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Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......inapatra Ext.1. It is however her case, both in the written statement and in the examination-in-chief, that she put her L.T.I, along with other plaintiffs of O.C. Suit No.237 of 1974 in blank stamp papers at the instigation of the tadbirkar, namely the plaintiff-petitioner, and it is the plaintiff...... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......sion (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badruzzaman J Sultana Jute Mills Ltd......................Petitioner Vs. Chairman, Labour Court, Chittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made...... cited the case of Zamiruddin Vs. Havas Khan reported in 21 DLR (SC) 39 in which the Pakistan Supreme Court in interpreting the words "suit for recovery of money due on contracts, receipts or other documents" occurring in section B of Part I of the schedules of the Conciliation Court Ordinance h..Category: Labour and Industrial Law | Date: | Hits: 193
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......shelter of the court of law to protect her right, title and interest in the property. The defendant petitioners filed written objection against granting of temporary injunction and also filed a few papers in support of their cases. The defendant petitioners disowned the plaintiff opposite party ......zizur Rahman Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ber, 1994, that they chartered the vessel to Trigonmar Group SA on 23rd July, 1996, on a time charter. He stated that they were not aware of the alleged supply of bunkers made by the plaintiff at the relevant time to the vessel, that Optima Chartering Ltd. Piracus signed the time charter party agree......erson on his behalf. In this case, the witness examined on behalf of the plaintiff did neither narrate the case of the plaintiff nor made any attempt to deny the defence case, he simply produced some papers on behalf of the plaintiff but that will not prove the contention made in the plaint. In this......neering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law Rep KB 50 and The "Yuta Bondarovskaya (1998) 2 Lloyd's Law Rep 357. Lawyers Involved: Tania Amir Advocat......ers of the vessel for the supply of bunkers on account of the charterer. As such, they prayed for dismissal of the suit and return of the bank guarantee. 4. Both the parties filed their respective documents and also examined witnesses in support of their respective claims and allegations. 5. B..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......sion (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Bhawal Raj Estate Court of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is disc......of 1970 which on appeal was confirmed by the Supreme Court in Appeal No.84 of 1974 and possession was handed over to them on 2-4-1984. The petitioner has stated that for creating false and fabricated documents regarding the land belonging to the Bhawal Raj Estate many cases in Civil Court were filed..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460..............vil Procedure is directed against an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are that, the opposite part..Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....titioners caused grievous hurt to four victims and petitioner Abdul Khaleque caused simple hurt to the informant and after coming to such finding the Court held the above petitioners guilty under the relevant section of the Penal Code. The appellate Court also held that the above accused persons com......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......d. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....ode of Civil Procedure reads as under “where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed.” Here in this case, on the relevant date, the plaintiff was not absent from the court, but he made an application praying for i......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......lso Reported in: 51 DLR (HCD) (1999) 454.......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... plaint it appears that the plaintiff alleges that the said deeds were obtained by the defendants fraudulently, collusively and without payment of consideration and she prayed for cancellation of the documents. So, the submission of Mr. Mondal that the suit is not maintainable for cancellation of th..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....and affirming the judgment and decree dated 7-9-1995 and 13-9-1995 respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......— For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment Md. Iftekhar Rasool J.- This Rule is directed against the judgment and decree dated 3-6-1996 and 10-6-1996 respectively passed by the District Judge, Netrakona in Fami......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... the reference to the Full Bench arose out of an application under section 439 of the Code of Criminal Procedure. In that case an Assistant Settlement Officer enquired into the genuineness of certain papers filed in a Settlement proceeding and found those papers to be forged and directed proceeding ...... Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.....- This appeal is directed against the judgment and order of conviction and sentence passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hami...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......ported in: 44 DLR (HCD) (1992) 441....... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....he time of hearing nobody appears on behalf of the assessee applicant. In this situation we are to see whether the High Court Division can decline to answer the question. This leads us to examine the relevant provision of law. Where a reference is made relating to question of law arising out of the ......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......rofitably quote sub‑section (5) of section 66 of the Income Tax Act, 1922 which reads as under: "The High Court upon the hearing of any such case shall decide the questions of law raised thereby and shall deliver its judgment thereon containing the grounds on which such decision is founded and ......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440...Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....n the evidence was recorded does not prevent the court from accepting it, if the plea gets support from the prosecution evidence. 20. The basic assumptions underlying the law of private defence relevant in this case are that under section 97 of the Penal Code every person has right to defend h......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......rted in: 44 DLR (HCD) (1992) 431.......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....nd 3 others submitted tender on 3.7.85 but bid of the petitioner was the highest. The notices are annexure ‘A’ and ‘A-1'to the petition. The terms 8, 9, 11 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 ......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The......0.3.86. The draft lease then came back to the respondent No.1 through the Superintending Engineer, Dhaka Circle‑1 vide Memo No.3734 dated 9.10.86. The lease deed could not be executed as the tender documents and the comparative statements were not there. The petitioner then was asked to deposit te..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....d left with the transferor and the members of his family not exceeding 3 acres. The question as to for what purpose the transfer had been made is, in view of such clear provision of law, absolutely irrelevant, although however the learned Munsif has found in favour of existence of economic distress .......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......t DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....nt No.1 as Chairman. The Tribunal held, inter alia, that the respondent No.1 was not disqualified under section 7(2)(g) of the said Ordinance. This judgment is a public document and can be taken as a relevant fact though the facts contained therein cannot be said to be conclusively proved as far a......at election of Chairman of the said union parishad was held on 10.2.88. There were 7 contestants for the said post including the respondent No.1. On 10.1.88 the contestants filed their nomination papers before the Returning Officer. An objection was raised before the Returning Officer that the...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543...Category: Election Law | Date: | Hits: 216
Category: Administrative Law | Date: | Hits: 445
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e Arms Act came for consideration before a Division Bench of this court in the case of Arshadullah Vs. The State, reported in 21 DLR 684, Abdullah Jabir, J. in delivering the judgment observed in the relevant portion thus:- "Clause (f) of section 19 of the Arms Act provides punishment for the pos......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......or the State. Criminal Appeal No.137 of 1986. Judgment Anwarul Hoque Choudhury J.- This appeal by the convicted appellant Kazi Ibrahim alias Ibrahim Kazi is directed against the judgment and order dated 19.5.86 passed by the Special Judge, in Special Tribunal Case No.30 of 1984 convic......onvicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the documents and the evidence on record. It appears that in the instant case it is on record that three..Category: Criminal Law | Date: | Hits: 97