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Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....o.1 vessel, therefore in no way this can be termed as a transfer of the basic right. Accordingly, the learned Advocate Mr. Giasuddin Ahmed argued the ship management agreement is not violative of the provision of Article 27 and Article 33 of the agreement dated 27.5.2008 executed in between the defe......t No.1 vessel and has no authority to transfer the right on the vessel and as such the owner of the vessel M/S. Doosan Capital Co. Ltd. is not responsible for any liability in any manner under such unlawful agreement between the plaintiff and the defendant No. 2. Since the owner of the defendant No...Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-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.......tan Daman Ain that sometimes the learned Judges while dealing with those cases become emotional and partisan and Sympathetic to the women. Now a days it is admitted by most the jurists that this very law has been rampantly misused and in most of the cases police handles those cases recklessly and ..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....by the supplier, the defendant No. 6 and therefore the instant Admiralty suit is maintainable against the defendants. 19. It appears that the plaintiff has framed out his suit to be covered by the provisions of Section 3(2) (Chha) of the Admiralty Court Act 2000 which runs as follows; এড......ntioned in the marine insurance policy. The defendant No.6 did not supply the specified goods and therefore the plaintiff’s so-called loss is not covered by the insurance policy. The defendant No.4 lawfully refused the claim of the plaintiff. The defendant No.4 further claimed that as the supplier..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. ......ts total receipts, without deciding the status of Gemcon Ltd. or its actual liability under the VAT Act. 12. Under the circumstances, the High Court Division, with respect, committed an error of law in holding that the company being engaged in holding that the company being engaged in ‘..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....of Mirza Monwar Hossain. The godowns were not sealed. In his presence those were sealed under joint signatures of Kazi Khalilur Rahman and the appellant. In cross-examination he stated that there was provision of inspection of godown once in every fifteen days. But the Upazila Food Controller never ......sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the appellant and others under the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Sub..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: ......It is not clear what prevented to record her statement immediately after her recovery. Moreover it is apparent on the evidence of the Magistrate that her statement was not recorded in accordance with law and it was recorded on plain paper, not on a prescribed form. Even then if we consider the state..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....ate, appearing for the petitioner, has submitted that when the High Court Division found that it was necessary to prepare a fresh voter list after excluding the names of the Rohingas pursuant to the provisions of section 11(2) of Act No.6 of 2009 the election of the Pourashavas in question having b......ladesh and others………….......Respondents Judgment April 3, 2011. Result: The petition is dismissed. Whether writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... 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: ......ue on limitation and decided it in favour of the plaintiffs. The defendants in their memo of appeal did not take any ground on limitation. In such a case, the lower appellate Court committed error of law in raising and deciding the issue of limitation. 12. On perusal of the oral evidence, it appe..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....cing the same before the Building Construction Committee. He also stated that the said plan was fake one, which was created by the appellant himself. But, no where in the FIR, informant mentioned any provision of law which has been violated by the appellant. 30. To appreciate the prosecution al...... before the Building Construction Committee. He also stated that the said plan was fake one, which was created by the appellant himself. But, no where in the FIR, informant mentioned any provision of law which has been violated by the appellant. 30. To appreciate the prosecution allegation..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
....রিত সময়ের মধ্যে, আবেদনকারীর অনুকূলে হস্তান্তরের আদেশ প্রদান করিবেন। 5. The above provision of law clearly speaks that against the order passed by the Adalat as defined in Section 2K......the মানিলন্ডারিং প্রতিরোধ আইন, ২০০৯. 4. On such submission we have gone through the application meticulously and the respective provision of law incorporating in the মানিলন্ডারিং প্রতিরোধ আইন, ..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....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 acquittal in this case and the trial court without applying his judicial mind rejected the prayer for bail of the appellants most illegally and as such the impugned judgment is not sustainable in law which is liable to be set aside and the appellant No.1 may be enlarged on bail. He further submi..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......ead, the convict was hatching up conspiracy to commit sexual intercourse with her. On 20-12-2002 at about 7-30 PM while the P.W.1 was coming back home after viewing television from her brother-in-law's house, on the way near the house of the convict, she was caught and raped by the convict. The ..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....carefully gone through the Reference application and the different Annexures thereto. For proper answer of the questions formulated in this reference it would be profitable to go through the relevant provisions of the Ordinance on this behalf. Section 52 BBB states:— "The Chief Execu......urther 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 for personal hearing and follow..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 ...... vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered? vii) Whether the impugned Judgment and decree are sustainable in law? 12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:&md..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....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: ......appearing for the petitioner submits that the lower appellate Court without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby committed error of law resulting in an error in the decision occasioning failure of justice. She further submits that s..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
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 ...... that Rafia dealt blow on the right side of the chest, Alia on the left-wrist and Chunnu on the right elbow and others dealt blows with hockey-sticks. 13. Another family member P.W. 5, sister-in-law of the deceased, also supported the prosecution case by and large. She deposed that while she al..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
..... Ultimately, on hearing both the sides, the High Court Division discharged that rule by the impugned judgment and order dated 1.1.3.2010 holding mainly that since the suit was filed on 28.4.2004 the provision of section 47 of the Artha Rin Adalat Ain, 2003 was not applicable to that suit and that t...... benefit of section 47 of the Artha Rin Adalat Ain, 2003. 5. Mr. Syed Amirul Islam, the learned Senior Advocate for the writ petitioner, has argued that the Artha Rin Adalat Ain, 2003 is a special law and the special provisions which have been incorporated in this law shall have to be followed ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....nce" observed as follows:— "Broadly speaking, legislation by referential incorporation falls in two categories: First, where a statute by specific reference incorporates the provisions of another statute as of the time of adoption. Second, where a statute in corporates by g......405/09, dated 25-2-2009 (Annexure-D) purported to have been issued by the respondent No.7 allowing the petitioner to go on LPR from 25-2-2009 should not be declared to have been made without any lawful authority and hence, of no effect. 2. Facts, in brief, are that the petitioner being a f..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....y Mr. Md. Jalaluddin, the learned Advocate appearing on behalf of the opposite party Nos.1(a)-1(c) submitted that both the Courts concurrently found that the auction which was held by violating the provision of law. The learned Advocate further submitted that both the Courts concurrently found tha......ction 115(1) of the Code of Civil Procedure and obtained the Rule. 7. Mr. M Asif Hasan, the learned Advocate appearing on behalf of the petitioner submitted that both the Courts committed error of law resulting in an error of decision occasioning failure of justice in not considering that the sum..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
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