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HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....of the different main line operators. Upon a subsequent application of the plaintiff, the vessels MV X-Press Manaslu and MV X-Press Resolve were arrested by this Court as security for the plaintiff's claims. 4. In the application for vacating the order of arrest it is stated, inter alia, that no ......€¦â€¦..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A loss occasioned by an A...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....ch determination must be held to be without any lawful authority and jurisdiction. The Ministry of Industries was never in management and possession of the schedule 1 (kha) property. The agreement as claimed by the plaintiff with the Ministry of Industries must be held to be illegal and not enforcea......st the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops ther......ed through an Executive Engineer (Building) at Taka 6,33,256. As directed, the plaintiff deposited 25% of the valuation Taka 158,328 as down payment and the Ministry of Industries upon receipt of the money on 16-1-95 made an agreement with plaintiff to transfer said schedule 1-(Kha) property and all..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....never ceased to be the printer, publisher and editor by operation of Article 147(3) of the Constitution as alleged by the petitioner. It is contended in the affidavit-in-opposition that the aforesaid claim of the petitioner was misconceived being based on misconstruction of Article 147(3) of the Con......Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of...... Director General and the Secretary of the said Association to show cause as to why the orders passed by them requiring him to pay the arrear gas bills in connection with the canteen and the donation money due from him to the Association should not be declared to have been passed without lawful auth..Category: Information Technology Law | Date: | Hits: 324
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
.... restrain the opposite parties from evicting the petitioners from the suit land. The other grievance is about the money spent for the development of the land for constructing the Two Star Hotel. This claim is essentially a claim for compensation arising out of acquisition of the case land and in tha......J.- This Rule is directed against order dated 29-8-2001 passed by the then 4th Subordinate Judge (Now Joint District Judge), Dhaka, in Title Suit No. 10 of 2001 rejecting the petitioners' application for injunction filed under section 151 of the Code of Civil Procedure (hereinafter called "the Code"......id compensation but the learned Trial Court laboring under misconception of law rejected that prayer which is not sustainable in law. Mr. Azadi also vehemently argued that without paying compensation money the acquisition authority cannot take possession of the acquired land. The learned Advocate fu..Category: Civil Law | Date: | Hits: 99
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the 1st Court of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for continuation of the sentence of death imposed upon the accused Abdul Mannan alias Mona Miah, son......and one Mariam Bibi stated to him that the condemned-prisoner gave fists and blows on the victim on the night of occurrence and then she died. He further stated that his daughter was done to death as money demanded by the accused was not paid. In his cross-examination, he admitted that he filed the ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
.... the voting President's Order No.1M-35/71/ B dated 26-12-1971 possession of the properties of writ petitioner No.1-respondent No.1 was taken over lawfully by the Government; that the writ-petitioners claimed ground rent at the rate of Tk.1/- per square feet per annum. But there was no total measurem...... at Daulatpur, Khulna together with all 25 godowns on the premises preferÂably with vacant possession or with tenants to the present respondents and pay the rents realized excluding the amount spent for the maintenance of the godowns within 10 months from date. 2. Facts, in short, are that the w......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....measuring an area of 16 decimals, situates at Bara Moghbazar, Dhaka. The parties are at loggerheads over the ownership of the said land and legal proÂceedings cropped up since 1961. One Shamsul Huda claiming title of the said plot along with another plot through one Biswanath instituted Title Suit ......hip of the said land and legal proÂceedings cropped up since 1961. One Shamsul Huda claiming title of the said plot along with another plot through one Biswanath instituted Title Suit No.170 of 1961 for declaration of title and cancellation of dead No.8142 dated 2nd September, 1961 against Shamsuzz......itioner the writ petitionÂer stated, "Even after getting this .16 acre of land the petitioner Md. Samsur Rahman Sardar constructed some valuable shops and assets upon the land by huge expenditure of money and man power." The expression 'building' has been defined in section 2(a) of the Ordinance, w..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....iÂtioners were nationalized when the Teachers and Non-Teaching Staff of Nationalized ColÂleges (Directorate of Public Instruction) AbsorÂption Rules, 1981 (the Rules 1981) was in operaÂtion. They claimed that their services would be governed by the Rules of 1981. Accordingly, they prayed for a d......rs. (In all the cases). Mahmudnl Islam, Senior Advocate (with SM Atiqur Rahman), instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. (In all the cases). Civil Petition for Leave to Appeal Nos. 1508-13 of 2010. (From the judgment and order dated 9.7.2009 passed by t......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...Category: Employment/Service Law | Date: | Hits: 91
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......ord- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Syed Mahabubar Rahman, Advocate-on-Record-For Respondent No.8. Not represented- Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.199 of 2009. (From the judgment and order dated the 20th day of January, 2...... in the CIB of the Banglaldesh Bank; that the Bank can file Artha Rin Suit for recovery of loan against the defaulting company and its Directors and in pursuance of decree, if the realization of loan money is not sufficient from the asset of the company, then asset of the Directors can be attached f..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....fused to pay anything. He also by signing the confirmation letter accepted the outstanding dues of the bank when the defendant refused to pay the bank’s dues the plaintiff had to institute the suit claiming compensation at the rate of Taka 19.90% per annum totaling Taka 2,20,306.00 as outstanding ......ite of that he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts ......4-89 and ultimately the contesting defendant refused to pay anything on 15-8-90. Thereafter the present suit was instituted for realisation of the aforesaid amount with damages. 8. Admittedly, the money was advanced under Moazzel system of banking which is a new concept of Islami banking system i..Category: Banking Law | Date: | Hits: 199
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... separate judgments and by its order maintained the order of the Senior Appellate Joint Commissioner of Taxes in respect of other grounds but set aside his order in respect of allowing the applicants claim on account of Bank interest at Taka 26,27,408 and restored the Deputy Commissioner Taxes order......ssessee submitted their return showing total income at Taka 71,90,576 which was assessed by the Deputy Commissioner of Taxes at Taka 93,00,504 and disallowed interest of Taka 4,47,430 paid on capital for loan borrowed. 4. Similarly, Reference No.38 relates to assessment year 1989-90. In that year......mpany from Bank. The learned Advocate finally submits that when it comes to the deduction of interest on borrowed capital all that the taxing authority is to consider is whether the assessee borrowed money from the Bank and if so whether it was for the purpose of the business and that the amount cla..Category: Fiscal/Taxation Law | Date: | Hits: 135
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....urisdiction conferred on the Registrar. The disputes and rights between the parties which fall within the exclusive domain of the Registrar must be decided by him. However, if parties raise disputes, claims and rights which cannot be decided without proper evidence and investigation section 10(3) ma......ector was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY†shoes, filed application No.15884 in Class-25 for registration of the trade mark as “BALLY†shoes having her office at 230/4 New Elephant Road......spondent No.1 to proceed with the matter of registration the reputation of the appellant have been put into jeopardy and they will suffer irreparable loss and injury which could not be compensated by money. The learned Advocate further submits that the adoption of the mark “BALLY†by the respond..Category: Intellectual Property Law | Date: | Hits: 210
....t and decree are sustainable in law?
12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
The plaintiff respondent has examined only one witness to prove his claim. We have gone through the evidence of P.W.1. It is to be noted here that the instant suit bein......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতà¦à¦¬ বাদী নিনà§à¦®à¦®à¦¤à§‡ পà§à¦°à¦¾à¦°à§à¦¥......ant No. 1 and 2`s transferor entered into a contract on17.8.1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3,30,000/-, out of which Taka 33000/- was paid as earnest money. The defendant No. 1 and 2 procured Income Tax Clearance Certificate on 24.12.1970 and the lif..
Category: Property Law | Date: | Hits: 110
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......3. Bail petition of the appellants was rejected by the impugned order 7-3-2000 holding, inter alia, that on 10-3-99 at about 1-40 AM the appellants along with a group of miscreants were lying in wait for the arrival of their adversaries and on seeing the police closing in, they started fleeing away ...... vessels was not completed within the stipulated time. The Sangstha filed an application under Article 33 of PO 128 of 1970 for realisation of the loan against the Shipping lines and the Dockyard for money had and received by the latter and obtained an order of attachment from the District Judge whi..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....rty and he had no laches and negligence in making the prayer for setting aside abatement. In view of the fact that abatement is essentially a technical default which may deal a shattering blow to his claims, the Court is usually inclined to consider an application for setting aside abatement liberal......against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Order 43 rule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting asid......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates—For the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court......in Adalat Act. It requires interpretation of the aforesaid provision of law which has got, in our opinion, far-reaching consequence in view of the fact that in the Artha Rin Adalat how the deposit of money can be furnished either by any Bank Security or Bank Guarantee. Since this provision of law ha..Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....s involved in the matter, the Superintendent, Customs, Excise and VAT respondent No.6 by its demand notice dated 5-6- 1996 i.e. after lapse of about 2 years 10 months has issued another demand notice claiming an amount of Taka 1,98,3 16.00 on the account of VAT. It appears from the impugned order da...... the business under the name and style “Foto Fast Color Lab†in the year 1992 after obtaining necessary Certificate from the Dhaka Municipal Corporation on 21-7-1991 and opened a letter of credit for import of the machine in 1991 and upon arrival of the machineries submitted bill of entry togeth......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....zzaman took delivery of shrimp fries on different dates and after making payment of Taka 4,80,000.00, further amount of Taka 30,9 1,303.00 remained unpaid and as against the accused Abdur Razzak, the claim is that he made payment of Taka 7,44,643.00 and Taka 7,02,918.00 remained unpaid. So we have f......e quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are now disposed of by this single judgment. 3. The relevant facts necessary for the purpose of disposal of the above Rules are stated below: “The petitioner in Criminal Mi......as done something more to defraud the payee. Even such a cheque is issued with the knowledge that he has not such amount in the bank, it will not amount to cheating if he has intention to deposit the money before the cheque is presented for encashment. In any case, our view is that simple dishonouri..Category: Criminal Law | Date: | Hits: 46
....s liable to be removed.
3. Before the Registrar the present appellant entered appearance and filed objection and their case is that, the registered proprietor filed TM-6 on 2-12-93 in which it was claimed that the mark was adopted by them in the year 1989 and they are in continuous use of the sam....... 28335 in Class-8 was removed from the register.
2. The short fact leading to this appeal is that the appellant Samah Razor Blades Industries Ltd. filed application No. 28335 in class 8 on 2-3-89 for registration of the words ‘Supermax’ razor blade. The application was registered in their fa......6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237...
Category: Intellectual Property Law | Date: | Hits: 319
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
.... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......dalat No.1, Dhaka in Money Execution Case No. 44 of 1997 should not be set aside. 2. The short fact leading to this Rule is that, the petitioner as plaintiff instituted Money Suit No.412 of 1986 before the learned Subordinate Judge and Commercial Court No.1 Dhaka for a decree of Taka 1,83,22,601/......t be deprived of the decree which they obtained merely on the ground that another suit is pending. By way of staying further proceedings of execution proceeding the decree that has been passed in the money suit by the Artha Rin Adalat has been nullified in an indirect manner. If the opposite party N..Category: Civil Law | Date: | Hits: 108
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