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Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......out of First Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)

.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......ccrued otherwise than by purchase, that is, by inheritance. The learned Munsif, therefore, by his order dated 20 June 1979 dismissed the application for pre-emption. On appeal the learned Subordinate Judge reversed the finding in respect of the pre emptees position holding them to be co-sharers by p..

Category: Property Law | Date: | Hits: 72

Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)

....any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......ure for review of the final decree. 2. The learned Munsif after hearing the parties dismissed the petition. Thereafter, the defendants moved the High Court Division in revision. The learned Single Judge took the view that though the learned Munsif No.29 dated 27.5.1975 fixed the date on 6.6.1975 ..

Category: Procedural Law | Date: | Hits: 72

Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)

....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......7 of 1999. Judgment Obaidul Hassan J. - This appeal has been preferred by the appellants against the Judgment and Order of conviction and sentence dated 31st October, 1999 passed by the learned Judge, Special Tribunal No.4, Rajshahi in Special Tribunal Case No.15/99 convicting the appellants u..

Category: Criminal Law | Date: | Hits: 68

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......ppeal by special leave arises out of a judgment pas­sed by the High Court Division in Civil Re­vision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, r..

Category: Procedural Law | Date: | Hits: 80

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......s appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed. The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sec­tions 302, 307/302/149 and 148 of the Penal Code. The tri..

Category: Criminal Law | Date: | Hits: 74

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......and compensation. 4. The facts leading to the filing of this appeal are that Alhaj Sadequr Rahman Chowdhury instituted a suit being Other Suit No.121 of 1988 in the Court of First Senior Assistant Judge, Sadar, Chittagong, praying for a decree for ejectment and compensation against M/s. Anupam Tr..

Category: Tenancy Law | Date: | Hits: 210

Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)

....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......be fraudu­lent and void, but the first appellate Court reversed the finding and held that earlier decree was based on a genuine compromise and was a valid decree. On second appeal the learned Single Judge of the High Court, reversed both the findings of the first Court of appeal below and set aside..

Category: Property Law | Date: | Hits: 63

Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......g the suit, the appellant made and moved an application for stay of all further proceedings of Money Execution No.6/1998 till disposal of the suit. On hearing the application, the learned Subordinate Judge found the suit as framed not maintainable and rejected the plaint by the impugned order. 4...

Category: Business or Commercial Law | Date: | Hits: 190

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....tification as there was no bar in law for extending the time of registration of the registered graduates. 12. The election result were unofficially declared by the Pro-Vice-Chancellor, who was the Presiding Officer at the TSC centre, on 18-6-99 at about 8-00 AM and thereafter the official result ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..

Category: Election Law | Date: | Hits: 105

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......issues raised are common, the appeals were heard together and now, disposed of by this judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03..

Category: Business or Commercial Law | Date: | Hits: 211

Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)

.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit for S..

Category: Property Law | Date: | Hits: 55

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......t of loading to the port of delivery arose out of various contracts. So it is not correct to say that the claim of compensation for damages is independent of any contract. Thus, the learned Admiralty Judge was correct in holding that the suit is not maintainable in Admiralty jurisdiction on this cou..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)

....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......s application the plaintiff Amir Hossain represented by the learned Advocate Mr. S.K. Siddique prays for withdrawal of the Money Suit No.30 of 2008 now pending in the Court of 2nd Additional District Judge, Dhaka and to adjudicate the same along with the instant case by this court. On the grounds th..

Category: Admiralty Law or Maritime Law | Date: | Hits: 196

H.M. Kabir @ Alamin (22) Vs. State, 2011, 40 CLC (HCD)

....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......of G.R. Case No.265 of 2008 corresponding to Tejgaon Shilpanchol P.S. Case No.42 dated 30.7.08 under section 394 of the Penal Code, now pending in the Court of the learned Joint Metropolitan Sessions Judge, Court No.4, Dhaka. 2. In a case under section 394 of the Penal Code the petitioner was obt..

Category: Criminal Law | Date: | Hits: 64

State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)

....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......997 with Jail Appeal No.1708 of 1997. Judgment Amirul Kabir Chowdhury J.- Death Reference No.15 of 1997 under section 374 of the Code of Criminal Procedure has been made by the learned Sessions Judge, Natore in Sessions Case No.6 of 1994 in confirmation of the sentence of death imposed upon co..

Category: Criminal Law | Date: | Hits: 62

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ...... Md. Mozammel Hoque J.- These two First Appeals namely, First Appeal No.85 of 1997 and First Appeal No.158 of 1999 are directed against the judgment and decree passed on 24-3-1997 by the Subordinate Judge and Commercial Court No.1, Dhaka in Title Suit No.1 of 1996. Since these two appeals have aris..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......30-6-1986 before the General Certificate Officer, Dhaka and the petitioner was ordered to pay Taka 56,74,232 within 30 days. The petitioner filed the suit being TS No.4 of 1989 before the Subordinate Judge and Artha Rin Adalat No.2 Dhaka for declaration that the claim of the respondent Bank as inclu..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......issued on 14.7.2003 at the instance of the Plaintiff-Respondent-Petitioner Md. Rafiqul Islam Liton is directed against the judgment and decree dated 4.4.2003 passed by the learned Additional District Judge, 1st Court, Narayangonj in Title Appeal No.132 of 2001, allowing the appeal, dismissing the su..

Category: Property Law | Date: | Hits: 74

Abul Kalam Vs. State, 2011, 40 CLC (HCD)

....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ney General. – For the respondent. Criminal Appeal No.2048 of 1993. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 29.9.1993 passed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 convicting the appellant under sections 302/201 of..

Category: Criminal Law | Date: | Hits: 58