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Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......ate Court on point of limitation is erroneous and that cannot be sustained. For recurring refusal the limitation in a suit for Specific Performance of Contract cannot be extended. Limitation will run according to Article 113 of the Limitation Act from the date when the plaintiff noticed that the per......Court of Assistant Judge, Rajoir for Specific Performance of Contract on the basis of an unregistered kabala alleging that Gour Chand Halder, Guru Das Halder, Ruhi Das Halder and Bimala Devi proposed to sell the suit property to the father of the plaintiff Akhoy Kumar Halder at a price of Taka 250 a...... to February, 1979 and the cause of action arose from February, 1979 and the suit having been filed on 21-1-1982, the suit is very much within time and the trial Court misconceiving the facts and the law relating to the cause of action and the point of limitation arrived at a wrong decision. The lea..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ......’s Tanker T-1049 due to the negligence and dereliction of duties of the crew members of the defendant’s vessel MT ESSENCE. The defendant’s vessel also violated the Navigation Rules and Maritime laws. There was no negligence and dereliction of the duties on the part of the crew members of the p..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....in discharging the consignment from the ship and remaining unpaid for the last 13 years the plaintiff is entitled to recover the compensation with interest @ 18% per annum which will meet the ends of justice. The defendant since never expressed his intention to pay off this lawful claim of the plain......It has been asserted further by the defendants that the vessel MV CHOSUN HOPE loaded the cargo of the plaintiff at the LIAN YOUNGANG Port, China for discharging the same at Chittagong, Bangladesh and accordingly, the said vessel sailed from the loading port from China on 29.5.1997 and arrived at Chi...... 4. Ocean Wave Shipping Ltd. 93, Motijheel, C.A. (4th Floor), Dhaka………......Defendant Judgment March 1, 2010. Result: That the suit be decreed in part with cost. Case Referred to- M/S Shahnaj Traders Vs. MV SLETTER and others, 7 BLT (AD) 381. Lawyers Involved: Dr. M.......e binding date as alleged by the plaintiff as has been provided in the charter party and accordingly the allegations against the defendants for late arrival of the vessel is not tenable in the eye of law and facts. The owner of the vessel never undertook to discharge the cargo with the consignee wit..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......on behalf of the father submits that the victim is a minor girl and her date of birth is dated 20.12.1995 and as such she can not be released from the judicial custody and can not go on her free will accordingly he prays for discharging the rule. 5. At the midst of hearing on 27.02.2011 this cour......te parties Judgment March 21, 2011. Lawyers Involved: Zakir Hossain, Advocate-For the petitioner. Ashok Kumar Banik, Advocate-For the father of the victim. Bashir Ahmed, Assistant Attorney General-For the Opposite parties. Criminal Miscellaneous Case No. 22065 of 2010. Judgme......010 started under section 7/30 of the Nari-O-Shishu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with in accordance with ..Category: Criminal Law | Date: | Hits: 57
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....d order. 5. In view of the submission of the learned advocate for the petitioners to the effect that the Investigation Officer could not conclude the further investigation, we are of the view that justice would be met if a time is fixed for concluding the further investigation of the case. 5. ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......……………………………………….Opposite party Judgment March 6, 2011. Lawyers Involved: Md. Wahiduzzaman Sohel, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 31958 of 2010. Judgment......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Gias Uddin Vs. State, 2011, 40 CLC (HCD)
.... and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not make the case ready for trial, we are of the view that justice would be met if a time is fixed for making the case ready for trial. Accordingly the rule......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......………………………………….………….Opposite party Judgment March 13, 2011. Lawyers Involved: Ms. Zahida Khatun, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 18501 of 2010. Judgment......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......……………………………………..…………Respondent Judgment March 16, 2011. Lawyers Involved: Mrs. Zahida Khatun, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General - For the respondent. Criminal Appeal No. 4497 of 2007. Judgment AKM Asaduzz......as there is no ingredients of any offence under section 9 (Ka) of the Nari-O-Shishu Nirjatan Daman Ain,1995 and the impugned judgment was passed without jurisdiction and thus it is not sustainable in law. 11. The learned Assistant Attorney General appearing for the opposite party opposed the appe..Category: Criminal Law | Date: | Hits: 60
Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)
....y affidavit and the impugned order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not produce any witness, we are of the view that justice would be met if a time is fixed to produce any witness of the case. Accordingly the appea......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... The State…………………………………..………….Respondent Judgment April 6, 2011. Lawyers Involved: Sarwar Ahmed, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General-For the Respondent. Criminal Appeal No. 5501 of 2010. Judgment AKM Asaduzzam......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 65
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......ent AFM Abdur Rahman J. - The defendant MV C UTOPIA filed an application praying for issuing certified copy of the order dated 21.1.2010 through which the defendant has been directed by this court to furnish Bank Guarantee on behalf of the defendant in favour of the Registrar of this Court in ord......fore the order is being executed by the Marshal of this Court. 3. The learned Senior Advocate Dr. M. Zahir argues that no such practice is prevailing in this jurisdiction so far his profession of law of 60 years is concerned and a practice which even prevails against the interest of the litigant..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ....... 6. Let the Money Suit No.30 of 2008 be withdrawn from the 2nd Court of Additional District Judge, Dhaka and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Repor......n……………………… …………………………Plaintiff Vs. M.V. TITU-5 and others …………………………...... Defendants Judgment January 17, 2010. Case Referred to- Islami Bank Bangladesh Ltd. Vs. Meng Horug Shipping Pte. Ltd. and others. Lawyers Involved......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....ner at the cost of the Government, the accused should he acquitted [referring to 27 DLR (AD) 1] and alternatively, he submits that at least there should be commutation of the sentence for the ends of justice. He further submits that from the record it appears that the State defence lawyer did not ta......bout 10/15 minutes of going out from the house he was attacked and that Nazrul Islam (P.W.2) sent information to the police station and the police came and saw the dead body and the ejhar was written according to her statement in her house and she mentioned the injuries in the ejhar and that the dec......…………..Respondent Judgment April 23, 2000. Case Referred To- Abdur Rashid Vs. State, 27 DLR (AD) 1. Lawyers Involved: Shamsuddin Chowdhury with Syed Haider Ali, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. ......estion put by the court she stated that at the time of deposing she had been residing in her father’s house and that accused was cultivator and her husband passed Intermediate in Arts and father-in-law and mother-in-law were alive who used to take meal jointly and that they had about 40/45 bighas ..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......plaintiff had been running his business in the aforesaid holding, this Holding No.74 Motijheel Commercial Area, Dhaka was declared as an Abandoned Property under President’s Order No.16 of 1972 and accordingly, it vested in the Government of the People’s Republic of Bangladesh namely, defendant .......1 (In FA No.85 of 1997 and FA No.158 of 1999). M Nurullah with AQM Safiullah, Mohammed Ullah and Ashraf Kanial, Advocates - For Respondent Nos. 2 and 3 (In FA No.85 of 1997). Mahmudul Islam, Attorney-General - For the Appellants (In FA No. 158 of 1999). Syed Ishtiaq Ahmed with Syed Refaat ......rised persons at a price fixed by the Ministry without selling it through open tender. So, as per Government policy and the circulars the plaintiff is entitled to purchase the suit holding as he is a lawful lessee with regard to the suit holding. It is further stated that in the matter of policy of ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ...... authority and that the respondent bank having realised Taka 5 lac and then having withdrawn the case it would be deemed that the Bank has withdrawn that claim and, as such, there is no liability now according to law laid down in Order 2 rule 2 CPC. 10. Dr. M Zahir, the learned Advocate, has not ......Respondent No.1. Md. Shamsul Huda, Advocate - For added Respondent. Writ Petition No.1962 of 1999. Judgment Khademul Islam Chowdhury J.- This Rule was issued calling upon the respondents to show cause as to why publication on 14-5-1999 in the Daily Star of the Notice to sell the vessel,......tar of the Notice to sell the vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a registered Private Company..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e suit land and also for a declaration that the Registered Deed No.2192 dated 3.3.1999 allegedly executed by the Defendant No.2 in favour of the Defendant No.1 is a product of forgery, concoction and accordingly illegal and not binding upon the plaintiff. 4. Defendant Nos.1 and 2 contested the s......l be no order as to cost. Ed. This Case is also Reported in: ......fendant No.2 Samala Bibi, and sister of defendant No.1 Noor Mohammad. P.W.3 Wajuddin is also an attesting witness of the plaintiff’s title deed who is the husband of the P.W.2 Kajol Banu and son-in-law of the defendant No.2 Samala Bibi. On the other hand the defendants examined as many as 4 D.Ws. ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......s. 1. The Government of the People’s Republic of Bangladesh represented by its Secretary, Ministry of Education (Primary and Mass Education), Bangladesh Secretariat, Ramna, Dhaka. 2. The Director General, Directorate of Primary Education, People’s Republic of Bangladesh, Mirpur, Dhaka. ...... Retirement Act, 1974 has no implication upon such rights of the petitioner as the same is not applicable in the case of the petitioner and as such the impugned order was issued on misconstruction of law. 5. The learned Deputy Attorney General Mr. Mujibar Rahman appearing on behalf of the Govern..Category: Employment/Service Law | Date: | Hits: 70
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......reiterated his innocence, but did not explain anything as to the reason of death of the victim. After conclusion of trial, the learned Sessions Judge found him guilty of charge framed against him and accordingly pronounced the judgment and order of conviction and sentence on 29.9.1993 as stated abov...... Judgment April 5, 2011. Cases Referred To- 60 DLR 261, 5 BLC 492, 2 BLC (AD) 126, 5 MLR (AD) 362. Lawyers Involved: Not represented- the appellant. Shah Abdul Hatem, Assistant Attorney General. – For the respondent. Criminal Appeal No.2048 of 1993. Judgment Md. Ruhul......e of the death of his wife. It gives clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal law that if a wife is found dead in custody of her husband and he fails to explain the cause of her ..Category: Criminal Law | Date: | Hits: 58
Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)
.... bail and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not submit the police report, we are of the view that justice would be met if a time is fixed for submitting the police report. Accordingly the rule is......ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......e State……….…………………………….Opposite party Judgment March 27, 2011. Lawyers Involved: Mohammad Ali Miah, Advocate -For the petitioner. Bashir Ahmed, Assistant Attorney General - For the opposite party. Criminal Miscellaneous Case No. 643 of 2011. Judgment......ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Abdul Ohid Vs. State, 2011, 40 CLC (HCD)
....n for bail and the impugned order. 8. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not make the case ready, we are of the view that justice would be met if a time is fixed to make the case ready for hearing. Accordingly the rule ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Vs. The State…………………………….Opposite party Judgment March 27, 2011. Lawyers Involved: Mohammad Ali Miah, Advocate -For the petitioner. Bashir Ahmed, Assistant Attorney General -For the opposite party. Criminal Miscellaneous Case No. 681 of 2011. Judgment ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Md. Nashir Vs. State, 2011, 40 CLC (HCD)
....and the impugned order. 8. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not conclude the trial of the case, we are of the view that justice would be met if a time is fixed to conclude the trial. 9. Accordingly the rule is dispose...... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Vs. The State…………………………Opposite party Judgment March 28, 2011. Lawyers Involved: Kazi Muzibur Rahman, Advocate -For the petitioner. Bashir Ahmed, Assistant Attorney General -For the opposite party. Criminal Miscellaneous Case No. 737 of 2011. Judgment ...... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......……..Petitioners Vs. Bangladesh represented by its Secretary, Ministry of Information, Government of Bangladesh Secretariat, Segunbagicha, Dhaka and others........Respondents Order October 5, 2010. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (with Ajmalul Hossain Q.C., S......ition denying material allegations made in the writ petition. The substance of their case is that the NOC was issued on certain terms and conditions and subsequently the Government promulgate new law being “বাংলাদেশ টেলিভিশনের জন্য টেরেস্..Category: Information Technology Law | Date: | Hits: 585
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