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....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......………………Defendants
Judgment
October 26, 2008.
Result:
The Applications are dismissed.
Case Referred to-
‘The Fanti' and ‘The Padre Island’, (1990) 2 Lloyd's Law Report 191; Imperial Bank Vs. London and St. Katherine Docks Company, (1877) 5 Ch. D 195, 200; M/s M. M......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......nsured. Among the wide range of risks covered by P. & I. clubs is liability incurred by members to cargo-owners for loss of or damage to cargo carried in an entered ship. P. & I. clubs have bodies of rules governing the relationships between the club and its members and between one membe..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
....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:
......sh, represented by the Secretary, Ministry of Education and others …………. Respondents
Judgment
May 24 and 25, 2012.
Result:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petiti......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:
......s simultaneously. The learned Advocate further submits that Williamsburg University is located in the City of Manchester, U.K. and that even though its name does not appear in the lists of recognized bodies in U.K., nevertheless it exists with degree awarding powers. In this regard he has drawn our ..
Category: Others | Date: | Hits: 146
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....s that the petitioners in both the cases are partners with Opposite party No.2 in a registered partnership firm under the name and style of M/s. Jalalabad Construction which have been carrying on the business of construction under the Government of Bangladesh. It has been alleged in C.R. Case No.1......n Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. Ahmed and the State Vs. Syed Imtiaz-uddin Hussain, 3 DLR 449; 17 DLR (Dacca), 382. Lawyers Involved: M. Jamiruddin Sircar - For the petitioners (In Criminal Revision No. 97 of 1980). Dewan A .M.S Zaman - For the peti......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..Category: Criminal Law | Date: | Hits: 87
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... learned Sub-ordinate Judge, fourth Court and Artha Rin Adalat, Dhaka in Title Suit No.19 of 1999 decreeing the suit. 3. The case of the plaintiff, in short, is that the plaintiff is a established business man; that while he was looking for a place on the Dhaka Aricha Road to build a Patrol Pump,......Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, PLD 1947 PC. Lawyers Involved: Mahbubay Alam With Moinul Islam Chowdhury - For the appellants. F.R.M. Nazmul Ahsan - For the Respondent. First Appeal No.197 of 2000 Wi......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
....e are narcotics under the said Act although these are the most important and essential ingredients as raw materials for the preparation of homeopathic drugs and medicines. As a result their trade and business as manufacturers and users of the homeopathic drugs and medicines have been adversely affec......arged.
Case Referred to-
Union of India Vs. Ganapatrai Sagarmull, AIR 1983 Cal 14.
Lawyers Involved:
Dr. Kamal Hossain with Khandaker Mahbubuddin Ahmed and Subrata Choudhury, Advocates—For the Petitioner.
Abdur Razzaque Khan, Additional Attorney-General with SM Emdadul Hoque, Assist......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.
......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
.... respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect.
2. The following is the brief case of the petitioner. The petitioner is an established businessman. He also deals in the business of running ferry ghats. He was a major partner of M/s Lia......nd others case, BLD 1987 (AD) 106; Mesbahuddin Ahmed Vs. Government of Bangladesh and others, 47 DLR 515.
Lawyers Involved:
Moudud Ahmed with Md. Azizul Haq and A M Mahbub Uddin, Advocates ‑ For the Petitioner.
Munsurul Hoque Chowdhury, Deputy Attorney-General ‑ For the Respondent No.......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
..
Category: Civil Law | Date: | Hits: 178
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....having its own independent corporation personality. 13. We, therefore, find that a public corporation is a hybrid organism showing some of the features of a Government Department and some of a business company and standing outside the ordinary framework of Central and Local Government...”......…………Petitioner Vs. Abdul Awal………………………Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawyer......tatutory bodies, as they existed before the liberation of Bangladesh with some variation to suit the changing needs. This public statutory bodies including the nationalised banks came to have a corporate personality and a juristic entity of their own and they can sue and be sued in the ordin...... reading of P.O. No.26 of 1972, as amended upto date it appears that the mechanism of running the nationalised banks in Bangladesh is not different from that of running several other public statutory bodies before the liberation of Bangladesh. The nationalised banks in Bangladesh is not different ..Category: Others | Date: | Hits: 163
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....st by public servant or by banker, merchant or agent.- Whoever being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker merchant, factor, broker, attorney or agent, commits criminal breach of trust i......and others………………………Appellants Vs. The State…………………………Respondent Judgment August 10, 2005. Result: The appeal is allowed. The Prevention of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......e rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 BLD 11. Lawyers Involved: A.K.M. Shamsul Karim - For the petitioners. Shamim Ara Dora Assistant Attorney-General - For the State. Criminal Revis......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......lt of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started for the place of occurrence and they saw two dead bodies and also found two buses in broken condition and also came to know from Faizal Hoque, Abdul H..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....ition No.9537 of 2008. 2. The facts of the case, in short, are that the writ-petitioner is a private limited company incorporated on 04.01.2007 under the laws of Bangladesh for conducting the business of cargo agents, forwarding agents, clearing agents and/or general agents for operators o......s Vs. CMA CGM Bangladesh Shipping Limited……………...Respondent Order January 28, 2009. Result: Leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Ferozur Rahman, Advocate-on-Record-For the Petitioners. Salahuddin A......st the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008. 2. The facts of the case, in short, are that the writ-petitioner is a private limited company incorporated on 04.01.2007 under the laws of Bangladesh for conducting the business of cargo agents,......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
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
.... learned Subordinate Judge and Arbitration Court, Dhaka, in Arbitration Miscellaneous Case No.37 of 1994 should not be set aside. 2. The petitioner British Airways Plc is an Airline engaged in the business of carrying passengers and goods to and from different parts of the world. The opposite par...... Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141; the Eleftheria Vs. Owners of Ship or Vessel, (1969) 2 All E......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....owlader retired on 23.4.77. The National Rice, Flour and Oil Mills Ltd., a private limited company was incorporated under the Companies Act, 1913 on 23.4.77 and it took over the aforesaid partnership business on that day. On 27.2.83 defendant No.1, the father of plaintiff No.1, a Director of the Com......ahangir Alam Matbar………………………Opposite Parties Judgment August 21, 1983. Result: The Rule is made absolute. Lawyers Involved: M.A. Quyum with Subodh Ranjan Dutta - For the Petitioners. A. F. Hasan Ariff with Hemayetuddin Ahmed - For the Opposite Parties. Civ......M/s. National Rice Flour and Oil Mills." at Hatkhola Road, Barisal. Subsequently Abul Hossain Howlader retired on 23.4.77. The National Rice, Flour and Oil Mills Ltd., a private limited company was incorporated under the Companies Act, 1913 on 23.4.77 and it took over the aforesaid partnership busin......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ..Category: Civil Law | Date: | Hits: 147
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... "Enemigo" is "An Enemy". In Public Law, the term "Enemy" signifies either the state which is at war with another or a citizen or Subject of such state, or a person, partnership, or Corporation doing business within the territory of an enemy state Or an ally thereof. [underlines are of mine]. The co......ak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposit......o husband of plaintiff unless the latter is the rightful owner landlord or suit premises. The words "mistaken belief" has been introduced only for a malafide and ulterior motive. From the statement incorporated in plaint of Title Suit No.306 of 1978 and, also, written statement laid in the present T......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
....tograph Act, 1918 (Act No.11 of 1918). The licence having been accorded under the provision of law by the District Magistrate of the concerned district in the year 1983 the Cinema House continued its business in usual course. The Government introduced and levied Capacity Tax under the provision of S......….Respondents
Judgment
March 20, 1994.
Result:
The Rule is discharged.
Cases Referred to-
46 DLR 282; 21 DLR (SC) 225.
Lawyers Involved:
Shaikh Razzaque Ali, Advocate ‑ For the Petitioner.
None - For the Respondents.
Writ Petition No.40 or 1990 (Jessore).
Writ ......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
..
Category: Fiscal/Taxation Law | Date: | Hits: 278
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. ......nd others………………………Respondent Judgment February 28, 1996. Result: The death reference is rejected. The appeal filed by the accused‑appellants Raisuddin, Amanullah, Morshed, Samar, Moula, Shabid, Makbul, Manik, Islam and Ramizuddin, is allowed. Cases Referred to...... 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. ......ion (First Information Report) with the OC who recorded the First Information Report as per dictation of the informant Abdul Jabbar. Police investigated into the case, made inquest report of the dead bodies, examined the witnesses under section 161 CrPC, prepared a sketch map and index thereof and a..Category: Criminal Law | Date: | Hits: 104
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....f DR notes. 9. It is further stated that the defendant respondent enjoyed all the above mentioned loan facilities and all the transactions have got continuity loan connections against the selfsame business. 10. It is also stated that on the date of proposal for the last sanction loan dated 25.......ank……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyer......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....omise of enhancing the cost for the work. The petitioner improperly enhanced the bank guarantee without giving the opposite party any opportunity to show cause, which act damaged the opposite party's business goodwill computed in terms of money at Tk. 2500000.00 at least. The opposite party sustaine......orted in: 15 BLT (HCD) (2007) 11. ......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. ......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)
.... with and in continuation of clauses (2) and (4) of Article 55. The Rules of Business made by the President under Article 55(6) of the Constitution are the rules for allocation and transaction of the business of the executive Government, not regulating the appointment and conditions of service of pe......owdhury Vs. Justice Md. Abdur Rouf, BDL 127; Kazi Abdul Wahad Vs. Bangladesh and others, 31 DLR 332; Abu Bakar Siddique Vs. Justice Shahabuddin Ahmed and other, 49 DLR 1; Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Sk. A. Rashid Vs. Bangladesh and oth......lic and the President to make rules therefore in the absence of a law made by Parliament. But this power being subject to the provisions of the Constitution and the doctrine of pleasure having been incorporated by Article 134, no law or rule under Article 133 can be made curtailing or fettering the ......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)
....the Form A, supply of all necessary information required by the respondent and payment of license fee, the petitioner's license was not renewed. The petitioner has in the mean time continued with the business per Rule 6(2) of Saw Mills License Rules, 1998 whereby an applicant may continue with his b......Vs. Bangladesh and others………………..............Respondents Judgment May 25, 2008. Result: The petition is dismissed. Lawyer Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Civil Petition for Leave to Ap......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...Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....Thereafter, the petitioner on 19.02.2006 prayed for 120 days earned leave for encashment from 26.02.2006 to 26.06.2006. In the said application for leave the petitioner stated that he had some family business for which he needed money and also he will have to enjoy leave himself in connection with a......ported in: ...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 156
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