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Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....sidered as a fund held by the banker in trust for the customer. It is merely a loan to the banker and the customer is entitled to no more than the repayment of an equivalent sum at the time which the agreement between the parties specifies." A Division Bench of this Court in the case of Rupali Ba......………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Result: The Rule is made absolute. Cases Referred to- Foley Vs. Hill, (1848) 2HL case 28; Rupali Bank Vs. Haji Ahmed Sowdager, 43 DLR 464=1991 BLD ......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......istant Sessions Judge and Special Tribunal Judge, Sherpur in Special Tribunal Case No.12 of 1992 convicting the appellant under section 25B of the Special Powers Act, 1974 and sentencing each of them to suffer RI for three years and to pay a fine of Taka 1000.00. 2. The prosecution case is that, ......s case. There is no denial that the sarees were not recovered from the accused. But the case of the accused persons is that those were Bangladeshi sarees and they are Feriwalas and they were going to sell the sarees in the village. So, the most relevant question in this case is to decide whether the..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....n 7 Ka of the Arbitration Act, 2001. 3. The application for vacating the aforesaid order of direction has been filed by respondent No.6 stating, inter alia, that resÂpondent No.6 entered in to an agreement dated 11-6-2008 with respondent No.2 for purchase of the goods described in the schedule o......r of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......n Case No.3 of 2009. Judgment Zubayer Rahman Chowdhury J.- This is an application for vacating the order passed by this Court on 28-10-2009 directing respondent Nos.1 and 2 not to dispose of or sell out the pipe lines and auxiliary equipments, as detailed in the Schedule of the application. ..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... the said goods came in contact with the saline water during the voyage either when the same was in mother vessel MV Vladivostok Senator or when in the feeder vessel 'MV Padma'. This Court is also in agreement with the argument that such an examination was required to substantiate the claim that the......of 1998. Judgment AFM Abdur Rahman J.- This Admiralty Suit filed by the plaintiff Mizanur Rahman Khan against the defendant No.1 American Liner Systems, USA, the owner of the Vessel 'MV Vladivostok Senator’ V-747, represented by its Local Agent: Aquamarine Ltd., defendant No.(2) Aquamarine L...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......¦â€¦â€¦â€¦Respondents
Judgment
May 18, 2010.
Result:
The Rule is made absolute in part.
The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 34 (9)
The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell......rt.
The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 34 (9)
The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell the mortgaged property in question.....................................(13)
Lawyers Involved..
Category: Civil Law | Date: | Hits: 127
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....In short, the case of the petitioner for the purpose of disposal of this Rule is as follows:- 3. The Respondent No.2 & 3 borrowed the amount of Tk. 50,00,000/= in the year 1994 under bilateral agreement with the petitioner in order to re-pay the amount in certain terms and condition incorpora...... Mohammad Anwarul Haque J SAK Md. Dabirush Shan J Standard Chartered Bank, 67 Gulshan Avenue, Dhaka-1212, represented by its Senior Manager Grotip Special Assets Management and constituted attorney Ms. Nadia Mizan.........................................Petitioner Vs. Artha Rin Adalat......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....e of it. Until he has done so he is not entitled to say that it or any part of it is clear and unambiguous." In that case the noble Law Lord Viscount Simonds observed; "I reject, therefore, the agreement in favour of restricting the meaning of the enacting words as far as it is based on any ot......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racec...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..Category: Property Law | Date: | Hits: 134
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
.... installment and took loan from bank and started a company wherein the plaintiff has been admitted to be a partÂner of the defendant No.1. It is the furÂther case of the plaintiff that there was an agreement dated 18.5.2003 and as per the said agreement it was agreed upon that the plaintiff and Fa......y with Ms. Badrun Nahar Begum Rosy-For the Opposite Party Nos.3-7. Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 28.6.2010 passed by the learned Additi...... We have gone through the plaint very carefully as well as the judgÂments of the Courts below very meticuÂlously. 13. Upon going through the plaint it shows that the defendant's father was given sell lenient of the tea estate in 1978 and a deed of settlement was executed and registered on 2.5.1..Category: Civil Law | Date: | Hits: 115
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forÂwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......and cargo flights worldwide. 3. Respondent No.1 company (hereÂinafter referred to as the company) is a private company incorporated under the Companies Act, 1913 and is engaged in the business of selling airlines ticket. 4. In course of their business, the comÂpany was appointed as General S..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....n is a mixed question of law and fact and unless the evidence is taken regarding when and how the limitation has started or ended no decision on the point of limitation can be taken. 29. We are in agreement with the learned Advocate Mr. Taniib-ul-Alam. The question of limitation is hybrid questio......................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application is rejected. Cases Referred to- M/S. Saleha Still Industries Limited Vs. Tss Pacific Abeto' and others, 35 DLR (AD) 188; Polp......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ers. Respondent No.2 is the Managing Director of respondent No.1. The petitioner in the normal course of its business engaged respondent No.1 as an agent for selling tickets on commission basis by an agreement dated 2‑11‑85. In terms of the said agreement respondent No.1 was entitled to commissi...... June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid Company. Cases Referred to- Molla Abdulla Bhai Vs. Saria Rope Mills Ltd.,......onnecting most of the important cities and countries of world, and it operates flights, amongst others, between Bangkok and Dhaka six times a week. The petitioner in the normal course of its business sells its tickets to the passengers and customers either directly or through the agents. 3. Respo..Category: Company Law | Date: | Hits: 145
.... setting up of ship breaking yards on getting the lease of Coastal Belt Area land.
2. Rule was issued on 24th February, 2009 calling upon the respondents to show cause as to why the impugned lease agreement (Annexure-B) and similar other agreements as executed by or on behalf of respondent Nos. 7......vironment and Forest and 18 others……………………..Respondents
Judgment
September 9, 2010.
Result:
The Rule is made absoÂlute with directions and observation.
Cases Referred to-
Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and oth......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
..
Category: Environmental Law | Date: | Hits: 891
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....se containÂers leased out those 311 piece of shipping containers to their agent, proforma defendant No.2 and 3, for letting those containers to the shippers for carrying of goods by sea upon a lease agreement which having been terminatÂed from 5th January 2009, a notice has been served upon EP Car......iff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: The application is rejectÂed. Case Referred to- SONIA, 1983 2 Lloyds Law Report 63. Lawyers Involved: Ajmalul Hossain, QC - For the Pl......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejectÂed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....ding the authenticity of the Certificates provided by the Respondent No.5 and when contacted the Senior International Officer of the University of Manchester confirmed that the said University had no agreement with anybody regarding conducting L.L.B. course and giving Certificates in Bangladesh. She......lt:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petitioner.
Ms. Kazi Zinat Huq Deputy Attorney General with Shams-ud Doha Talukder, Assistant Attorney General-For the Respondent No.1.
......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:
..
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....t under the amended Registration Act, 1908, the amended section 53B of Transfer of Property Act, 1882 and amended section 21A of the Specific Relief Act, 1877 and submits that, new laws provided that agreement must be registered and in the agreement, within six months of the execution of the bainana......rshed Reza and others............................Respondents Judgment July 16, 2009 Result: The appeal is allowed. The Civil Rule No. 98(f) of 2009 is made absolute. Cases Referred to- Sitaram Bindraban, a partnership firm at Khamgaon Vs. Chiramjilal Brijlal, a partnership firm...... VII rule 11 of the Code of Civil Procedure. 2. The plaintiff-appellant filed the aforeÂsaid suit for Specific Performance of a Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in the schedule to the plaint. In the suit, defendant No.1 appea..Category: Civil Law | Date: | Hits: 200
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..........................Petitioner Vs. Shakhina and others..............................Opposite-Parties Judgment February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984......Title Suit No.63 of 1996 before the Assistant Judge, Court No.4, Gazipur for declaration that the deed of exchange being No.4346 dated 1-8-1995 (against which Pre-emptor field PreÂemption case) is a sell deed. In the said suit the Pre-emptor (opposite party No.1 herein) as plaintiff claimed that th..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
..... The opposite party pre-emptor has filed a counter affidavit against the aforesaid supplementary affidavit filed by the rule petiÂtioner on 10-2-2009 and wherein he has annexed a registered deed of agreement being No.9770 dated 21-9-1959 annexing the same as Annexure X and he has also annexed a sa......azal Hossain (Md.) and others..........Petitioners Vs. Md. Helal Mia & others......Opposite-Parties Judgment February 23, 2009. Result: The rule is discharged. Cases Referred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, repres......d of his father Abdul Aziz dated 21-9-1959 and he has also drawn my attention to annexure X which is registered agreement being No.9771 dated 21-9-1959 by the which the parties i.e. the purchaser and seller of the deed No.9770 dated 21-9-1959 i.e. the deed by which the father of the present pre-empt..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....ca), 382 respectively. 5. The point of law raised before us seems to be well settled. It has been laid down in the Full Bench decision referred to above that excepting in the case where by special agreement fiduciary obligations have been cast, a partner cannot be charged under section 406 of the......resent: ATM Afazal J Md. Abdur Rouf J Mostafa Chowdhury & another......................Petitioners Vs. State & another........................Opposite-parties Judgment October 31, 1982. Result: The Rules are made absolute. Cases Referred to- Bhuban Mohen Das......e and the respective proceedings quaÂshed, 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
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
.... decimals of land in lieu of dower and started living together again. The Defendant again demanded Tk.70,000/- from the Plaintiffs father which was taken as loan. At this Plaintiff executed a deed of agreement admitting that said Tk.70,000/- would be adjusted from her dower money. The Defendant acce...... Alam Khan - For the Petitioner. Md. Sajjad Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint Distri....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ..Category: Family Law | Date: | Hits: 224
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....ed. High Court Division took the view that question of waiver of the right would arise only after registration of Kabala deed and that right of Pre-emption could be waived or relinquished by specific agreement. Pre-emptee went to Appellate Division in Civil Appeal No.33 of 1985. Appellate Division s..........Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra Vs. Ram Linga...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
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