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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....able property which has been done in the present cases, and a hypothetication of movable property though not accompanied with delivery of possession is valid. As a transfer of movable property is not complete without delivery of possession, such hypothetications have been described as creating an eq......em Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Janata Insurance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limi......espectively but taking into consideration of the business transacted by them, it can not be said that in true sense it is a mortgage, for the Transfer of Property Act refers to mortgages of immovable property and the Contract Act refers to pledges of movable property. None of the Acts deal with mort......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....er submits that an Opposition can be abandoned only when there is non-compliance with the provision of Rule 33(1) and it the Registrar does not otherwise direct and in the present case there has been complete compliance with the provision of Rule 33(1). Dr. Zahir further submits that the respondent ...... High Court Division (Special Appellate Jurisdiction) Present: Syed Amirul Islam J Mirza Hussain Haider J Abdul Motaleb & others..................Appellants Vs. Aftab Miah and another.................Respondent Judgment August 21, 2002. Cases Referred To- Cre...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132....... This Case is also Reported in: 56 DLR (2004) 132.......eputy Attorney-General that since this point was not agitated and argued at the trial, the defence is now estopped and debarred from agitating this point at this belated stage. 10. For the sake of proper appreciation of the points raised we intend to discuss the evidence as under: PW 1, Monowara ......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....ng a definite tendency pointing towards guilt of the accused person and, though, each of the circumstances by itself may not be conclusive but the cumulative effect of proved circumstances must be so complete that it would exclude every other hypothesis and unequivocally point to the guilt of the ac......Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Ba......hah Alam and went to her father informant PW 1 Abdul Gafur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Ro......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120....... Lawyers Involved: TH Khan with Md. Oziullah, Advocates‑For the Petitioner. Md. Hefzul Bari with Shamsunnahar Bari, Advocates‑For Respondent Nos. 1‑5. Tufailur Rahman with Sufia Ahmed and AKM Mohiuddin Chowdhury, Advocates-For Respondent No. 6. Writ Petition No. 7377 of 2002. J...... 9‑11‑2002 and in case of modifying any order of transfer, no reason is to be assigned. The respondent No.6, further stated that he joined Khagrachari O & M Division on 19‑11‑2000 and for proper execution of the development work, his continuous stay in the place of posting was considered......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R......Ekushey Television Limited required to broadcast its programmes through a satellite channel without any hindrance and/or such other or further order or orders passed as to this court may seem fit and proper. 3. In this petition it has been stated, inter alia, that Ekushey Television Ltd. shortly,......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......is Case is also Reported in: 56 DLR (2004) 82. ......XXIX rule 7 reads- "7. (1) The Court may, on the application of any party to a suit, and on such terms at it thinks fit‑ (a) make an order for the detention' preservation or inspection of any property which is the subject matter of such suit, or as to which any question may arise therein; ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ontemner-opposite party No. 1 over telephone regarding holding of the AGM and again by his letter dated 22‑7‑2003 requested the contemner-opposite party No. 1 not to waste any further time and to complete all formalities for holding of AGM of the Bank. This letter is annexed as Annexure‑'X‑2...... High Court Division (Statutory Original Jurisdiction) Present: Syed Amirul Islam J Akhteruzzaman Chowdhury..........................Contempt Petitioner Vs. Hamidul Huq, MD, UCBL and another............Contemner‑Opposite Parties Judgment November 2, 2003. Lawyers Inv......assed by this Court on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company Matter No. 2 of 2000 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....e occurrence took place over quarrel in between Solema Khatun, the sister of informant, and her husband and debors. He denied the defence suggestion that the deceased returned back to his house after complete recovery prior to his death. 14. PW 10, a police officer, claimed to have prepared inque....... This Case is also Reported in: 56 DLR (2004) 69....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....istence of the beneficiary, and the buyer, seller and the negotiating bank all colluded with each other to defraud the bank. He submits that when the entire payment under the letter of credit was not complete, the bank was still entitled to withhold payment. Submission may be ingenious but is of no ......nce. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....y tenant under the plaintiff. In that view of the matter the presence of Dhaka City Corporation as a defendant in the suit is neither necessary nor proper in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The trial Court has......rty No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title S......e defendant is occupying the same on permission of Dhaka City Corporation. In a suit for ejectment of a tenant third party who is not claiming tenancy under the plaintiff is neither a necessary nor a proper parry. The submission of the learned Advocate Dr. Kazi Akter Hamid will be available in a sui...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza and others........................................Respondents Judgment April 8, 2009. Resu......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......at the decision of the High Court Division and the decision of this Court in the case of BSI Corporation Vs. Mahbub Hossain reported in 29 DLR (SC) 41 is still shining the path as the polestar to the adjudication of the issues regarding terms and conditions of employees of statutory bodies is miscon..Category: Employment/Service Law | Date: | Hits: 95
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......nt Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No.......ated that only 4 accused had assembled for committing dacoity and accused Karam Ali was one of them. In such view of the matter, we hold that the charge under section 399 of the Penal Code is neither proper nor legal. In the facts of the case, there could be a charge for preparation for committing r......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......est of justice. 10. Mr. FKMA Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the learned Divisional Special Judge on detailed discussion and proper consideration of the evidence on record, both the oral and documentary, was perfectly justifi...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....uch as sections 173, 205C, 265B and 265C of the Code. Relevant portions of sections 173 and sections 205C, 265B, 265C are reproduced below: 173. (1) Every investigation under this Chapter shall be completed without unnecessary delay, and as soon as it is completed, the officer-in-Charge of the po......1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded under section 164 of the Code of Criminal Procedure whi...... bar for using documents in evidence which were not transmitted along with record to the Metropolitan Sessions Court by the learned Magistrate. We are of the view that in order to decide the question properly, we are to consider some relevant sections such as sections 173, 205C, 265B and 265C of the...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Abdul Mannan (Md) ……………………Petitioner Vs. Swaraj Roy and others ………………..Opposite-Parties Judgment December 5, 2001. Cases Referre...... being of the view, “the case of respondent No. 1 clearly comes within the exception of the general principle of addition of party in a suit for specific performance of contract and that he is a proper party to be added as a defendant in the suit for proper adjudication of the real dispute as t......comes within the exception of the general principle of addition of party in a suit for specific performance of contract and that he is a proper party to be added as a defendant in the suit for proper adjudication of the real dispute as to whether the Bainapatra in question is a fake one and as to wh..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......ed……………………Petitioner Vs. Chairman, Labour Court……………………Respondents Judgment November 23, 1999. Case Referred To- Chairman, Power Development Board and others Vs. Chairman, Labour Court, Khulna Division and another, 1981 BLD (AD) 59. Lawyers Inv......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271....... birth of the respondent No. 2. 13. Mr. Azizul Hoque, his learned Advocate appearing on behalf of the respondent No.1, submits that the respondent No. 2 has right to go before the Labour Court for adjudication of his case i.e. the determination of the respondent No. 2’s date of birth. But he fo..Category: Labour and Industrial Law | Date: | Hits: 117
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......ry action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......te party with one Advocate Mr. Kamal, about her going to Cox’s Bazar with Mr. Kamal to different cinema halls, the trial Court disbelieved these allegations for want of direct evidence and recorded proper reasonings. According to the principles laid down in the case law reported in 1997, 13 BLD 56......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ...... Rahman Fakir is an appeal before the Supreme Court of Pakistan which was preferred by the plaintiff against the order of the High Court returning the memorandum of appeal for presentation before the proper Court. Suit was for partition. Issue was what should be the value of the suit for the purpose......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Ltd……………………..Petitioner Vs. Mazid and Co. and others................ Opposite Parties Judgment December 3, 2000. Cases Ref......l be made nugatory. Accordingly, since the aggrieved party sought relief before the court in revisional jurisdiction challenging the impugned order, which on the face of it is illegal, it will not be proper to say that the High Court has no jurisdiction to set aside the same on the ground that no re...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
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