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Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
.... consignment in question 'Gilgandra Marketing Co-Operative Limited' as plaintiff filed legal proceeding in the Supreme Court, New South Vales, Australia against Australian Commodity & Merchandise Pvt. Ltd, MSC Mediterranean Shipping Company SA. NYK Line and MISC Berhad. The Australian Co......rritorial waters of Bangladesh the vessel and cargo becomes subject to the municipal laws of Bangladesh. In the event that the vessel thereafter seeks entry into the Chittagong Port Area, it is to be noted that the Port area is delineated under Sections 4 and 5 of the Ports Act. 1908 as well as Sect..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... 1. ......cate for the petitioner laid emphasis to that effect tile observation made in paragraph No.44 of the said cited case is a ratio decidendi which is binding upon this Court. 21. It is important to note that there is world of difference between ''obiter dictum'' and 'ratio deci..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....of the petitioner and behind his back; when the petitioner approached Respondent No. 2 to provide the audit report along with the papers, but the Respondent No. 2 showing different reasons delayed to hand over the audit report and books of account of the Company; that Article 38 of the Art......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....rvisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the materials on records. ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....ved: Abdus Salam Mondal, Deputy Attorney General instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellants. Munsurul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent. Civil Appeal No.205 of 2007. (From the j......t had already been completed before the resolution was taken by the Hon’ble Minister staying the implementation of the concerned project under the A.D.P. cluster Project No.31. 10. We also note that there is no denial that the portion of the project undertaken by the respondent was comple..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... cause of action arises is not tenable and sustainable in the eye of law. Learned Advocate for the petitioner has referred to the decisions decided in the cases of SM Anwar Hossain Vs. Shafiul Alam (Chand), 4 BLC (AD) 106 and Jubayer Vs. State 15 BLC 432. He lastly submits that since the company has......nciples of quashing the proceedings was, subsequently, followed in the decision laid down in the case of Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) (1997)44 =2 BLC (AD) 16. 14. It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......ntending inter alia that the owner of the property migrated to India for good before 1965 and the property was vested with the Government as per law and that the RS Khatian No.390 was recorded with a note that Brojo Mohon was leaving in India.
7. The trial Court dismissed the suit by the judgme..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
.... respondents not to arrest and harass the petitioner without due process of law in connection with the present case. 3. Mr. Momotaz Uddin Fakir, learned Additional Attorney-General, on the order hand, submits that since the petitioner is not an accused in this case there is no scope to give dir......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
.... to issue certificate to the judgment debtor for private sale of mortgaged-property; the executing Court is under no obligation to accord permission for sale in favour of Ragib Ali. On the other hand, it is urged on behalf of Kutub Uddin that the facts revealed that as the transaction between t......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....ion in a criminal case. A chance witness is one who claimed to be present at the place of occurrence at the time of occurrence when and where he is not normally expected to be present. In the case on hand, a rickshaw puller was going to his home and at the time of crossing the place of occurrence he...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....8-00 PM they reached a place named Baterhat and by leaving the rickshaw proceeded for home on foot. When they reached a place named Kushumbi accused Najrul lslarn came across them with a torch in his hand and expressed to the informant, "I shall marry you, come with me." When the informant......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... PLD 73 (FB); 1975 PLD 69. Lawyers Involved: Rokanuddin Mahmud, Md. Asaduzzaman, Imtiaz Uddin Ahmad Asif and Nazmun Nahar Choudhury, Advocates—For the Petitioner. Imtiaz Mahmod, Khandaker Reza-e-Raquib, Imranul Kabir and Mejbahur Rahman, Advocates—For the Respondent No.1. ......n Nahar Begum reported in 51 DLR (AD) 172, Bangladesh Vs. Sheikh Hasina reported in 60 DLR (AD) 90, 49 DLR (AD) 164, PTR Exports (Madras) (P) Ltd. Vs. Union of India AIR 1996 SC 3461 (para 5 and Head note), Asif Hameed Vs. State of J & K AIR 1989 SC (para 19 & Head note, 2 SCC 3431 (pa..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
...... security of the State or of discipline. The police report upon which he was terminated is also silent upon the aforesaid aspect. Nevertheless on perusal of the exhibited; documents it is apparent to note that the plaintiff-petitioner obtained special passport by order of the President of the People..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....d the Mrs. Farhat Hasan agreed to sell. Accordingly, she executed a bainapatra dated 16-2-1986 in favour of the writ petitioners on receipt of Tk.10 lakh and delivered possession of the same and also handed over the relevant papers to the writ petitioners. Subsequently, said Mrs. Farhat Hasan receiv......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....;ing of petroleum products as its commissioner agent the said decision made in the said income tax reference application is equally applicable to the instant assessee-applicant. 10. On the other hand, learned deputy attorney-general Mr. Abdur Rahim Bhuiyan without taking any pain of argume......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
.... further find that if there is no specific provision of appeal or filing complaint in the relevant Loan Agreement, then Sections 29 and 39 of PPA and Rules 56 to 60 will be applicable. In the case at hand, since there is no contradiction between the Loan Agreement and the PPA and PPR and, furth......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....sult, they are given appointment as Aircraft Mechanic. Their educational qualification should be SSC (Science) and HSC (Science) having minimum second division in both examinations. On the other hand, for the casual labour, no specific qualification and training is required. The respective......he Engineering Department, Time Officer, Bangladesh Biman Corporation. The petitioners were appointed on the basis of the decision taken by the Biman on 13-10-1996 as appeared in the office note stated in paragraph 3 of the writ petitions and subsequently their services were extended ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....tion witness under section 161 of the Code of Criminal procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 14. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witness......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....cution witnesses under section 161 of the Code of Criminal Procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 16. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witness......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....m the plaintiff was returned back and thus, erred in law in dismissing the appeal. 7. Mr. Abdul Wadud Bhuiyan, learned Advocate, entering caveat on behalf of the plaintiff-respondent, on the other hand, supported the impugned judgment and decree on the submission that the High Court Division bein...... then on 27-9-1982 an agreement was executed as a security of the loan for an amount of Taka 1, 65,000 on good faith, though, in fact, a sum of Taka 1, 25,000 was only paid to him which fact was duly noted in his diary. Subsequently on 15-10-1982, the plaintiff paid Taka 11,000 to the defendant whic..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
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