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HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

.... feeder operator. During the course of its business the plaintiff entered into an agreement with the defendant No. 5, Sea Consortium Pvt. Ltd on 24-2- 2004 ("the Agreement"). Under the Agreement each party was to contribute two vessels which would be able to operate a twice weekly service on a 14-da...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....rough the Deputy Commissioner at Comilla. Pursuant to the disinvestment policy, on 25-5-79 said Ministry invited tenders for sale of said Rupkatha cinema hall and the plaintiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....834 of 1999, Rule Nisi was issued calling upon the respondent, Mr. Anwar Hossain, to show cause as to why his acts of issuing the impugned orders contained in Annexures-A, A-1 and A-2 directly taking part in the management and running of the business of the petitioner No.2, Ittefaq Group of Publicat......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....before revocation of the petitioner's licence. He further submits that since the petitioner voluntarily retired from the post of teacher of a Government Primary School, there is no impediment on his part to work as the Nikah Registrar. He lastly submits that the order of revocation of licence of th......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....tioner came to know that a case was started against him being BACGR. Case No. 9 of 2002 corresponding to Sabujbag Police Station Case No. 27 dated 16-1-2002, on the selfsame allegations for which a departmental proceeding had already been started. The petitioner had in the facts aforestated no crimi...... affidavit-in-reply the petitioner stated that he filed an application (Annexure-P) to the Secretary, Internal Resource Division and the Chairman, National Board of Revenue on 15-3-2003 praying for reinvestigation of the whole matter on reconsideration of the reports submitted by the inter-ministeri..

Category: Criminal Law | Date: | Hits: 158

Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)

....essary materials for construction of Two Star international Hotel and spent an amount of Taka 1,70.50.000 for the same when suddenly the plaintiffs received notice of LA Case No. 7 of 1998-99 whereby part of the said purchased land has been acquired by RAJUK. 3. It is further stated in the petiti......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..

Category: Civil Law | Date: | Hits: 99

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

....ither in the night on 28-11-1997 or in the early morning of that date. We have already found that there is no evidence other than that of PW 3 Bahar Uddin. We have found him contradictory on material particulars namely, about his seeing the condemned prisoner sitting on the threshold of his house in......ng the post mortem report from the doctor that his daughter was throttled to death and thereafter he filed another first information report on 16-1-1998 which he proved as Exhibit 1. The police after investigation submitted charge-sheet under section 10(1) of the Nari-o-Shishu Nirjatan Ain, 1995 and..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

.....- This appeal by leave, is directed against the judgment and order dated 27-07-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver posses­sion of the properti......ngladesh and others reported in 31 DLR (SC) 303 the Appellate Division held that under Article 102 of the Constitution the High Court Division should not decide any question as to title which require investigation into facts and tak­ing elaborate evidence. In this context we quote with approval the..

Category: Property Law | Date: | Hits: 128

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....responsive and were invited to attend the tender adjustment meeting (TAM) for the purpose of clarifying, modification, if any and agreement with individual bidders prior to be declared as eligible to participate in the 2nd stage bidding. 3. The Tender Adjusted Meetings (TAM) were held separately ......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ..

Category: Others | Date: | Hits: 164

Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)

....ent: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Shafi Kha……………………………………..Petitioner Vs. The State……………………………………………Opposite party Judgment May 18, 2011. Lawyers Involved: S.M. Obaidul Haque, Advocate -For the pet...... Taslima informed the matter to other after being rescued from the place of occurrence about the incident and he was thereafter taken to the hospital for treatment and the FIR was lodged. 3. After investigation police submitted a charge sheet against the accused petitioner under section 9 (1) of ..

Category: Criminal Law | Date: | Hits: 57

Yusuf Mia Vs. State, 2011, 40 CLC (HCD)

.... Present: AKM Asaduzzaman J Md. Ashraful Kamal J Yusuf Mia………………………………………..Petitioner Vs. The State………………………………………Opposite party Judgment March 28, 2011. Lawyers Involved: Md. Abdur Rashid, Advocate - For the pe...... brother Md. Sahadat Hossain, Word Commissioner of Ward No.90 of Dhaka, has been killed by the aforesaid accused persons on 29.9.2002 at about 17.00 hours in the evening, hence the case. 3. During investigation one accused Md. Jahangir Islam after being arrested made a confessional statement unde..

Category: Criminal Law | Date: | Hits: 50

Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)

....J Md. Ashraful Kamal J Md. Abdul Gafur and others………………………………Petitioners Vs. The State………………………………..………………………….Opposite party Judgment April 3, 2011. Lawyers Involved: Md. Humayun Kabir, Advocate -For the pet...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 49

Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)

....ut of them P.Ws.1-2 are seizure list witnesses and are employees of the college. P.W.3 is a local witness. P.W.4 is the informant himself and P.Ws. 5-6 are police personnel and members of the raiding party, while P.W.7 is the investigating officer. 5. After closing the prosecution, the appellant ......he witnesses, produced him to Kotwali police station along with the seized articles and lodged the ejahar, which gave rise to Kotwali Police Station Case No.10 dated 6.4.1999. 3. The police, after investigation submitted charge sheet on 21.5.1999 against the sole appellant under sections 19 (a) (..

Category: Criminal Law | Date: | Hits: 44

State Vs. Mirza Abbas, 2010, 39 CLC (AD)

.... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114....... Learned Attorney General argued that since specific allegation of overt act attributed against the accused respondent the High Court Division erred in law in enlarging him on ad-interim bail pending investigation of the case in failing to notice that the accused being a very influential person, if ..

Category: Criminal Law | Date: | Hits: 42

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....e suit land. After the death of Shamsuddin Bhuiyan and his wife Rahima Begum, their three sons, the plaintiffs, and one daughter inherited the properties left, including the suit land and on amicable partition, amongst themselves, the plaintiffs got the suit land in their saham and thus became the e......rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105...

Category: Property Law | Date: | Hits: 81

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

....eferred against the Judgment and decree passed by the learned Subordinate Judge and Artha Rin Adalat No.2, Khulna in Title Suit No.33 of 1990. The Adalat by judgment dated 30-9-90 decreed the suit in part directing realisation of Taka 1,64,925.00 from the defendant. 2. The short fact leading to t......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..

Category: Banking Law | Date: | Hits: 199

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

....e complied with but the substance underneath the law was equally adhered to—there must not be any reason for doubt as to the truth of the statements, be it circumstance or proved otherwise. In this particular case it is difficult to deny accused-appellants an opportunity to cross-examine the Magis......lace in the house of her land-lady situated near to her house in the self-same night. Accordingly, the aforesaid PS case was started under sections 395/397 of the Penal Code. 3. The police took up investigation, visited the place of occurrence, prepared sketch-map with separate index of the place..

Category: Criminal Law | Date: | Hits: 67

Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....nt year 1988-89 the company preferred ITA No. 55 of 1990-91 and in respect of the assessment year 1989-90 filed IT No. 1134 of 1991. The Senior Appellate Joint Commissioner of Taxes after hearing the parties allowed the appeals and amongst others deleted the disallowance of interest in all the afore......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..

Category: Fiscal/Taxation Law | Date: | Hits: 135

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....ook out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under section 54 of the Code......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..

Category: Criminal Law | Date: | Hits: 72

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....plication No.16272 in Class 25. In the opposition the appellant contended that they are the internationally reputed manufacturers of shoes and foot wears under the trade mark “BALLY” constituting part of their company name. This Trade Mark has been registered in more than 100 countries of the wo......n the parties which fall within the exclusive domain of the Registrar must be decided by him. However, if parties raise disputes, claims and rights which cannot be decided without proper evidence and investigation section 10(3) may be invoked. The questions relating to similarity of marks, confusion..

Category: Intellectual Property Law | Date: | Hits: 210