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Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....justment plaintiff had balance of US dollar 7,632,497.29 with the said bank. Plaintiff claimed recovery of loss amounting to US Dollar 2,160,879.72 on account of non‑payment of the amount. Thus the total claim of the plaintiff stood at US Dollar 9,810,011.48. 3. Defendant‑petitioner filed an ......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......ণ) within the meaning of section 2(Kha) of the said Ain in spite of the fact that plaintiff is a financial institution within the meaning of section 2(Kha) of the said Act, Artha Rin Adalat has no jurisdiction to entertain and dispose of such a suit and, as such, Court below acted illegally in pa..Category: Civil Law | Date: | Hits: 119
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....) শুল্ক-প্রঃসুবিধা/৯৩ (অংশ-১)/১৩৩ dated 12-5-2008. The customs duty amounting' to Taka 88,00,000 and odd together with the fine amount to Taka 50,000 totaling Taka 88,62,000 and odd was paid vide two Pay Orders dated 15-6-2008 and the same was deposi......here may be instance, as in the present case, where an order of injunction may still be necessary to preserve the subject matter of dispute for proper and effective adjudication of the matter. In the absence of an injunction, the subject matter of the dispute shall cease to exist and, therefore, the......of the dispute between the parties. 17. Mr. Kamal further contends that there may be some force in Mr. Huq's contention that both the parties are located abroad and have no reason to submit to the jurisdiction of this Court. Mr. Kamal submits that this contention would have been proper but for th..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....nd raised monetary claim for the loss and damage of the cargo, cost incurred for the purchase of furniture from the local market, survey fees paid to the Surveyor along with interest of 20% per annum totaling Taka 23,59,325. 3. The suit has been contested by the defendant Nos.1 and 2, through the...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......le for any alleged claim of the plaintiff. 7. Upon the aforesaid pleadings this Court has farmed issues on 29-5-2007 to the following effect: (1) Is the suit is maintainable under the Admiralty jurisdiction? (2) Is there any cause of action against the defendants for filing the instant Suit..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
..
Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......g injunction against other co-sharers. It is the settled position of law that the concurrent finding of fact of the Trial Court aswellas the appellate Court cannot be interfered with in revisional jurisdiction unless such finding is perverse occasioning failure of justice. Since there was no fi..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....h Ali Fahad Al-Sakabi Company at Alphe of Saudi Arabia to Aroma International, licence No.679, a firm belonged to wife of the accused. The cost of each Visa was fixed at Saudi Rival (SR) 4.200/-, and total cost was fixed at SR 4200X41= SR 1,72,200/-, Out of the said amount the accused paid sum of SR......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......tuted against an accused person must he tried under the provisions of the Code and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inherent jurisdiction provided under section 561A of the Code. But a pertinent question may be posed as to ..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ...... 22.03.2009 with an observation that on the face of the provision laid down in section 60(3) of the Artha Rin Adalat Ain, 2003 this matter is to be dealt with the provisions of law ignoring his jurisdiction as an executing court. In fact, unless the decree is not set aside executing court cann..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......6, 17, 18 and 19 relate to disputes between land owners and bargadars and settlement of such disputes and obviously involve agricultural lands. Section 20, 21 and 22 respectively deal with bar of jurisdiction, penalty and power to make rules. Only section 5 deals with benami transaction. In this..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ...... to show cause at to why the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the cas..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..Category: Criminal Law | Date: | Hits: 82
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ....... In the aforesaid decision of the Supreme Court reported in AIR 1962 it is held that: "No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has grant..Category: Civil Law | Date: | Hits: 117
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......sity. According to him this transfer was not genuine and no consideration was passed and the defendant could not prove that the said transfer was for legal necessity. He further contested that in the absence of any proof that the transfer was for the purpose of legal necessity the said transfer cann......on of this Court as well as by other Courts of this subcontinent that the finding arrived at by the lower appellate Court which is a final Court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the power in appeal as well..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......ccountant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre. It is neither a Government service nor a local council service. In the absence of statutory provision, an employee of work-charge establishment has no security of servic......eclarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings in..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....case it was found that Farid uddin in collusion with Iqbal uddin Ahmed Chowdhury, Nasiruddin and Nasrin Chowdhury, officers of the same bank and informant Kaisaruzzaman received Taka 40,00,000/- in total from different account holders, including Taka 8,70,000/- from Juned Ahmed, which they deposit......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ...... sanction of the Government. So the order of taking cognizance of the offence against the petitioner in this case is without lawful authority and as such the entire ease has been vitiated for lack of jurisdiction. In this regard he refers the case of Abdur Rahim Vs. State 48 DLR (AD) 167. Thus accor..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......in 2 BLC (AD) at page 126 in which our apex court held in respect of circumstantial evidence and plea of alibi that "The defence of alibi having been discarded and the room being kept open and in the absence of any acceptable explanation as to how the Wife died in the room of the husband, the only i......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....t Nos.3-7 became unable to invest money and as such the defendant No.1 entered into an agreement for transfer of his share in favour of the plaintiff by a registered agreement dated 11.12.2005. The total consideration of money was fixed at Tk.50, 00,000/-out of which it was stipulated that Tk. 2......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....n flimsy pretext and then M/S. Purbanchal Surveyors Limited was engaged to hold survey of the goods who held the survey on days 16,17 and 21.7.1975. It has been found in the survey, that out of the total manifested quantity, 6 cases were in damaged condition and out of contents thereof 17 were d......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....s to the petitioner, although it was customary for them to prepare a Statement of Account (hereinafter referred to as Statement) for every month by the first week of the following month stating the total sales figure for the month in question as well as the deductions made therefrom in respect of ......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ly failed to pay the same. In such circumstances, the Court held that the company was unable to pay the debt due to the petitioner, and accordingly, it was ordered to be wound up. 26. In our own jurisdiction, in the case of Thai Airways International v. Air Route Services Ltd, reported in 48 DL..Category: Company Law | Date: | Hits: 164
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