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Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....se will be served if minimum punishment as provided under that sub‑section is imposed against him. It is true that no charge was framed against Shamsul Haque under section 25B(2) but in view of the provisions of section 29 of the Special Powers Act and sub‑section (2) of section 238 of the Code ......om my above discussion I do not mind anything to show that both the accused were engaged in smuggling of Indian sarees. The above observation of the learned Judge was perhaps, due to misconception of law. The learned Judge failed to take notice of the fact that there were two sub‑sections in secti..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
.... has already issued a notice of arbitration upon the respondents and accordingly, upon issuance of such notice, the arbitration proceeding shall be deemed to have commenced. 16. Referring to the provision of section 7 Ka of the Arbitration Act, 2001, Mr. Kamal contends that section 7 Ka was inc......ferred the matter to arbitration and in the event of his success in the said arbitration proceeding, he will be entitled to damages and compensation. Mr. Huq contends that it is a settled position of law that where damages and compensation are an adequate remedy, injunction cannot be granted and, th..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....er for damage/non-delivery of the goods which has been admittedly carried in the defendant's mother vessel 'MV Vladivostok Senator' and in the feeder vessel 'MV Padma'. Such a cause comes under the provision of Section 6 of the Admiralty Courts Act, 1861, which was the prevailing law at the time o......defendant's mother vessel 'MV Vladivostok Senator' and in the feeder vessel 'MV Padma'. Such a cause comes under the provision of Section 6 of the Admiralty Courts Act, 1861, which was the prevailing law at the time of arising of cause of action of this suit. Section 6 of the said Act runs as follow..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
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Judgment
Sheikh Abdul Awal J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the section 34 of the Artha Rin Adalat Ain, 2003 (Annexure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's Republic of Bangladesh should not......tha Rin Adalat Ain, 2003 (Annexure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's Republic of Bangladesh should not be declared to have been made without lawful authority and is of no legal effect and as to why the impugned Order No.4 dated 20.11.2005 pa..
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. ......f Bangladesh and others reported in 42 DLR (HCD) 434 wherein it has been held: "Failure to give specification of suit land-the plaintiff having failed to comply with the mandatory requirement of law in giving description sufficient to identify the suit land, they are not entitled to any decre..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....uader Chowdhury and others Vs. The State reported in 28 DLR (AD) 38, the Appellate Division held that: "Ordinarily criminal proceedings instituted 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 interl......r no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 25. After reading of the above noted principle, we find a clear view of law as it stands today that interference of this court in exercise of its inherent power under Secti..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. ......t No. 2, predecessor of the petitioners contested the said suit by denying the material allegations made in the plaint, contending, inter alia, that the suit is not maintainable, hopelessly barred by law of limitation, no cause of action has arisen for the suit and hit by Section 42 of the Specific ..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....3, Dhaka where it was re-numbered as Execution Case No.80 of 2005. Then, judgment-debtor, the petitioner made his appearance and filed an application to reduce the decretal amount in pursuance of the provision laid down in section 47 read with section 60(3) of the Artha Rin Adalat Ain, 2003. On hear......o.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....e the plaintiff-appellant filed the suit. 4. The defendant No.1 filed an application under Order 7 Rule 11(d) of the Code of Civil Procedure for rejection of the plaint contending that under the provision of section 5 of the Land Reforms Ordinance, 1984 (hereinafter referred to as "the Ordinanc......fore 'immovable property' mentioned in section 5 in case of land of the 'Rural area' is to be read and imported in the section and in the section no such particular area having been mentioned the law should be read and to be considered as it is. Thereafter he has submitted that since the words "..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. ......hy 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 case holding was leased o..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....nd Air Vice Marshal AK Khandker, the then Air Chief of that period. But what these three persons stated in their statements have not disclosed any offence against this petitioner punishable under any provisions of the Penal Code. Placing the statement of Major General KM Shafiullah Mr. Rahman submit......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)
....for addition of party. He has relied upon a decision in the case of Subhra Nandi Majumder Vs. Official Liquidator, Mahaluxmi Bank Ltd. and others, 1987 BLD 244 where in it is held, "In view of the provision of substitution and definition of legal representative in the Code of Civil Procedure the ......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. ..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. ......ned Appellate Court the plaintiff has filed the 2nd appeal. 3 Mr. Latifur Rahman, the learned Advocate has appeared on behalf of the appellant. He submits that the lower appellate Court erred in law in reversing the judgment and decree passed by the learned trial Court without reversing his f..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
.... effect from 14.06.1975. This order of dismissal is against the principles of natural justice. 6. The defendant, District Board filing 2 written statements contended that the suit is barred by the provisions of Articles 94 and 98 of the Basic Democracies Order, 1959. It was stated that the order ...... from service on the false plea of leave on medical ground. As he was purely a temporary employee under the work-charge establishment he had been dismissed from service after following due process of law. 7. The learned Munsif found with regard to the first order under challenge that the post of ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....n (5) of section 6 of the Criminal Law Amendment Act, 1958 was omitted on 18.07.2004. At the time of taking cognizance of the offence against the petitioner by the Senior Special Judge, Sylhet, the provision of taking prior sanction of the Government before taking cognizance of the offence was n...... 1958 and the Durniti Daman Commission Ain, 2004 (hereinafter referred as the Ain). Section 20 of the Ain provides that investigation of the offence; under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafte..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. ......nisur Rahman Shikder gave in marriage of his eldest daughter Anika Shikder Lucky with the accused Golam Sarwar Hossain Moilah as per Islamic Shariyat. Since after marriage, the husband, the father-in law, the mother-in-law and the sisters in law of Anika Shikder Lucky started torturing her physicall..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
.... restraining the defendants permanently from entering into the tea estate and thereafter submitted, an application seeking for temporary injunction. Section 56 of the Specific Relief Act provides provision for not granting temporary injunction in certain cases. 24. Section 6(i) of the Speci......পক্ষ বহন করিবে”। 17. Upon perusal of the terms of the agreement it appears that the agreement as nothing but a void agreement and that agreement is riot enforceable in law. The defendant No.1 got no locus standi to enter into such an agreement as per law and as such t..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....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. ......the aforesaid defendant-appellants have preferred this first appeal. 7. Mr. Md. Ohiullah, the learned Counsel appearing, on behalf of the defendant-appellants submits that the trial Court erred in law in not holding that the defendant-appellant Nos.1 and 2 could not be held liable to the plaintif..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. ......nstant accused petitioner and the other accused for the offence punishable under section 25B (II) of the Special Powers Act to which they pleaded not guilty and claimed to be tried in accordance with law. 4. In order to bring whom the charge against the instant accused petitioner and other accus..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....cknowledgement of the fact that the said amount is due and owing to the petitioner. 31. For a proper understanding and appreciation of the issue before this Court, let me now refer to the relevant provisions of the law in question. 32. Section 241 of the Act provides six grounds or circumstanc......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 respondent-company, despite being put on notice, intentionall..Category: Company Law | Date: | Hits: 164
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