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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. ...... as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......wer appel­late Court was perfectly justified in holding that the transfer in question was for the purpose of legal necessity. He further submits that in coming to his decision he has referred to the evidence on record and reversed the finding of the learned Munsif referring to the material on which..

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. ......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H....... regularising his period of absence from 10.11.1973 on medical ground. These applica­tions are palpably on false ground of treat­ment which had caused irritation to the authority. He also found the evidence of 2 attending physicians as unsatisfactory. The plaintiff could examine himself in the Mym..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....esponding to Kotwali Police Station Case No.39 dated 17.12.2004, under sec­tions 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of I......d Farid uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23.01.2003 received Taka 8, 70,000/-from Juried Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signa­ture and giving seal of the bank therein. On 17.11.2003, when ......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. ..

Category: Criminal Law | Date: | Hits: 85

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....they would not adduce any evi­dence on their behalf. 7. After hearing the learned Advocates for both the sides and on perusal and on analysis of the evidence on record and so also considering the facts and circum­stances of the case, the learned trial judge came to the finding that the prose­c....................................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirm......d to him. 5. To substantiate its case the prosecu­tion in all examined as many as 11 (eleven) witnesses. On the other hand, none was examined on behalf of the defence. 6. On the closure of the evidence of the prosecution the accused-persons were examined under section 342 of the Code of Crimi..

Category: Criminal Law | Date: | Hits: 97

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....he defendant No.1 by an order of ad interim injunc­tion from dispossessing the plaintiff from the suit tea estate and from inter­fering with the peaceful possession of the plaintiff reiterating the facts as stated in the plaint. 5. That prayer for injunction was con­tested by the, defendant No......Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul......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? 4. Whether the plaintiff was entitled to get relief as prayed for? 5. Whether, the plaintiff is entitled to any other relief? 10. After hearing of all the issues and after considering the facts and circum­stances, evidence on record and other legal aspects, the learned Subordinate Judge......d in: 16 MLR (HCD) (2011) 369. ......iable to compensate for the alleged loss which might have been suffered by the plain­tiff. Therefore, the suit was liable to be dismissed as against these defendants. 5. Upon consideration of the evidence on record and hearing both the sides of the counsels and with reference to the statute and ..

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. ......te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to-  Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit......imed to be tried in accordance with law. 4. In order to bring whom the charge against the instant accused petitioner and other accused prosecution examined 6 wit­nesses. After the closure of the evidence of the prosecution witnesses the instant peti­tioner and the other accused absconded. Ther..

Category: Criminal Law | Date: | Hits: 104

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....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. ......ry Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Cathay Pacific Airways Limited, 5/F, South Tower, Cathay Pacific City, 8 Scenic Road, Hong Kong International Airport, Hong Kong and having its local office at "Baliaree" (2nd floor), Plot No.30, Road No.130, Gulshan-1, P.S.-Guls......t is undisputed and yet the company refuses to pay, a winding up petition is maintainable. 25. In Raj Kumar and Brother Vs. Organic Chem Oils Ltd, reported in (1998) 93 Company Cases 386, therewas evidence on record that a certain amount of money was lawfully due to the petitioner and the respond..

Category: Company Law | Date: | Hits: 164

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....ion/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defen­dant Niko Resources (Bangladesh) Ltd. prays for rejection of the plaint on the facts and circumstances stated therein. 2. So far the grounds for the instant application is conc......on (Dhaka) (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Penta Marine Services Limited....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application ......sions of Article 137 of the Limitation Act. 28. On the other hand the learned Advocate Mr. Tanjib-ul-Alam, argued that the question of limitation is a mixed question of law and fact and unless the evidence is taken regarding when and how the limitation has started or ended no decision on the poin..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

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

....Advocate appearing for the defendant-petitioner submits that the learned Joint District Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an e......l of this Rule is that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th Court, Dhaka impleading the defendant-petitioner and others for recovery of damages and compensa­tion on the averments that the plaintiff as an impo......4.2002 in respect of illegal and negligent activities of the defendant Nos.1-2 and the National Board of Revenue by its letter dated 21.4.2002 asked the defendant Nos.1-2 to produce all documents and evidences in support of their C.R.F. value and there­after, on 27.5.2002 the National Board of Reve..

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

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

....ce the High Court is seized of the case in the exercise of such juris­diction it can in accordance with section 115, C.P.C., "make such order in the case as it thinks fit." Having regard to these facts and circumst­ances and our discussion above, we find that there is no substance in the conten......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made ab­solute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agen­cies, 16 DLR (SC) 155. Lawyers Involved: ......plication was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any cross-examina­tion nor the applicatio..

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

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

.... not satisfied this Court that it is capable of repaying the admitted debt of Taka 4,85,000.00. No proposal has been made as to how and when it would be able to pay its debt to the petitioner. In the facts and circumstances of the case it appears that the respondent No.1 is unable to pay its admitte...... Vs. Air Route Service Limited, others......................Respondents Judgment June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the af......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. ..

Category: Company Law | Date: | Hits: 145

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

.... 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. ......High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Abu Ahammad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appea......y Lord Denning who said that if the right to be heard is a real right which is anything, it must carry with it a right of the accused man to know the case which is made against him. He must know what evidence have been given and what statement have been made affecting him and then he must be given a..

Category: Others | Date: | Hits: 154

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)

....essionsJudge to prepare the "Review note" and acted on the recommendation made therein to convict the petitioner who was acquitted by the SummaryMartial Law Courtby giving reasons based on finding of facts and thereby the CMLA shared his power ofreview with theSessions Judge of which there is no san...... M A Aziz J Abdur Rahman………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs  and others………………………………………..Respondents Judgment April 3, 1997. ......l Law Court No.2 Bogra, registered as Martial Law case No.18 of 1982. 4. To prove its case prosecution examined as many as 16 P.Ws. and the accused persons examined 4 D.Ws. On consideration of the evidence on record, the trial Court namely, the Special Martial Law Court No.2, Bogra by Judgment an..

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)

....undaries or borders; ownership of the same belongs to the State and not the government to allow arbitrary decisions over the same in violation of lawful decisions and documents. 46. From the above facts and circum­stances, we hold that the respondents Nos. 6, 7, 8,11 and 12 have no authority to ...... Md. Imman Ali J Md. Abu Tariq J Bangladesh Environmental Lawyers Association(BELA)……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others……………………..Respondents Judgment September 9, 2010. ......ondent No.3, 30 October, 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 ..

Category: Environmental Law | Date: | Hits: 891

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

....No.4182 of 1998 pending on the Court Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadul Hoque claiming him......LC (HCD) (2011) 118. ......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. ..

Category: Criminal Law | Date: | Hits: 70

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

....led by the police. He further argues that the Magistrate has jurisdiction to direct further investigation and the police also can submit successive reports. The learned Advocate submitted that in the facts and circumstances of the present case the impugned order dated 29.09.1979 should be construed ......with M. K. Dastidar—For the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and ...... and moreover he stated that the complaint, himself was not at all available at the time of occurrence at the P.O. and so at that this state while the subsequent I.O. stated that there was no genuine evidence about the alleged occurrence and while no requisition from any higher Court is received til..

Category: Criminal Law | Date: | Hits: 93

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

....in the Artha Rin Adalat and Joint District Judge, Court No.1, Lakshmipur directing the petitioner to deposit 25% of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Material facts of the case as necessary for the disposal of the Rule are that the opposite party No.1 Pubali ...... Present: Sheikh Abdul Awal J M. Moazzam Hussain J Harunur Rashid Bhuiyan.......................Petitioner Vs. Pubali Bank Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. ......, 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)

....iscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. The Gafargaon UCCA is a registered Co-op......ivision (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J     Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made abs......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)

....nd sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Case No. 33/89 on 6‑9‑91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the FIR and gathered from the evidence are as follows: On 10‑12‑88 at ab......€¦â€¦â€¦Appellants Vs. State……………………………………….Respondent Judgment January 31, 1996. Result: The reference is rejected. The Criminal Appeal No.1064/92 and Jail Appeal No.823/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM M......, Narayangonj in Sessions Case No. 33/89 on 6‑9‑91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the FIR and gathered from the evidence are as follows: On 10‑12‑88 at about 7/7‑30 P.M. while the informant Shafiqul Isla..

Category: Criminal Law | Date: | Hits: 87