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

....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......t if I had to define 'ship or ves­sel' I should say thatit was any hollow structure intended to be used in navi­gation, i.e. indented to do its real work on the seas or other waters, and capable of free and ordered movement thereon from one place to another. A flying boat's real work is to fly. It......plaint and submits that the alleged cause of action of the instant suit has arisen out of a contract 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 t......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..

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

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

.... the Government of Bangladesh represented by the Secretary, Ministry of Environment and Forest and Secretary, Ministry of Industries. The said Ministries have assumed all respon­sibilities regarding environmental protection and conservation and operation of Industrial activities in compliance with ......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......Advocates - For the Respondent No.19.  Writ Petition No.1207 of 2009. Judgment Md. Abu Tariq J.- The subject matter of the instant writ petition is the cutting of trees by ship breakers from the coastal green belt of Sonaichhari, under Sitakunda Upazila of Chittagong District for the p......ure such compliance. We simply express the view that let the needful be done within the given timeframe and the rules directed to be prepared be finalized with needed safeguards against environmental pollution and the same be published in the gazette. 35. It has become common practice for differe..

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. ......articularly when there was sufficient time for retrial when the appeal was disposed of by the High Court Division arid the result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding independent of the result of a criminal case. 16. In view of the ...... of the properties the single storied building was developed into a three storied one of which the first and second floors were let out in favour of Director of Archeology and the income raised there from were spent for charitable purpose as usual; the petition of complaint disclose further that dur......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. ..

Category: Criminal Law | Date: | Hits: 70

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......itish Council and handed over to the successful students. The institutions providing coaching have no control over the matter and the students are at liberty to join or leave any institution at their free will. 17. Mr. Khaled Hamid Chowdhury, the learned Advocate pointed out that they had applie......etion of their first year of study Respondent No.5 awarded them Certificates of Diploma in Law. Being suspicious the petitioner enquired about the Academy but found no definite and satisfactory reply from U.K. authorities. Examinations of U.K. Universities are normally conducted by the British Counc......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 146

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......sia. It has further stat­ed in the plaint that, defendant No.1 till today not obtained sale permission from RAJUK and provided the plaintiff with documents evi­dencing that the schedule property is free from all kinds of encumbrances and the redemption of mortgage by the vendor. It has further bee......5. Mr. Shamsuddin Babul, learned Advocate, appearing for the respondents, on the other hand, submits that, the case is barred not only by limitation under the amend­ed Limitation Act, but it suffers from defect under the amended Registration Act, 1908, the amended section 53B of Transfer of Propert......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..

Category: Civil Law | Date: | Hits: 200

STS Holding Limited (Apollo Hospitals, Dhaka) Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ......x exemption under the provisions of the SRO No.180-Ain/99 dated 1.7.1999, this is important for any Hospital to show that 10% patients of the total number of beds in the hospital are actually treated free of charge.   Lawyers Involved: Md. Nur Hossain Chowdhury, Advocate - For the Pe......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ..

Category: Fiscal/Taxation Law | Date: | Hits: 237

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......llowed to be withdrawn against accused Humayun Kabir. Furthermore, in the face of the challenge by the informant petitioner the accused has not been able to produce anything to show that he a genuine freedom fighter. 7. Admittedly, the accused does not claim immunity at a freedom fighter under P....... assertion by the petitioner has not been chal­lenged before as by filing any counter affidavits. Furthermore, it has been asserted in the peti­tion that the deceased was killed by the bullet fired from the rifle in the hand of the accused opposite party. 5. The learned Counsel appearing for th....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..

Category: Criminal Law | Date: | Hits: 145

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ...... educated and civil society launched movement across the country to take suitable measures to curb such abuse. Consequently, the Narcotics Control Act, 1990 was enacted controlling and regulating the free use of the rectified spirit and any liquid containing more than 5% alcohol and also for the pur......homeopathic medicines either locally or through import. 5. After the enactment of Narcotics Control Act, 1990 the manufacturers and users of the Homeopathic medicines and drugs are being prevented from procuring or possessing rectified spirit and alcohol as these are narcotics under the said Act ......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ..

Category: Others | Date: | Hits: 341

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......vides that the Advisory Board may within 170 days recommend for further detention or for release of the detenu. Preventive detention which takes away the fundamental right of a citizen or a person of free movement should be exercised strictly in accordance with law and as per provisions made in the ......enu should not be set at liberty and or pass such other or further order or orders as to this Court may seem fit and Proper. 2. The detenu Shazzad Hossain was arrested by Sadar Police on 9-11‑95 from Jahangirnagar University Campus in connection with Savar P.S. Case No.17(11)/95 under section 1......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..

Category: Criminal Law | Date: | Hits: 127

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....rticles criticizing the impugned order and impugned notice. The articles pointed out that by suspend­ing the petitioner's licence, the authorities are sending the wrong signal regarding the business environment of Bangladesh to the foreign investors and it may be detrimental to the economic interes......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. ......een 2008 and 2011. CMA CGM reported 11.8 billion dollar revenue in 2007 carrying over 7.7million TEUS (Twenty Foot Equivalent Unit) CMA CGM own the prestigious "Container Line of the Year 2007" award from Lloyds of London. It has 100% owned offices in many countries includ­ing Asian countries such ......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

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......he accused‑appellants under sections 302/149 of the Penal Code. It is quite essential that the prosecution must prove the identity of the accused without any mistake and such identification must be free from any doubt. To recognise the accused‑appellants by the light of the moon a great deal of ......e southern two storied tin shed house being followed by accused Raisuddin, Amanullah, Morshed and Momen @ Pachu. Witness Belal (P.W.2), Mokhlesur Rahman (P.W.3), Azizul Huq (P.W.4) saw the occurrence from the western bhiti two storied house while Amena Khatun (P.W.5) who was in the Courtyard quite c...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..

Category: Criminal Law | Date: | Hits: 104

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......provision of section 7(1) of the Muslim Family Laws Ordinance are complied with regarding service of notice to Chairman of Union Council a talaq would fail to operate and, therefore, the talaq cannot free a woman to marry a man, the provision of section 7(1) standing on the way. 48. In Abdul Aziz......mental principles of Criminal Jurisprudence that there is presumption of innocence in favour of accused and accused is entitled to benefit of reasonable doubt. Law is well settled that upon an appeal from acquittal appellate Court is not entitled to interfere with the decision of trial Court on fact......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......nate from fusion of mind of the contracting parties, expressed in writing. It cannot be super imposed by any statutory dictation. Statute does, however, intervene, but only when parties, of their own free will, agree to resort to arbitration forum, and then again only to ensure compliance with the a......Revision No.6159 of 2001. Judgment AHM Shamsuddin Choudhury J.- The Application under section 115(1) of the Code of Civil Procedure, which yielded the present rule, issued on 17.11.2001, sprang from an order dated 18.10.2001 passed by the learned 3rd Court of Subordinate Judge, Dhaka, allowing......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......airs but it does not mean that a judge of this Court is in the service of the republic Mr. Ajmalul Hossain, the learned QC appearing for the respondent No.1, submits that the respondent No.1, post is free from the influence of the political executive, namely, prime Minister or the cabinet. Dr. Kamal...... "11A. All matters relating to "Anti-Corruption Commission". The further case of the petitioner is that since the respondent No.1 received salary and other allowances as an officer of the Republic from public exchequer he holds the post in the Service of the Republic. It is further asserted in th......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..

Category: Constitutional Law | Date: | Hits: 228

Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)

....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......ense being license No.2545/17-4 to run a saw Mills on 30.6.1990. The said license was subsequently renewed on 30.06.1998 for a further period of one year. The saw Mills went into full swing operation from the beginning of 1990. That following the issuance of license the petitioner invested about Tk.......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...

Category: Others | Date: | Hits: 127

Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)

....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......holder Janata Bank for a declaration that the preliminary and final decree passed in Artha Rin Suit No.54 of 1998 of Artha Rin Adalat, Khulna is collusive and, also, for a declaration of Maliki Right free from all encumbrances on the property mentioned in schedule to the plaint and some other incide......r Janata Bank for a declaration that the preliminary and final decree passed in Artha Rin Suit No.54 of 1998 of Artha Rin Adalat, Khulna is collusive and, also, for a declaration of Maliki Right free from all encumbrances on the property mentioned in schedule to the plaint and some other incidental ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..

Category: Procedural Law | Date: | Hits: 84

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......st one born on 9‑8‑93 aged about 22 months. During that time respondent No.1 had been running the restaurant business. Seeing the life style of the teen‑aged children in London, specially their free mixing, immoral social life, spending time at night clubs, the petitioner, in consideration of ......verned by this Judgment. All the four Rules arise under Article 102(2)(b)(i) of the Constitution in the nature of Habeas Corpus alleging kidnapping and detention of 4 minor children of the petitioner from her custody by her husband respondent No.1. 2. The facts stated in all the 4 petitions are, ......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...

Category: Family Law | Date: | Hits: 166

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......adjudication, having remained in our daily cause list for several weeks, Dr. Kamal Hussain along with Mr. Rehan Hussain and Mr. Ramzan Ali Sikder, proffered, rather strenuously that the revelation of free for all and wholesale fraud, the National University took recourse to under it’s the then and......e President of Bangladesh Awami League (AL), Gazipur District. 4. The previous Vice-Chancellor of the National University, Professor Aftab Ahmed joined as Vice-Chancellor on 05.07.2003. Thereafter from 17.11.2003 to 04.01.2004 he appointed 331 persons without any advertisement, without any select......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......er section 302 of the Penal Code and illegally recorded the conviction and sentence. It is quite clear as the facts emerge that there was hot altercation, a tussle between the parties and there was a free style assault and at a certain stage it is alleged that Rashid dealt blow by his dragger could ......ainst the accused appellants and others. 3. In all 16 witnesses were examined by the prosecution in support of the charge. The defence did not examine any witness. The defence case, as it appears from the trend of the cross‑examination of the prosecution witness, is that, due to litigation and......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..

Category: Criminal Law | Date: | Hits: 117

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......ullest authority to correct those who are found guilty for breach of discipline in the same manner as a parent or guardian may chastise their wards for their rectification. But the authority is not free from acting in the manner which excludes every reasonable possibility of unfair action being ......left the college premises for their residences being perplexed. The petitioners came to learn subsequently that on the same day of occurrence on 18-10-93 when the principal of the College was away from Chittagong an emergent meeting of the college staff and Academic Council under the Chairmanshi...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..

Category: Others | Date: | Hits: 168