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Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......me spent in prosecuting with due diligence, a proper application for review of judgment, exceed the period prescribed by law for presenting the appeal and in holding so their Lordships reiterated the principle as laid down in Karam Bakhsh Vs. Daulat Ram case reported in 1818 PR No.183. The judicial ......nstant case the bank filed the suit for realisation of money on account of cash credit given against mortgage of the schedule properties. In that suit the plaintiff Bank asked for realisation of an amount of Taka 7,05,81,038.88 by sale of the properties mortgaged against the loan. It is seen from..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......ce charter fee to the petitioner company and it was stipulated that Tk. 52,000/‑ was to be paid each month as charter fee. A further stipulation was that the opposite party No.1 was to pay the full amount of monthly charter fu for the first 7 months of the charter year commencing from the date of ..Category: Civil Law | Date: | Hits: 97
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......e prosecution case proved or established as the burden of proof on the prosecution never shifts. The prosecution in order to succeed must prove its own case beyond all reasonable doubt. This cardinal principle in the administration of criminal justice is well settled and we have nothing to differ wi......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
....eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ......ice Regulation of the corporation. It is further contended that the High Court Division fell in an error in directing to reinstate the writ petitioner despite finding that he had kept with him huge amount of public money without depositing with the bank account, which conduct amounted to misappr..
Category: Employment/Service Law | Date: | Hits: 109
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......13.12.1994 subject to the adjustment of the previous deficit in repayment of loan, but the predecessors of the respondents did neither make any repayment nor adjusted the deficit of the previous loan amount. Kalipada Saha and Brojendra Kumar Saha executed the charge and other documents like balance ..Category: Civil Law | Date: | Hits: 55
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......s alleged. He further submitted that the Labour Court had rightly come to the conclusion that keeping of the valve for 5/6 days and delivering the same to the petitioner‑company on 21.12.83 did not amount to any offence and was, therefore, not act of misconduct by the respondent No.2. 7. Keepin..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......rimination in granting bail to these appellants. (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article ......cate the appellant submits that the privilege of bail should not be withheld by way of punishment. He submits that this long detention of the appellants in jail hajat without satisfactory explanation amounts to a deprivation of the privilege of bail to the appellants by way of punishment and as such..Category: Criminal Law | Date: | Hits: 68
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......nity to know the title of the defendant and that the plaintiff having obtained delivery of possession has still been in possession in respect of the whole of the property. That being the position the principle laid down in the above referred case does not help, rather it goes against the plaintiff a...... of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plaintiff's case, in short, was that the plaintif..Category: Civil Law | Date: | Hits: 76
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......stitution the Parliament is to confer power on the local government bodies to impose taxes for local purpose, to prepare their budgets and to maintain funds but by the impugned Ordinance all those principles were violated and as such the impugned Ordinance is void by operation of Article 7 of th......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......onger voyage through breach of contract, the owner of the goods is entitled to sue for damages. It has further been held that for damages on account of late delivery of goods carried by the ship, the principle of calculating loss for late delivery as in the case of transit by land will be applicable......cific prayer were made for a decree for damage done to the goods by the carrier. But in the present case there is no assessment of any damage or compensation and there is no prayer for decree for any amount as regards damage and compensation of goods damaged. In view of the above, I am of opinion th..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......31 of 1988 (Comilla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before the Village Court is maintainable. 2. The predecess..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330....... but complete. Suddenly the bridge fell into the river the contractor had to incur an extra cost for the bridge and rejoining the same and submitted his bill claiming the extra cost and refund of the amount deducted on account of VAT. There was a over the contractor’s claim for payment of C cost a..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......ent denying the material averments made in the plaint contending, inter alia, in short, that, the suit is not maintainable in the present form, the suit is barred by limitation, the suit is barred by principle of waiver, estoppel and acquiescence and that the suit is false and fabricated. The defend......fendants enjoyed the loan but they did not liquidate the same despite calls and reminders. Fresh charge documents were executed in the year 1965 and also in subsequent years. But the outstanding loan amount was not paid by the defendants. The plaintiff thereafter served a legal notice and ultimately..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......nt has given a different version, the First Information Report story cannot be considered as true and the accused cannot be convicted in consideration of the other evidence on record, It is a settled principle of law that First Information Report is not substantive evidence and it can be only used a......00. The informant immediately took his wife to Dhaka Medical College Hospital and also informed the sister of his wife about the occurrence. Further case of the prosecution is that a few days back an amount of Taka 2,200.00 was stolen by accused from the house of the informant and regarding that mat..Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......nt deems it fit to do so. It has also approved the view of the High Court Division that the impugned area was for the benefit of the local people. It further observed that curtailment of area did not amount to revocation of licence as revocation of licence is contemplated under Rule 8. This observat..
Category: Civil Law | Date: | Hits: 83
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299........ But from reading of section 48 of the Act we do not find that institution of this case under Penal Code is barred under section 48 of the Act by an explicit provision of this Act, It is the settled principle of interpretation of a statute that unless retrospectivity is expressly given to a provisi......cusations, inter alia, that the accused-petitioners in collusion with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons an..Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......Judge of this Court and his Lordship held, “such direction is wrong and un-enforceable in law. Such direction in matters of relationship between man and wife no longer holds good and opposed to the principles laid down in Articles 27 and 31 of the Constitution.” 16. Mr. Hossain has also cited......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ...... obligation arising out of marriage are laid down by Sharia Law. 21. An important obligation is consortium which does not merely mean living together but implies a union of fortunes. A fundamental principle of matrimonial law is that one spouse is entitled to the society and comfort of the other.......ce of the witnesses and others and the dower was fixed at Taka 12,000.00 of which Taka 2,000.00 was deemed to have been adjust as against ornaments and other wedding apparel and half of the remaining amount would be prompt dower. It was further agreed that kabinnama would accordingly be written and ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......te parties, on the other hand, submits that the learned Assistant Judge was perfectly justified in allowing the application under Order 9 rule XIII of the Code of Civil Procedure applying the correct principle of law dominating the field and the same has caused no failure of justice. 10. Mr. Abdu......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......luded, the 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 principle of judicial procedure". 17. In holding that the Court below had jurisdiction in the ma......ollector of Customs dismissed the said appeal. Thereupon respondent company preferred a revision before the Government without any result. Thereafter respondent company filed a suit to recover excess amount collected from them. The Subordinate Judge held that the Court had no jurisdiction to enterta..Category: Fiscal/Taxation Law | Date: | Hits: 125
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