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Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......uddin Mahmood relied upon is the minority view and the majority view categorically decided that the provision of Order 7 Rule 11 of the Civil Procedure Code, 1908 is not applicable in the Admiralty jurisdiction. 7. The referred case is of M/S. Saleha Still Industries Limited Vs. Tss Pacific Abe..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....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. ......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. ......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)
....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. ......less widow and thus not at all competent to manage the Wakf properly. These conclusions as to obtaining original Mutwalli by undue influence and her subsequent incapacity as a Mutwalli because of her absence from Barisal was arrived at by a curious process of reasoning which is not understood by us.......ence the instant proceeding whether before a Court of first instance or before a Court of appeal or before a Court of revision against the same party for the same relief which, however, for want of jurisdiction, was unable to grant the desired relief. Furthermore, it is now well settled that the L..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ition and marked as Annexure'D','D1,'D2'&D3'. The petitioner by its letter dated 2‑6‑92 while acknowledging receipt of Taka 35,000.00 reminded respondent No.1 that as per schedule given by it total amount of Taka 65,000.00 was to be paid by 30th May 1992 and as such the petitioner requested ......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. ......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. ...... 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. ......olation of Article 24 of the Articles of Association and in violation of the principles of natural justice and acted in bad faith civil Court may interfere. It has been held in this decision that the jurisdiction of a civil Court is limited, it cannot sit as a Court of Appeal from decisions of such ..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. ......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. ......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
....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.
......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.
......n exercise only the powers as conferred under Regulation 4. Therefore, there is hardly any doubt that the Sessions Judge acts as a persona designata and not as Criminal Court which is amenable to the jurisdiction of the High Court under sections 435/439 of the Code of Criminal Procedure. Therefore, ..
Category: Constitutional Law | Date: | Hits: 259
....brought under proper legal process. Decisions over development must properly with State and public interest against self interest of few business people.
36. We stress that our intention is not to totally prohibit the ship breaking business, provided they conform to the applicable laws, rules and......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.
......ents Nos. 6, 7, 8,11 and 12 have no authority to lease out seashore. Again the leasing out of coastal areas and forest lands without conforming to applicable laws and legal requirements are without jurisdiction and of no legal effect. Respondent No.7 has no legal authority and jurisdiction to leas..
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. ......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. ......Criminal Procedure on the ground that the civil Court has already seized of the question regulating possession of the disputed land in civil suit between the same parties the Magistrate acted without jurisdiction in initiating the impugned proceeding under section 145, CrPC. Having gone through the ..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. ......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. ......r the submission of the charge-sheet by the police, the Magistrate can discharge the accused on the basis of a final report subsequently filed by the police. He further argues that the Magistrate has jurisdiction to direct further investigation and the police also can submit successive reports. The ..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......strator of Waqfs is a Court subordinate to the Civil Court or the High Court Division in respect of all other orders passed by him under all other sections of the Waqfs Ordinance. On the contrary the jurisdiction of the District Judge and the High Court Division over the actions and orders of the Ad..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....ence does not arise at all. Mr. Mamunur Rashid, finally submits that the grounds taken in the revisional application as well as the contentions as raised by the learned Advocate for the petitioner is totally misconceived and untenable. 10. We have heard the learned Advocates of the both sides, pe......, 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. ......, 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)
....formed and the date of holding election was fixed on 20.10.2008. The existing Managing Committee in a meeting held on 12.08.2008 decided that they would publish a voter list containing 456 out of the total 461 persons. But a voter list containing only 261 voters was sent to the Election Committee an......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. ......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
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....ed that the liability of committing murder and committing dacoity being joint liability all of them should be convicted under section 396 of the Penal Code. 5. Upon reading the evidence in its sum totality, we find that the prosecution has tried to establish that accused Mesbahuddin, Arzan and Fa......n no item of goods was found with the arrested dacoits. Therefore, the presumption that they had committed the dacoity in the Mini Bus No.Dhaka Metro Cha‑6862 is nothing but an idle thought. In the absence of any positive evidence as to commission of dacoity in the bus, it cannot be held that daco......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
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......equent to the letters of Guarantee is seen by this court to lie against the said Defendant and the suits cannot, therefore, be completely decided and no effective decree consequentially made in their absence.
Accordingly, the court finds no merit in the Application.
In the result, the Applicat......e obtained against the P. & I. clubs on the letter of Guarantee. In considering Ms. Jahan's arguments it has not escaped this courts attention that not only have judicial pronouncements in this jurisdiction endorsed and sanctioned the effect of a guarantee and the consequential obligations of ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....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. ...... of Section 3(2)(Ja) of the Admiralty Court Ain, 2000 since the claim for recovery of those containers are essentially a claim which attracts the Provision of the Section as such the Admiralty Courts jurisdiction. The learned Senior Advocate Mr. Ajmalul Hossain QC referred the case for the SONIA S r..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....oning by obtaining interim orders from the High Court Division pursuant to Writ Petitions filed by them, the Respondent No. 5 does not have any such Court Order in its favour and as such is operating totally unauthorizedly. The learned Advocate further submits that the certificate of Diploma awarded......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:
......ity of London, University of Northumbria and University of Williamsburg with name and fame. It has successfully produced hundreds of law graduates who are practicing law either in local or in foreign jurisdiction and as such the question of thousands of students being defrauded by the Respondent No...
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....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. ......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. ...... Vs. Md. Hazrat Ali Talukder and others, 49 DLR, 564. It has been held that the question whether the Court fee paid was sufficient or whether the suit is barred by limitation or whether the Court has jurisdiction to entertain the suit has been adjudged as preliminary issues and it requires determina..Category: Civil Law | Date: | Hits: 200
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