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Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ...... Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the Statutory Tribunal has not acted in conformity with the fundamental principles of judicial procedure." From the observation of the Privy Council quoted above,...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......ot been used by P.W.5. A hand-written statement on a plain piece of paper has been signed at the bottom by P.W.5 and that is what has been termed as a judicial al confession. 12. It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) Cr.P. C........ Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......annysons Ltd. and even if the company and its properties are released by the Government, the Company which had obtained the loan before being treated as abandoned would have to pay up the decretal amount. In either case the Bank has nothing to lose, but the petitioners' stake will be very high i..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ...... earlier occasion got the sessions case adjourned on the ground that he would move an application under section 526 of the Code. Subsequently he did not move any such application as a result the bond amount of taka 200/- was forefeited, which he deposited by a treasury challan in the early part of M..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......declaration of her title to a legal character as legal heir of her father……............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he ha...... A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own legal character as a legal heirs of her fat..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if there is consistency between the previous statement and the present testimony of a......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ......tituted by any other co-sharer because in a suit for partition all the parties are in the capacity of the plaintiff. In the case of Md. Habibullah Vs. Movl. Salek reported in 20 DLP page 489 the same principle has been followed. Besides that there were several other decision accepting the same propo....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......sp;5 of the Code. Movable properties casually brought within the court's jurisdiction should not ordinarily be attached unless there are other compelling reasons to do so Tested on this principle a foreign ship which is calling at international ports on her usual voyage, if comes withi......e the judgment until further orders. The attachment order of the vessel in question shall be vacated, as soon as the defendant No. 1 shall furnish bank guarantee or sufficient surety upon the claimed amount of the suit.” As Civil Rule No. 33(F.M.) of 1984 for stay also arises out of the s..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......e and stands concluded by the concurrent finding of act of the Courts below. The learned Advocate however submits that in the alleged contract of reconveyance no period was fixed for repayment of the amount and as such it is not enforceable in law inasmuch as it offends against the rule of perpetuit..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......d in the facts and circumstances of the case it is evident that o show cause notice was served upon the plaintiff only after he had already been removed from his post. This is a violation of the principles of natural justice which will be read into the law in its absence and then for the Courts......tiff had sustained injury. Hence, the suit. 3. The Suit was contested by defendant No.1. The defence case inter alis is that there were charges against the plaintiff for misappropriation of huge amount of school fund, tempering and interpolation with the Books of Accounts but despite repeated r..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......e the same by leading evidence to the satisfaction of the Court as to the existence of a fraud which would invalidate the document itself to the extent of the fraud committed. It is again the settled principle of law that a finding of a Court as to the existence of fraud or the non-existence of the ......ding upon the Court. It is like any other evidence and need be considered in the light of the circumstances of each case. 13. It is found by the Court of appeal below that a suit like this would amount so rectification of a document and hence could only be done by a suit filed under section&nbs..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......led an application for amendment of their petition whereby their claim was shown reduced as under; 1st loan dollar 1,08,899.55=6 98,495.40 2nd loan dollar 57,866.11=Tk.9, 02 531.83 which amounted to dollar total of dollar 1, 66 765.66 or Tk. 26 01,027.33. 4. Reasons for amendment..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......f a sum of Taka 5,000/- in cash in advance on condition that the defendant would execute and register a sale deed within one year from the date of execution of the agreement on receipt of the balance amount of Tata 47,000/- from the plaintiff (In the agreement Ext. 2 none of the aforesaid dates 26.7..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......ispute that the plaintiff is a pardanashin illiterate lady. 3. In the case of Ayna Dasi Vs. Arena Bala Dashi and others reported in 12 DLR 603 it was held that "according to the established principle, in case of a document executed by an illiterate pardanashin lady, the burden lies on thos......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......ure to do so has absolved the port authority, Here in this case it is a clear case of non-delivery of the car and automatically comes within the preview of section 50A of the said Act. This principle finds support in the case. 32. The case of Central Bank of India Ltd. Vs. M/S-Jan Md.......urt, Chittagong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......risdiction, while in the case of an order of discharge passed on the merits fresh proceedings will be improper and will not be permitted. 11. In a proper case an implication for revival may amount to a fresh complaint but barring that for the reasons already recorded a revival is not possi..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......t these words have given retrospective effect to section 87 but the extent of retrospective of the section could not go back to any date before the provisions of Part V had come into force. This principle would apply to the present case also. By the words "whether made before or after......or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemption, also on payment by the applicant of the amount due to the mortagee under the said proviso, the Sub divisional Magistrate or the officer so a..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......which-had been inadvertently committed, but that section could be properly invoked and, apart from points of procedure and otherwise, should be taken advantage of. It/was further, held that "the principle of forfeiture of rights in consequence of a default in procedure by a party to a cause is ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......is book on Limitation Act Vol. II (15th Edition) at page 715 has observed after referring to the aforesaid decisions and other decisions that the Amending Act 1 of 1929 has not effected any change in principle in respect of the starting point of adverse possession regarding disposition of any t......t. A was made by the previous Mutawallis in their secular personal capacities. The learned Munsif held that the possession of the plaintiffs with effect from 26.5.1951 through the agency of the Court amounts to possession of the appellant defendant, that the possession of the plaintiffs through cour..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......t, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny, that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
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