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Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

....als and electro plating chemi­cals from U.K. for GBP 8,509,50 and appointed defendant No.2 as pre-shipment inspection agency to issue CRF (clean report findings) certificates after inspection of the goods. The defendant No.2 after receiving documents for­warded the same to their London Office, tha......ure-‘A' to the revisional application and the judgment of this Court dated 8.8.2006 passed in Customs Appeal No.5 of 2004 submits that the trial Court below on assessment of the entire materials on record rightly arrived at a finding that the present suit is neither barred by the provisions of Cus......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, how­ever, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....f a daughter or for that matter of any children as being foreign to human nature. If not proved to be otherwise being an exception in a given case of which normal human conduct or behaviour acting in good faith would be taken notice of by a Court under section 114 of the Evidence Act. Nadira Begum's...... of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surmises and conjectures than with reference to the materials on record or to the law on the subject. 2. It appears that an application was filed by one Syed Amir......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 124

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ...... am satisfied, shows that the respondent No.1 is unable to pay its undisputed debt. The respondent company is out and out a defaulter and is unable to pay the debt. After considering the materials on record and submission made by the learned Advocate for the petitioner it appears to me that it is ju......s case is as follows: The petitioner is a company incorporated in Thailand and is engaged in the business of Air transportation of passengers and cargo. The petitioner has extensive network of air service connecting most of the important cities and countries of world, and it operates flights, amo..

Category: Company Law | Date: | Hits: 145

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

....a civil Court is limited, it cannot sit as a Court of Appeal from decisions of such a body; it cannot set aside the order of such a body; if the said body acts without jurisdiction or does not act in good faith or acts in violation of the principles of natural justice. Excepting this the civil Court......ticularly the letters written by both the sides, that opportunities have been given to the plaintiff to explain his conduct and the allegations have been brought to his notice and there is nothing on record to show that the Executive Committee acted dishonestly actuated by bias, bad faith or the lik...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..

Category: Others | Date: | Hits: 154

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......iving at this decision reliance is placed in the case reported in 35 DLR (AD) 51 (Abdur Rahman & ors. Vs. Sultan @ Sultan and ors). 7. Having given my anxious consideration to the materials on record and hearing the learned Advocates of both the sides I hold that the learned Assistant Judge c......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ..

Category: Procedural Law | Date: | Hits: 112

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ......ted under sections 302/34 of the Penal Code. On completion of investigation police submitted charge sheet on 14‑4‑82 against all the 22 accused persons under the aforesaid sections. When the case record was transmitted to the Special Martial Law Court No.2 Bogra, registered as Martial Law case N......onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......ober, 1996 informed all concerned that lands notified as forest cannot be settled or leased out without opinion of respondent Nos.1 and 3. 8. The purpose of the aforestation, as evidenced from the records submitted by the petitioner, are to protect the newly emerged char lands and also to protect......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......laint the learned Magistrate sent the same to Mohammadpur Police Station for proceeding with the case upon treating the same as a first information report Subsequently, a first information report was recorded with Mohammadpur Police station on 16-11-98 whereupon Mohammadpur P.S. Case No.40(11)98 was......buse of the process of the Court which is liable to be quashed for securing ends of justice. 12. It may be pointed out that Opposite Party No.2 has not entered appearance at any stage, despite due service of notice upon him. 13. Ms. Sarker Tahmeena Begum, learned Assistant Attorney General sub..

Category: Criminal Law | Date: | Hits: 70

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......istant Police Commissioner, Kotwali Zone submitted a report dated 18.04.1980 slating that he took up further investigation into the case, perused the connected papers in the case diary and statements recorded under section 161 of the Cr.P.C visited the place of occurrence on several occasions, that ......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..

Category: Criminal Law | Date: | Hits: 93

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......der section 115(4) of the Code of Civil Procedure in the Court of District Judge, Lakshmipur. 7. The learned District Judge, Lakshmipur upon hearing the parties and on considering the materials on record by his judgment and order dated 4.5.006 rejected the Revision holding that the petitioner bei......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......r list containing the names of 261 voters was in fact approved by the proper authority and therefore the election was lawfully held. 13. Discussion and Findings: I have perused the materials on record including the order dated 28.12.2008 passed by the Deputy Registrar (Bichar), the order dated......itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..

Category: Others | Date: | Hits: 140

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....ons blocked the road by placing a truck and in no time the Mini bus bearing No.Dhaka Metro Cha‑6862 arrived at that place and the dacoits started indiscriminate firing in order to make their escape good. The dacoits in two groups tried to flee away. One group started fleeing towards the south and ....... In this case the prosecution examined 11 witnesses in support of the charge. Defence however did not examine any witness. The learned Additional Sessions Judge upon consideration of the evidence on record found the accused‑appellant Mesbahuddin, Arzan and another Fazlul Huq guilty of the offence......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ..

Category: Criminal Law | Date: | Hits: 87

GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)

....d 2 being the owner of those contain­ers leased out those 311 piece of shipping containers to their agent, proforma defendant No.2 and 3, for letting those containers to the shippers for carrying of goods by sea upon a lease agreement which having been terminat­ed from 5th January 2009, a notice h......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 320

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....ization”. “It’s not bad as a coaching centre/tuition provider.” “A vibrant and promising Organization with enough infrastructure and effective man power.” “It seems the college is under good management.” In the case of the Respondent No.5’s institution it has been described as “C......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......nt No.5 for cheating and fraud and the same is under investigation. It is further stated that many students are getting cheated by the Respondent No.5 and as such the Respondent nos. 1-4 being in the service of the republic have a duty to take steps so that the public do not get defrauded. It is fur..

Category: Others | Date: | Hits: 146

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

....und of fairness but also upon that of the greater practical difficulty which is involved in proving a negative than in proving an affirmative. This Rule is an ancient Rule founded on consideration of good sense and should not be departed from without strong reasons. 11. In the instant case as we ...... is not vested and non resident property with the averments that the suit land originally belonged to Shoilendra Nath Chowdhury and Bhovendra Nath Bhodra was tenant under him. In C. S. Khatian No.261 recorded as Bhovendra Bhadra as owner and Gopal Biswas and others as tenant. Since superior land lor...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ..

Category: Property Law | Date: | Hits: 134

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

.... firm at Khamgaon Vs. Chiramjilal Brijlal, a partnership firm at Khamgaon and others, AIR 1958 Bombay-291, where it has been held ordinarily the measure of damages upon breach of contract for sale of goods is the difference between the contract price and the market price on the date of breach. It is......0. In the case of Jahura Bibi and others Vs. Mvi. Habibur Rahman and others, 15 BLD, 519 it has been held that to adjudge a suit to be barred by limitation, it must appear to be so on the face of the record. 51. In the case of Chief Engineer Roads and Highways Department Vs. Concord Engineers and......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......registered as Special Tribunal Case No.129 of 2003. 5. At the trial the prosecution examined as many as seven witnesses. The learned judge of Special Tribunal No.4, Feni considered the evidence on record and having found that the accused person committed the offence con­victed him under Section ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..

Category: Criminal Law | Date: | Hits: 115

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......s imprisonment; (9) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment; (10) willful damage to prison property; (11) tampering with or defacing history tickets, record or documents; (12) receiving, possessing or transferring, any prohibited article; (13) ...... It is directed further that the persons found responsible in the episode, as aforesaid, be brought to justice by way of an appropriate departmental proceeding against him /them, if not retired from service in the meantime. 35. Before parting with this case we feel it necessary to direct Respond..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....n. The Parishad found the land gifted by Haji Md. Abdul Momith most suitable and convenient for the local public and Haji Md. Abul Momith gifted the land with benevolent intentions of doing something good for the community and he has already transferred his land to the Government by a registered dee......008, the affidavits-in-reply submitted by the petitioner against the affidavits-in-opposition filed by respondent No.3 as well as respondent Nos.5 and 6, supplementary affidavits and the materials on record. 13. On examination of the impugned Memo (Annexure 1 to the writ petition No.3772 of 2008)......ed. 4. Facts of both the writ petitions are more of less the same which, in brief, are as under: The Government in order to strengthen the Union Parishads all over the country and for rendering service to the people of the unions, decided to construct Union Parishad Complex Bhaban (shortly, st..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......y arrived at a finding in a summary pre-emption proceeding that the deed in question was out and out sale deed though the learned Assistant Judge on an elaborate discussion of the entire materials on record dismissed Title Suit No.63 of 1996 by its judgment and decree dated 22-9-1997 (decree signed ......s that the petitioner was a government employee and served as Sanitary Inspector and he had no knowledge about the pre-emption proceedings at the time of deed of exchange, who after retirement of his service built a one-storied residential house with five-storied foundation over the case land by spe..

Category: Property Law | Date: | Hits: 117