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Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
.... Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008. 2. The facts of the case, in short, are that the writ-petitioner is a private limited company incorporated ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh repreÂsented by the Secretary, Ministry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...R......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..Category: Administrative Law | Date: | Hits: 318
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....rgued that the arbitrator concluded the arbitration proceedings in a great huffy. Similarly, the allegation of denying opportunity to the Water Development Board by the arbitrator is not borne out by facts. 17. The learned Subordinate Judge under the order dated 21‑1‑95 disposed of the applic...... Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water DevelopÂment Board....................Petitioner Vs. Zakir Construction and Co. and another.....................Opposite Parties Judgment November 16, 1995. Result......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
.... has also submitted a jail appeal being Jail Appeal No.1251 of 1992. The reference as well as the jail appeal have been heard together and will now be disposed of by this common Judgment. 2. Short facts for the disposal of the reference are, that accused Abul Howlader married Khodeja Begum, daugh......5 of 1992 against accused Abul Howlader. The condemned‑prisoner has also submitted a jail appeal being Jail Appeal No.1251 of 1992. The reference as well as the jail appeal have been heard together and will now be disposed of by this common Judgment. 2. Short facts for the disposal of the refer......3. As many as 9 witnesses have been examined by the prosecution in support of the prosecution case and the defence did not examine any witness. 4. P.W.1 Shamsuddin Howlader, the informant, in his evidence stated that after the birth of the child Abul went to the house of his father‑in‑law an..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....esh Air Services Ltd. requested the Arbitration to enter on the reference. It was on 15‑2‑94 that Mr. Justice TH Khan entered on the reference and asked both sides to submit written statements of facts within three weeks. On 19‑2‑94 Bangladesh Air Services Ltd. filed an application for injun...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......Rules. When a dispute arose, the Indian Party filed a suit in Calcutta High Court and the defendant Company applied for stay of the suit under section 34 of the Arbitration Act. It was found that all evidence was in India and them were difficulties in respect of foreign exchange which practically ma..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....dated 15.9.80 passed by the learned Sessions Judge, Bakerganj in Sessions Case No.213 of 1980 under sections 436/302/34 of the Penal Code arising out of Bhola P.S. case No.11 dated 22.1.80. 2. The facts, in short, are that the petiÂtioner lodged an F.I.R. on 22.1.80 with Bhola Police Station und......¦Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus Sobhan with Khan ......to produce all his witnesses and examine them on oath and thereafter he is to send the case to the Court of Sessions in terms of section 205 Cr.P.C. It is not for the Magistrate to weigh and sift the evidence relating to an offence triable exclusively by the Court of Sessions." 8. From the above ..Category: Procedural Law | Date: | Hits: 100
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....er. They also filed an appliÂcation for temporary injunction. On 27.7.83 the learned District Judge passed the following impugned order:- "Heard learned Advocate of the appellant. Considering the facts & circumstances, as submitted, the prayer for temporary injunction is allowed. Let the res......o.225 of 1983 for a permanent injunction restraiÂning the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar and his brother defendant No.2 Babar Ali Matubbar and his mother Shamsun-nahar Begum defendant No.3 ......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
....ated 2.10.2005 passed by the Artha Rin Adalat, No.2, Dhaka in Artha Rin Case No.133 of 2005 rejecting this petitioner's application under section 12(1)(2) of the Artha Rin Adalat Ain, 2003. 2. The facts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as pl...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Abu Tariq J M/s Shorhab Vegetable Oil Refinery Limited……………………….Petitioner Vs. Artha Rin Adalat and others………………………Respondents Judgment August 14, 2007. Result: The r...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...Category: Civil Law | Date: | Hits: 120
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534....... and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......he constructed homestead thereon etc. and she denied the allegations of threatening made in the plaint. 6. On the pleadings of the parties, learned trial Court framed 4, issues and after recording evidences of plaintiff and defendants and hearing the suit by the Judgment and decree dated 23.02.97..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....t Opposite party. Fourth-Twelfth Defendants shall be described as Fourth-Twelfth Defendants Opposite parties. 13. Petitioners submitted three Supplementary Affidavits incorporating seine materials facts and annexing some documents and papers as Annexures. 14. Second-Defendant-Second opposite p......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ereunder: I. Plaintiff-Petitioner on oath having stated that she is the daughter of Kala Chand Basak a co-sharer having 5 annas interest in suit property and contesting Defendant having adduced no evidence contrary to that of Plaintiff, Courts below committed an error of law in failing to hold th..Category: Procedural Law | Date: | Hits: 108
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....exhibit without any objection from the other side and in view of the provision of the decisions as referred above in 34 DLR (AD) 237 the limitation for redemption is 60 years. So from the very simple facts of both the parties in this litigation the findings and decision of the appellate Court below ......Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the A......conveyance can be specifically enforced and the provision for registration for such agreement as required under section 95(2) of the Act is not applicable. Even an oral agreement proved by sufficient evidence may be specifically enforced by the transferor." 9. In the present case Mr. ABM Nurul Is..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....ng satisfied from the police diary and other papers that there were sufficient mateÂrials to proceed against him framed a charge under section 302/109 Penal Code by his order dated 22-6.82. From the facts enuÂmerated above it is found that the accused petitioner is an F.I.R. named accused. His nam......h Court Division (Comilla Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Mohammad Abdur Rouf J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result:......m, to which they replied that the petitioner was standing on the road to meet him, that on the next day his dead body was found in the drain to the west of the graveyard and that there was sufficient evidence regarding the complicity of the accused in the murder of his son, The Sub-Divisional Magist..Category: Criminal Law | Date: | Hits: 110
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....he petitioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advocate appearing on behalf of the petitioner submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo dir......itioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advocate appearing on behalf of the petitioner submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....egal effect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.SC from ......sent: Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
...., Lakshmipur convicting the convict appellant under Section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years in Special Tribunal Case No.39 of 1995. 2. Necessary facts for the purpose of disposal of this appeal are that P.W.1 S.I. Sayed Mahbubur Rahman as an inf......LR (AD) 24. Lawyers Involved: Md. Shihab Uddin Mahmud - For the Convict Appellant. A. B. M. Waliur Rahman, Deputy Attorney-General with Zinnat Akhter Nazley Begum, Assistant Attorney-General and Md. Nazmul Haque, Assistant Attorney-General - For the State. Criminal Appeal No.1 of 1999. ...... 12. P.W.9 A.S.I. Shiekh Shahid Ahmed also corroborated the deposition of P.Ws.1, 6, 7 and 8 about recovery of the arms and ammunition from the possession of the convict appellant. These are all the evidences from the side of the prosecution. 13. The learned Judge of the Tribunal after due consi..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....h recorded under section 164 CrPC to be true and voluntary and acted upon it. The learned Judge observed, "On a careful scrutiny of the documentary and oral evidences on record and considering the facts and circumstances of the case in the true perspective it is proved that during the occurrence ......7. ...... 4. In this case prosecution examined as many as 19 witnesses in support of the charge. Defence however did not examine any witness and claimed to be tried. The learned Sessions Judge considered the evidence and found that the evidence of P.W.2 Belal Hossain, P.W.3 Mokhlesur Rahman, P.W.4 Azizul Ho..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
..... Mr. Zakir Hossain, on the other hand, submits that this question as to whether this property is an abandoned property or not is a question of fact and that has been decided by concurrent finding of facts by the two Courts below to the effect that the property in question cannot be treated as an ab...... (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara Begum and others..............efendants examined two. Both the parties produced their respective papers and documents in Court. On the above pleadings the trial Court framed four issues. After hearing the parties and perusing the evidence on record the learned Subordinate Judge, 2nd Court, Dhaka, decreed the Title Suit No.471 of..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....t the learned Subs-Divisional Magistrate had no jurisdiction to take cognizance of the alleged offence and the impugned order must be set aside. 5. Mr. B.N. Chowdhury has lastly argued that in the facts and circumstances of the case and on the face of the allegations made in the petition of compl......med Sultan son of late Miajan Mollah………………Opposite Parties Judgment August 20, 1982. Result: The Rule is made absolute. Lawyers Involved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul H......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
.... possible and in that view of the matter the learned trial Court is directed to dispose of the suit as early as possible preferably within six months from the date of receipt of this order. In the facts and circumstances of the case there will be no order as to costs. The order of stay granted......vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......petitioners filed an application before the High Court Division under Order 6 rule 17 of the Code of Civil Procedure to amend their written statement and they also filed an application for additional evidence but since the case was sent back to the trial Court the appellate Court did not dispose of ..Category: Procedural Law | Date: | Hits: 118
Category: Labour and Industrial Law | Date: | Hits: 156