entitled to a total claim of Tk. 84,483/-. He, therefore, claimed a further sum of Tk. 58,382.67 from the accused-petiti......nst the Project Manager, BanglaÂdesh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By judgment and order dated 25.5.8......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
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Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....ive. Referring to section 4 of the said Code he further submits that the special law overrides the general jurisdiction conferred on the Civil Courts unÂder section 9 of the said Code to entertain a claim merely because it is of civil nature. In support of his submission Mr. Abdul Quayum has cited ......88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah inÂstituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessi......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....oversy between the parties and where it is just. But the rule that the plaintiff cannot be allowed to amend his plaint so as to alter materially or substitute his cause of action or the nature of his claims has necessarily no counterpart in the law relating to amendment of the defence or the written......rocedure is directed against the order dated 18.8.88 passed by Mr. A.K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit ......No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consideration of Tk. 5,40,000/- by an agreement dated 27.1.79. The d..Category: Property Law | Date: | Hits: 58
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....Ahir having been born of concubine. The complainant obtained a certified copy of the written statement filed by the appellant, and filed a complaint under section 500 of the Penal Code for defamation claiming that the appellant and his brother were legitimate sons and the statements had been made de......ns 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior AdvoÂcate of this Court, filed a petition of complaint beÂfore the Chief Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating th......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....s against a project with clear stipulation that the duration of their employment will remain valid till the completion of the project. In view of the above, the responÂdents have accrued no right to claim reguÂlarization of their service and thus, the writ petition is not maintainable. 4. The H......by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. A J Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1250 of 2010. (From the judgment and order dated 22.4.2010 passed by the ......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..Category: Employment/Service Law | Date: | Hits: 133
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