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Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....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 "......s. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'......property for the benefit of any other person or for the benefit of the person paying or providing the consideration shall be admissible in any proceeding before any Court or authority." 10. In order to construe the expression "immovable property" we are to construe it in its proper context to..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....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......Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settlement and others…………………………………………Respondents Judgment June 24, 1996. ...... For Respondent Nos.2 & 3. Writ Petition No.868 of 1990. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause at to why the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....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. ......vision Judgment here. Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State…………......g the period of remand and there is also no confessions by her. On 9‑11‑1996 the petitioner prayed for bail in the Arms Act case which was refused by the learned Chief Metropolitan Magistrate who ordered for remanding her to custody. The petitioner was shown arrested in connection with this case..Category: Criminal Law | Date: | Hits: 82
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....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. ......Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......7 of 1991 (Dhaka). Civil Revision No.33 of 1988 (Ctg). Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the plaintiff‑opposite party No.1 to show cause as to why the impugned order being order No.67 dated 26‑11‑87 passed by the Subordinate Judge in‑Charge, 1st Court, C..Category: Civil Law | Date: | Hits: 117
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....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...... as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ssity in respect of the transfer in question being based on evidence on material on 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. ..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
.... 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 ......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bangladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H.......rvants (Efficiency and Discipline) Rules, 1968 and the office memo dated 26.10.1974 inflicting some punishment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that the order of dismissal from service by memo dated 04.08.1975 is illegal, unwarranted and void. 3. The..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
.... 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......d Farid uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23.01.2003 received Taka 8, 70,000/-from Juried Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signature and giving seal of the bank therein. On 17.11.2003, when ......d no jurisdiction to take cognizance of the offence under section 409 of the Penal Code, allegedly committed by the petitioner, as a public servant, without prior sanction of the Government. So the order of taking cognizance of the offence against the petitioner in this case is without lawful auth..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....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....................................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirm...............Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirmed. Cases Referred..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....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......Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul......e Party Nos.3-7. Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 28.6.2010 passed by the learned Additional District Judge, 3rd Court, Chittagong in Misc..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....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......d 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)
....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......te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to- Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit...... 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)
....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......ry Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Cathay Pacific Airways Limited, 5/F, South Tower, Cathay Pacific City, 8 Scenic Road, Hong Kong International Airport, Hong Kong and having its local office at "Baliaree" (2nd floor), Plot No.30, Road No.130, Gulshan-1, P.S.-Guls......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)
.... 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......on (Dhaka) (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Penta Marine Services Limited....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application ......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)
....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......l of this Rule is that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th Court, Dhaka impleading the defendant-petitioner and others for recovery of damages and compensation on the averments that the plaintiff as an impo...... 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)
....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......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agencies, 16 DLR (SC) 155. Lawyers Involved: ......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)
....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......the Penal Code now pending before the Chief Metropolitan Magistrate, Dhaka. Annexure 'B' to the petition is the certified copy of the F.I.R. which shows that the occurrence took place on 25.5.82 and the F.I.R. was lodged on the same date. Enclosure 'C' to the petition is the certified copy of t......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)
.... 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...... Vs. Air Route Service Limited, 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 af.......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)
....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......High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Abu Ahammad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appea......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)
....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...... Present: Mahmudul Amin Chowdhury J Sabirannessa and others…………………………Petitioners Vs. Kabir Ahmedand others……………......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