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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. ...... No.2 is their local agent who cleared the ship at Chittagong Port on behalf of the defendant No.1 by giving declaration under Section 55(E) of the Custom Act. 3. That after obtaining the delivery order, the District Controller of Stores (Shipping) on behalf of the plaintiff went to take delivery..

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. ...... an application by the convict petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the Deputy Commissioner, Kushtia to show cause as to why the judgment and order dated 25-06-2007 passed by Special Tribunal No.5, Kushtia convicting the peti­tioner under se..

Category: Criminal Law | Date: | Hits: 104

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......Fund Limited (50 Comp. Cases 708), it was held that when a debt due from a company has been established, but remains unsatisfied, it is not under the discretion of the Court to refuse the creditor an order for winding up of the company. 22. In the case of National Bank of Pakistan v. The Punjab N..

Category: Company Law | Date: | Hits: 164

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....argument on the ground that temporary user of the Barges as cause way did not change its status as Barges since the plaintiff Barges named Penta 2 and Penta 3 are still holding the up-to-date renewed Government registration certificate as Barge and also on the ground that it has been decided in the ......ontract involving two Barges which have been hired by the defendant No.1 Niko, Resources (Bangladesh) Ltd. from the plaintiff for the purpose of putting those Barges on the river at Dowarika Bazar in order to con­nect the two bank of the narrow river and use the same as causeway to transport heavy ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

....it, case or any application shall lie to any civil Court for the purpose of deter­mination of legality or propriety or legal decision of an officer of Customs or the Authority under the Board of the Government and in this case it is appar­ent from the plaint that the present defendant-petitioners ...... may institute money suit for recovery of damages against the defendant Nos.1-2; that the Commissioner Customs House, Chittagong also illegally assessed the value of the goods at GBP 29,522,22 by its order dated 24.8.2002. Against which the plaintiff preferred CEVT/case (cus) 824/2002 before the Cus..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......ich however was dismissed for default. Thereafter, the petitioner Mrs. Nadira Rah­man preferred Civil Revision No.1429 of 1977 before this Court which was disposed of by the Court with the following order: "Heard the learned Advocates of both sides. The petitioner can get relief under Order 47, ..

Category: Trust/Waqf Law | Date: | Hits: 124

Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)

....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......ng in respect of the trial shall stand stopped that the accused persons released. The accused petiti­oners moved the learned Sessions Judge, Dhaka for their release and the learned Sessions Judge by order dated 6.4.83 rejected the prayer for release. The ground for rejection however is not well fou..

Category: Procedural Law | Date: | Hits: 123

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

....d, others......................Respondents Judgment June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid Company. Cases Referre.......1 by its letter dated 31st May, 1989 while admitting the debt informed the petitioner that its licence to operate as travel agent had been cancelled by the Ministry of Civil Aviation and Tourism and ordered it to close its office, but assured the petitioner that it would repay all its dues as soon ..

Category: Company Law | Date: | Hits: 145

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......eza, Faisal Mahmud Falzee, Advocates ‑ For the Respondents. Appeal from Original Order No.209 of 1995. Judgment Mabmudul Amin Choudhury J.- This appeal is directed against the Judgment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205..

Category: Others | Date: | Hits: 154

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......te ‑ For opposite Party No.11(C). Civil Revision No.1119 of 1993. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1‑12 to show cause why the order dated 22‑2‑93 passed by the learned Senior Assistant Judge, Comilla Sadar in Partition Sui..

Category: Procedural Law | Date: | Hits: 112

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Abdur Rahman………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Aff...... M A Aziz J.- This Rule Nisi on the application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause, why the impugned order dated 14‑9‑83 (Annexure‑C) passed in Review by the Chief Martial Law Administrator brief..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

.... and 18 others……………………..Respondents Judgment September 9, 2010. Result: The Rule is made abso­lute with directions and observation. Cases Referred to- Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and others, WP No.887 of 20......ya Sonaichhari. The petition was filed when the respondents gave no reply to the said notice of the petitioner. 11. Respondent Nos.1, 7, 9, 15, 16, 18 and 19 entered appearance before the Court in order to contest the Rule and filed affidavit-in-opposition. Both the petitioner and the contesting ..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......proceedings in Mohammadpur PS Case No.40(11) 98 arising out of Petition Case No.4182 of 1998 pending on the Court Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the ..

Category: Criminal Law | Date: | Hits: 70

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......ued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and Abdul Karim Dovash to show cause as to why the order dated 29.09.1979 directing reinvestigation of the case passed by the Sub-Divisional Magistrate..

Category: Criminal Law | Date: | Hits: 93

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....e Administra­tor of Waqfs is not a Subordinate Court of the High Court Division or of the Civil Court. 4. The Administrator of Waqfs is ap­pointed under section 7 of the Waqfs Ordi­nance by the Government. Under section 10 thereof the Administrator shall be deemed to be a “Public Officer” ......arties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.08.1983 passed by Mr. Mahmudul Amin Choudhury, District Judge, Dhaka in Civil Revisio..

Category: Trust/Waqf Law | Date: | Hits: 121

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......sp;  Civil Revision No.3160 of 2006. Judgment Sheikh Abdul Awal J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and order dated 4.5.2006 passed by the learned District Judge, Lakshmipur in Civil Revision No.07 of 200..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......s Vice President and Members and Opposite Party No.9 as the President of Gafargaon UCCA. But the Joint Registrar and Appeal Officer of Divisional Co-operative Societies Office, Dhaka Division, by his order dated 23.4.2009 passed in Appeal No.01 of 2009, declared the entire election illegal. The said..

Category: Others | Date: | Hits: 140

Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)

....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......sion No.1359 of 1989. Judgment Md. Gholam Rabbani J.- This Rule obtained by the defendant No.3 in Tide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC pra..

Category: Trust/Waqf Law | Date: | Hits: 131

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 Preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Ca..

Category: Criminal Law | Date: | Hits: 87

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ...... 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 stipulates that a member in order to be entitled to an indemnity in respect of liabilities or expenses incurred by him, must fir..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512