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Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....Rahman J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1......cuments issued by the master and the chief engineer of the defendant No. 1 vessel shall not be treated as made liable the registered owner of the vessel M/S. Doosan Capital Co., Limited to pay the so-called dues of the plaintiff. 25. The learned Advocate Mr. A. K. M. Fakrul Islam, finally submi......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
.... 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 accused persons assaulted the sister of the informant causing serious injuries and at one stage the appellant......-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....... established, the approach of the Court in the matter of bail is not that the accused should be detained by way of punishment but whether the presence of the accused would be readily avail able for trial or that he is likely to abuse the discretion granted in his favour by tampering with evidenc......wyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney-General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 o..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....poration, 40/5 Strand Road, 6th floor, Calcutta 7000001, India. 7. Business Services Corporation, 29 Airport Road, (1st floor) Dhaka 1215, Bangladesh. Indentor and Local Agent of the supplier M/S. sontosh Overseas Trade Corporation 40/5, Strand Road, 6th floor, Calcutta 7000001, India. 8. Rupa......t, quality, quantity, contents and value of the goods shipped and since the plaintiff raised claim against the insurance company the carrier has got no liability to compensate the plaintiff or his so-called loss caused by the non-delivery of the goods. 6. By an additional written statement dated ......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: ......or, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owne..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....ase No.123 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment fo......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: ......ge sheet on 27.7.1996 against the appellant and twenty others under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 199......General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....5. There is no scope to treat them as defaulting borrowers and loan can not be refused to the petitioners by the banks on the ground that they are defaulting borrowers though it may be refused due to some other valid reasons. Lawyers Involved: A. M. Aminuddin with Munshi Moniruzzarnan -For the......nuddin with Munshi Moniruzzarnan -For the Petitioners. Forrukh Rahman-For Respondent Nos. 2 and 4. Writ Petition No.6016 of 2008. Judgment Zinat Ara J.- In this rule nishi the petitioners called in questions the legality of the publication of the names of the petitioners as loan defaulte......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: .......- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 while convicting appellant No.2 under section 4 (b) of the said Ordinance and sentencing them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka five thousand for each in default to suffer rigorous impri......ere members of Sarbahara Party and used to commit robbery in different places. The accused persons being equipped with dao, stick, cut rifle, iron rod and knife had appeared in front of her house and called with the name of her husband at about 1/1.30 a.m. on 24.4.1995. At one stage they entered int...... investigation submitted charge sheet on 11.7.1995 against the appellants and three others and proposed release of another as no prima-facie case was found against him. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Barisal and was registered as Na......gree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....d vested in Government and was published in khas khatian. The Government under a policy of rehabilitation of the refugees migrated from India, allotted 4.00 acres of land to the plaintiffs’ predecessors, namely, Farek Uddin and Forman Ali in L.A. Case No. 98/52-53. Each of them got 2.00 acres of ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......r Farek Uddin. Their further case is that the R.S. khatian of the suit land was published in the name of Gandola Sheikh, which was the nick name of Meher Mondal. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. The plaintiffs in order to prove their case ......nd down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
....atan Daman Tribunal No.2, Chuadanga in Nari-O-Shishu Case No.176 of 2002 convicting the petitioner under section 11(Kha) of the Nari-O-Shishu Nirjatan Daman Ain,2000 and sentencing him to suffer imprisonment for life with a fine of Tk.10,000/- in default to suffer rigorous imprisonment for 3(three) ......ccused beat the victim and left the house and he did not come back home all daylong. That the complainant went to bed after taking her supper. At about 9.30 p.m. the complainant came back at home and called the victim, in his response the victim opened the door. No sooner had the victim complainant ......Ka) and (Kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the petitioner. 4. Thereafter the case was transmitted to the Court of Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chuadanga for trial and renumbered as Nari-O-Shishu Case No. 176 of 2002 wherein a charge was so framed under sect......al-For the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
.... March 29, 2011. Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/s......al gain to others or caused any financial loss to the public exchequer. 43. Moreover, the case was started without any prior sanction for lodging -the case against the appellant and the so-called sanction letter issued by the Commission for submitting charge-sheet was not in accordance wi......er section 5(2) of the Prevention of Corruption Act, 1947 read with section 109 of the Penal Code. 4. Thereafter, the case record was transmitted to the Mohanagar Senior Special Judge, Dhaka for trial. Subsequently, the case record was transferred to the Special Judge, Special Judge Court No.2,...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
.... of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narail Police Station against 4 accused persons alleging that on 1.2.10 on the way back from her school informant daughter Sarmin Sultana was k......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......of the Nari-O-Shishu Nirjatan Daman Ain,2000 was started against them. Thereafter the case was duly been investigated by the police, who submitted a final report against the appellants thereafter the trial court after rejecting the final report took cognizance of the case by the order on 27.10.2710 ...... This Case is also Reported in: ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....u Nirjatan Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonment for ......otice, who again assured her to marry but ultimately, started to avoid her. Finding no way, she informed the matter firstly, to her Bhabi (brother's wife) and then to all others. The local Chairman called the father of the accused, who agreed in her favour to arrange marriage and also assured to s......olice after investigation into the case submitted charge sheet against the present convict-appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 4. The case being ready for trial, the case record was send to the Nari-o-Shishu Nirjatan Daman Tribunal, Chandpur and charges w......ssistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirja..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the rate of 0.015% at source on the value of shares, debentures, mutual funds, bonds or securities transacted by the ......rged from tax liability. The further levy of taxes by the Deputy Commissioner of Taxes is illegal" and this judgment has become a binding precedent. The Deputy Commissioner of Taxes (hereinafter called DCT) misunderstood the law and served a notice under section 83 (1) and 79 of the Ordinance f......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. ......;s Cirle-15/Taxes Zone-05/2008-2009. 2. Facts leading to the filing of this Reference Application, in short, are that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....hy;missed by the judgment and order dated 28-2-1985 vide exhibit 'Gha'. The Appellate Division directed the present appellant (defendant Nos. 1 and 2 of the instant suit) to make payment of a solatium of Taka 1, 00,000 within 30 days from the date of the order. As such, the plaintiff of the ...... 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 ......execution of agreement by the seller and payment of earnest money or entire consideration money. In the earlier suit those requirements have been proved and the judgment and decree passed by the trial court allowing specific performance of contract has been affirmed by the appellant Division. N......is also Reported in: 65 DLR (HCD) (2013) 543 ..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)
....a settled this 48 decimals of land in favour of Khalilur Rahman and Biadhan Bia by a registered kabuliyat dated 29.01.1943. Biadhan Bia by a kabala executed on 01.11.1951 and registered on 22.02.1952 sold 6 ¾ decimals of land of suit plot No.2687 along with 2¾ decimals of land of other plot to Si......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. ......os. 1, 2 and 8 made a registered deed of partition. By the said partition deed the defendant No.8 got 4 decimals of land of the suit plot which he is enjoying with his sons and daughters. 6. The trial court by his judgment and decree dated 22.07.2004 decreed the suit. On appeal the appellate co......Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others………………………..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. His case, in a nutshell, was that he was a co-sharer in the case land. The petitioner Md. Ferajtulla Sheikh sold the case land to opposite party Nos. 2-3 without any notice to him. He came to learn about the ......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......e the transfer was a mortgage in nature, there was no scope to pre-empt the case land. He, however, admitted that the preemptor was a co-sharer in the case land. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. Both the parties examined their witnesses an...... ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....lphamary) PS Case No. 10 dated 19-4-2003 under sections 148/149/302/34 of the Penal Code] convicting the Appellants under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay penalty of Tk. 10,000, in default to suffer one year rigorous imprisonme......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 ......stigation, he submitted charge-sheet being charge-sheet No.97 dated 05-8-2003 against the Appellants and others under sections 148/149/302/34 of the Penal Code. 5. The case, being ready for trial, was sent to the Court of Sessions Judge, Nilphamary, wherefrom the same was transferred to th......smissed. Code of Criminal Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the particip..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
.... Tribunal Case No.42 of 2009 arising out of G.R. Case No.100 of 2009 corresponding to Kashiani P.S. Case No. 3 dated 04.07.2009 is hereby set aside and the appellant Alomgir Hossain alias Abdul Aziz, son of Abdul Gazi alias Abdul Aziz may find bail on furnishing bail bond subject to the satisfaction......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... preferred the instant appeal. 3. The learned advocate appearing for the appellant submits that only the other day i.e. on 17-01-2011 charge was framed in this case, in that view of the matter the trial will be further delayed and the appellant by this time is languishing in jail custody for more......se No. 3 dated 04.07.2009 under section 25B(2) of the Special Powers Act, rejecting the prayer for bail of the appellant. 2. 435 bottles of phensedyl was alleged to be recovered from a private Car and the appellant was arrested there from considering him as a driver of the car, accordingly an FIR..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....aintiff bank filed the deficit court fee. This petitioner, as borrower defendant, appeared-in that Artha Rin Suit and filed written statement and ultimately the suit was ready for trial and trial also commenced. At that stage, on 25.9.2008, this defendant-petitioner filed an application under sect......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 11.5.2004 the plaintiff bank filed the deficit court fee. This petitioner, as borrower defendant, appeared-in that Artha Rin Suit and filed written statement and ultimately the suit was ready for trial and trial also commenced. At that stage, on 25.9.2008, this defendant-petitioner filed an appl......ate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) J..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... Bank (Nationalisation) (Amendment) Ordinance, 1983 the entire undertaking of the Pubali Bank was transferred to respondent No. 4 in 1983. Consequently, vide memo dated 8-11-1983 Pubali Bank stood dissolved on and from 8-1 1-1983. In this regard respondent No. 4 had also paid a sum of Taka 16 (sixte...... Writ Petition No. 6017 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned office order vide memo No. PBI/N.GONJ/ Release Orde...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......) Present: Farah Mahbub J Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
....ut of Sutrapur P.S. Case No.64 dated 29.5.2004 corresponding to G.R. Case No. 306/2004 convicting the appellant under section 19A and 19(f) of the Arms Act, and sentencing him to suffer rigorous imprisonment for 10 years and 7 years respectively both sentence will run concurrently, should not be qua...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......ubmitted a charge sheet on 14.6.2004 against the petitioner under section 19A of the Arms Act. 5. Thereafter the case was transmitted to the Court of Metropolitan Special Tribunal No.10, Dhaka for trial, who by the order dated 28.11.04 after taking cognizance framed charge under section 19A of th......gment AKM Asaduzzaman J. - On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 24.7.2008 passed by the learned Metropolitan Special Tribunal No.7 and Juvenile C..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
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