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Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....such maritime claim attached any ‘maritime lien’ upon the vessel M.V. BF GLORY has to be considered by this court on the general meaning of lien as considered in all the legal jurisdiction of the whole world. 68. CARVER, the celebrated author in Admiralty matter, defined lien as a privilege......30-11-2008 for US$ 88102.26, on 31-12-2008 for US$150728.52, on 31-1-2009 for US$ 149636.02, on 28-2-2009 for US$ 71829.51, on 31-3-2009 for US$ 49569.98 and on 30-4-2009 for US$ 44187.24 totaling an amount of US$ 15,90,442.76. Although the plaintiff supplied the statement of accounts to the defenda......xecuting the ship management agreement with the defendant No.2. This P.W.2 further admitted that the plaintiff has an agreement with the Kysco, Shipping Co., Ltd., and as such the plaintiff is asking money from the said company, the defendant no. 2, and also stated that although he has not filed any..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....sused and in most of the cases police handles those cases recklessly and submit charge sheet implicating the relations of the principal accused i.e. husband as a measure to create pressure upon the whole family of the husband. At the same time the learned judges also show sympathy to the alleged v......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......wry out of which they paid Taka 2,00,000 for the sake of peace and tranquility in between husband and wife and once again the appellant demanded Taka 6 lakhs as dowry. On her failure to pay the dowry money he was tortured and on the date of occurrence i.e. on 26-3-2010 at about 6-00 PM all the accus..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......ough defendant No.7 the local agent-Indentor to import 20 M.T. of Bright steel bars stainless steel, Non-magnetic quality, austenitic type bars, having Indian specification AISI-304, Dia 28 mm. at an amount of U$ 46000. The stipulated mode of shipment was through the river route Narayanganj Port, bu......eged, inter-alia, that the defendant No. 8 opened the L/C in favour of the supplier-exporter, the defendant No. 6 being L/C No. RB/SEMR/92/210, dated 3-12-1992 for which the plaintiff paid the margin money amounting to Tk. 5,40,000.00 through the plaintiff C.D. A/C No. 1223 maintained with the defen..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......er dated 14-02-1996 asked the respondent No.1 to pay the VAT at the rate of 15% since the electric poles made by him was included in the First Schedule to VAT Act and also asked him to pay the arrear amounts for the period from 18-03-1993 to 31-01-1996, on the basis of the aforesaid rate (Annexure-D...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......nd 185 pieces of bags worth Taka 23,06,728.80 in total. It was presumed that the said Mirza Monwar Hossain, since deceased and the co-accused in collusion with each other had misappropriated the said amount within the period from 29.3.1987 to 4.1.1991. 3. The District Anti-Corruption Officer, Hab......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......nd her husband had obstructed them, they beat her and her husband causing swelling injuries on different places of their bodies. They also snatched away her ornaments, saris, lather suitcase and cash money. She and the members of her family raised alarm, hearing which the witnesses rushed to the hou..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ons but the writ-petitioner did not comply with those conditions. 6. True, no letter of indent was issued in favour of the writ-petitioner and the writ-petitioner also did not deposit security money and performed other formalities as required to be observed as indicated in annexure-B. On per..Category: Others | Date: 7 Apr, 2011 | Hits: 7
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......was not in accordance with law and, as such, the mandatory provision of law has been violated in lodging the FIR or in starting the case against the appellant and, as such, it is ex-facie illegal and amounts to a malice in law. 44. Furthermore, the occurrence took place on 23-5-1999, but the FI......d to by any quarters at any stage. 42. From the evidences it appears that no criminal offence has been disclosed against the appellant in respect of allegation of misappro-priation of any public money for his personal gain or made any allegation that by abusing his official power he had created..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......learned advocate appearing on behalf of the petitioner submits that the petitioner being a subscriber has suffered much by the impugned order because on such order he has been seized to receive any amount from Unipay 2U Bangladesh Ltd. where he has already invested. In support of his such submissi......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ...... 34,703. 3. It has been further stated that this Division in Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48 has decided that "As per section 82(C) (4), the tax amount deducted or collected on account of supply of goods of execution of contract falling und......rized under Section 19 of the Ordinance. (underlings are mine) 15. Section 82(C) (5) runs as follows: "Where an assessee, while explaining the nature and source of any sum, investment, money, valuable article, excess amount of expenditure referred to in section 19, takes into account ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......3, 60,000 from the said case, although the rent was being deposited by the defendant No. 4 in the name of the plaintiff. The defendant Nos.1 and 2 (appellants) were not entitled to withdraw that amount before getting the kabala deed executed and registered. It was the further case of the plaint...... Nos. 1 and 2's transferor entered into a contract on 17-8-1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3, 30,000 out of which Taka 31,000 was paid as earnest money. The defendant Nos. 1 and 2 procured Income Tax Clearance Certificate on 24-12-1970 and t..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......efore the alleged date of execution of the said kabala. The appellate Court took into consideration the fact that though according to the plaintiff’s case Sirarjul Islam paid the full consideration money to Biadhan Bia in the year 1950 when talk for sale allegedly took place, but the kabala was ex..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......nd also on the left elbow joint on the lateral aspect. On detailed dissection perforation of liver, lower ent of stomach intes-tines and mesentry, extravestation of blood and blood clots huge in amount causing haemoperitorium and corresponding to the wounds mentioned above 8th and 9th ribs foun......ceased fell down on the western side of his shop and he himself saw the killing. He again deposed that the family of the deceased was a rich family and he denied that he gave evidence in exchange for money. He further denied defence suggestion that the place of occurrence could not be viewed fr..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......n 25.9.2008, this defendant-petitioner filed an application under section 47 of the Artha Rin Adalat Ain, 2003 praying for allowing him to pay the principal loan along with 200% of the principal loan amount as interest as per section 47 of the Artha Rin Adalat Ain, 2003. The learned Judge of the Ada......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......ent petitioner auction purchased the valuable property of him. The said auction was confirmed on 25-11-1975. The said auction was not in proper, illegal and mala fide and the value of the auction money was not proper. The opposite party No.1 came to know the same on 11-07-1976. Hence the case. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
.... be done by, with or for, the Bank. 37. Apart from Section 37 of the Ordinance and the Explanation annexed thereto, it also appears from other provisions of the Ordinance that the Ordinance as a whole does not recognise the petitioner or anybody else as the founder of Grameen Bank nor does it c......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......erest and as such the petitioner should be treated not only in accordance with law, but also with honour, respect and dignity inasmuch Grameen Bank has come to its present position with the deposited money of more than 80 lakh women, who are the shareholders and owners of the institution and only th..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......that about 2(two) months before the informant Md. Abdul Halim and his sister Momtag Begum gave Taka 2,00,000.00 (Two Lac) to Kazol and Shazol for the purpose of going to Saudi Arabia but after taking money they failed to take any step for sending them to Saudi Arabia. On 10.02.2003 at morning Kazol ..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......be back and accordingly he returned home but after expiry of 5 days failing to get his daughter he asked to Chairman but he failed to do anything. At that time the accused Amena Bibi offered him some money and asked him not to take any legal action against them and the matter will be settled as very..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......grani Bank, Reazuddin Bazar Branch, Chittagong as plaintiff instituted Artha Rin Suit No. 424 of 2004 in the Artha Rin Adalat, Chittagong against the petitioner and two others for realisation of loan amounting to Taka 53,52,404.28 (Taka fifty-three lac fifty-two thousand four hundred four and Paisa ......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187