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Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....-For the plaintiff. Tanjib-ul-Alam, Advocate - For defendant No.1 (applicant). Admiralty Suit No. 33 of 2010. Judgment AFM Abdur Rahman J.- By this application/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defendant...... tortious claim against this defendant. 3. The learned senior Advocate Mr. Rokanuddin Mahmood next further taken his 2nd bunch of gourd and argues that the instant suit is hopelessly barred by the law of limitation since the plaintiff failed to institute the suit within 2(two) years from the alle..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....tances of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. He next in the course of his argument upon placing the provisions of section 216A/217 of the Customs Act submits that the Customs Act is a special law and ......e C.R.F. at GBP 89,430,45, that is, more than 10,76 times higher than the price mentioned in the invoice of the goods; that the defendant Nos.1-2 have not discharged their duties in accordance with law and they issued C.R.F. without any inspection of the goods and the C.R.F. value of the goods was..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....removing the petitioner from the office of the Mutwalliship. He has further argued that the learned District Judge and the Administrator of Wakfs did not at all consider the position of law and the provisions of section 32(1) of the Wakfs Ordinance in removing the petitioner and as such the Judgme......is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surmises and conjectures than with reference to the materials on record or to the law on the subject. 2. It appears that an application was filed by one Syed Amir Hossain before t..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
.... 1982 and the amending Ordinance No. LX of 1982 did not provide what would happen if any trial Court could not complete the trial of a case within a period of 180 days or 360 days. In our opinion the provisions of section 35(c) of Ordinance No. XXIV of 1982 are only directory in nature. This provisi......tioner was a pending proceeding on the day that Ordinance No. XXIV of 1982 was promulgated. Section 35(c) of Ordinance No. XXIV of 1982 provided that notwithstanding anything contained in any other law for the time being in force or in any amendment made in the Code of Criminal Procedure by this O..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....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. ...... view of the repeated failure of respondent No.1 to pay debts despite repeated reminders and request of the petitioner, the petitioner served on respondent No.1 a notice dated 4‑11‑92 through its lawyer under section 163 of the Companies Act asking the respondent No.1 to settle its outstanding d..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....end himself and to produce witnesses, but the plaintiff was not given that opportunity. It is submitted that while suspending the plaintiff from the Club the Management of the Club violated the clear provision of Article 34 of the Articles of Association as the plaintiff was not supplied the copy of......tion against the defendant respondents that letter bearing Memo No.1617/13C dated 24.8.95 issued by defendant No.1 suspending the plaintiff for 3 (three) months with effect from 26.8.95 is illegal, unlawful, without any lawful authority and is of no legal effect and not binding upon the plaintiff be..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
.... be questioned the aggrieved party may move the appellate Court and the same cannot be set aside under section 151 of the Code of Civil Procedure. The learned Assistant Judge failed to appreciate the provision of law and illegally passed the order dated 22‑2‑93. 4. Mr. Md. Latifur Rahman, the......d the aggrieved party may move the appellate Court and the same cannot be set aside under section 151 of the Code of Civil Procedure. The learned Assistant Judge failed to appreciate the provision of law and illegally passed the order dated 22‑2‑93. 4. Mr. Md. Latifur Rahman, the learned Advo..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.
......e Judgment of acquittal dated 16‑2‑83 passed in favour of the petitioner by the Summary Martial Law Court No.2, Bogra into one of conviction should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this appl..
Category: Constitutional Law | Date: | Hits: 259
....laws and against public interest.
15. The learned Counsel further submitted that since now of the ship breaking yards of respondent Nos.15-19 have any environmental clearance as required under the provisions of the Environment Conversation Act, 1995, the Environment Conservation Rules of 1997 mad......f Sonaichhari Mouza under Sitakunda Police Station in favour of respondent Nos.15-19 for setting up of ship breaking yards therein shall not be declared illegal, against public interest and without lawful authority.
3. The petitioner, BELA is an association registered under the Societies Regist..
Category: Environmental Law | Date: | Hits: 891
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....trate, Sadar (North) ceased to have jurisdiction in respect of the matter while the Chief Metropolitan Magistrate, Chittagong also does not have jurisdiction in respect of the matter in view of the provision of the Ordinance No. XXX of 1979. The learned Advocate submits that the order in respect o......der date 31.03.1980 passed by this Court is hereby withdrawn, Assistant Police Commissioner, Kotwali Zone is therefore requested to proceed with his investigation. Seen a petition filed by the Id. lawyer of the defence. Let a copy of the petition be sent to the President, Chittagong Bar Associati..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....ce an appeal lies to the District Judge by mutwalli against the order of removal. Against the appellant judgment of the District Judge a revision lies to the High Court Division. This is a specific provision of law in a special statute. The appellate power of the District Judge and the revisional ......provided in the Code of Civil Procedure that a “Public Officer” is also Subordinate to the High Court division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Admin..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....ing the materials on record by his judgment and order dated 4.5.006 rejected the Revision holding that the petitioner being 3rd party ought to have deposited 25% of the decretal amount as per express provision of section 32(2) of the Ain, 2003. Against which the petitioner moved this Court and obtai...... Mr. Khair Ezaz Maswood, the learned Advocate appearing for the petitioner after placing the impugned judgment and other materials on record submits that the learned District Judge seriously erred in law in passing the impugned judgment and order without properly applying his judicial mind into the ..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....ড়া সম্পর্কে কোন বিরোধ সৃষ্টি হলে নিবন্ধকের চূড়ান্ত হিসাবে গণ্য হবে। 21. From the provisions quoted above, it appears that “বিদ্যমান ব্যবস্থাপন......re-A, A-1, B and B-1 filed in Writ Petition No.3152 of 2009, submits that the voter list containing the names of 261 voters was in fact approved by the proper authority and therefore the election was lawfully held. 13. Discussion and Findings: I have perused the materials on record including t..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
.... in any Court." To consider the submissions of Mr. Ali it is necessary at the outset to quote section 9 of the Code of Civil Procedure as hereunder "Section 9.- The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a Civil nature excepting suits of......tion of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordinance ..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
.... Penal Code. 6. Upon reading the ingredients of section 396 of the Penal Code it would clearly divulge that offence of commission of murder if committed in course of commission of dacoity then the provision of section 396 is attracted. If the act of dacoity is not proved or brought home by the pr......‑88 and on the same date he succumbed to his injury. He brought the death certificate Ext.10. At the time of his death his name was not known but subsequently it was gathered from his mother-in‑law. This is the only isolated statement so far made by the prosecution that deceased Tajul died as ..Category: Criminal Law | Date: | Hits: 87
....omes into being a policy of marine insurance relating to that ship on the terms of the clubs rules. The rules of most, if not all, P. & I. clubs contain what is commonly called a "pay to be paid" provision. That is a provision, capable of being expressed in a variety of different terms which sti......as primarily highlighted the fact that in issuing the letter of Guarantee the two P. & I. clubs have by that reason automatically brought themselves under the purview of both statutory and common law standards that define and govern the tripartite relationship between a guarantor, a creditor and..
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)
.... instant application praying for dismissing the suit as not being maintainable. 4. The learned Advocate Dr. A. K. M. Ali, appearing on behalf of the defendant No.1 while takens this Court to the provisions of Section 3(2)(Ja) of the Admiralty Court Ain, 2000 strenuously argues that the prayer o......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....wed to provide coaching/tuition for foreign degrees without prior permission of the Government. Section 39(2) of the said Act says that the Government will frame rules to give effect to the aforesaid provisions. Since Rules have not yet been framed, the learned Advocate submits that their respective......on the respondents to show cause as to why failure to take necessary legal action against the institution, which is allegedly resorting to fraud against the students in the pretext of conferring U.K. law decrees, without having any affiliation/ approval of any authenticated University of the United ..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....s such he is not a fit person to prove rent receipt and amolnama executed and granted 50 years before. The decision of Lal Miah (Hajee) Vs. Nurul Amin and others 57 DLR (AD) 64, it has been held that provision of section 120 of the Evidence Act has removed the disability of the parties to the suit a......arty to the suit to testify in all civil proceedings. And in criminal proceeding against any person the husband of wife of such person shall be a competent witness. Son has not been qualified under law to be a competent witness for their parents. 10. In the decision of Shanai Bibi being dead he..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....ied on the decision of Imran Vs. Shamim Kamal, 60 DLR 597, where a Single Bench of the High Court Division held that, on the question of new section 21A of the Specific Relief Act it appears that the provision of depositing the balance consideration money is a condition precedent failing which it wo......of Civil Procedure for rejection of the plaint. In the application it has been stated that, according to clause No.2, of the bainanama the suit is barred in different Count, including it is barred by law of limitation. The learned Judge by the impugned Judgment rejected the plaint on the ground of l..Category: Civil Law | Date: | Hits: 200
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