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Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....led and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......e to consider the above grounds raised by the Opposite Party No.5 against the execution of the Decree. Given that these defences and grounds could have been agitated by the Opposite Party No.5 at the time of the hearing of the Suit and, thereby, at that more appropriate stage giving this Court an op...... the Opposite Party Nos.1-3. Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, including in......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....diction) Present: Sharifuddin Chaklader J Md. Emdadul Huq J AKM Reazul Islam and others…………………….Petitioners Vs. State………………..........................Opposite Party Ju......ত বা ট্রাইব্যুনালঃ” during “অনুসন্ধান, তদন্ত ও বিচার”। Again, although rule 15 Ga has specified a maximum time limit of 60 days for conclusion of investigation, but rule 15 Ga or other provisions of the Rul......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
....corners of the ingredients specified in Order XLVII, rule 1 of the Code of Civil Procedure, no judgment can be reviewed to correct any mistake or erroneous decision by taking the power of the appellate Court…………….(4) Lawyers Involved: M Khaled Ahmed, Advocate - For the Revi......, for disposal. 2. On behalf of the review-petitioner, the learned Advocate Mr. M Khaled Ahmed submitted that he missed the list due to the illness of his clerk and could not be present at the time of hearing of the Miscellaneous case. He further submitted that had he been present, he could ...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....AD) 167; Bangladesh Vs. Asraf Ali and another, 2 MLR (AD) 96; Government of Bangladesh Vs. Asraf Ali and another, 2 MLR (AD) 96. Lawyers Involved: T.H. Khan with Razina Chowdhury, Advocates- For the Petitioner. (In Writ Petition Nos.2603 of 2000 and 1042 of 2001). Rokon Udd......andlady and pay rent to her by virtue of the declaration of the deed of gift dated 14.12.1970. The officers of the Indian High Commission requested the petitioner and her sister to wait for some time to complete the formalities under intimation to the Government of India. However, on 25.05......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....ion) Present: Md. Mizanur Rahman Bhuiyan J Md. Emdadul Haque Azad J Fazlu Alias Fazla…………………………………………………..Appellant Vs. The State…………………………………………………………….State Judgment N...... with victim Lipa. He further stated that instantaneously he caught Fazlu but Fazlu started scuffling with him and at one stage Alauddin and Bhabator were passing through the road but in the meantime Fazlu could manage to flee away. Thereafter he informed the incident to Alauddin and Bhabotor ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....Jurisdiction) Present: Khondker Musa Khaled J AFM Abdur Rahman J Md. Farid Hossain……………………………………………………….Appellant Vs. The State…………………………………………………………………….Respondent Ju......appellants submits that he has no other ground to seek bail except the ground of long pretrial detention. It is pointed out that the accused persons have right to get justice within a reasonable time, otherwise the Court should not hesitate to release him from custody on bail. With reference t......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....nt September 20, 2007. Result: The Rule is made absolute. Case Referred to- AIR 1936 PC 53. Lawyers Involved: M Amir-ul-Islam with Dr. Zamirul Akhter and Mia Sirajul Islam, Advocates - For the Petitioner. No one appears - For Respondent Nos. 1-2. Tufailur Rahm......ket which was subsequently settled after negotiation. A meeting of the shop allotment committee of the Corporation was held on 9-10-2005, regarding allotment of shops in the said market. In the meantime total 3054 shops were allotted amongst 17 Societies except the quota reserved for Mayor (Anne-x...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....lip;.Opposite Parties Judgment September 12, 2007. Result: The Rule is made absolute. Cases Referred to- BADC Vs. Abedunnessa and others, 7 BLT 297; Secretary of State Vs. Mask and Co., AIR 1940 (PC) 105, 110; Sundar Ali being dead his heirs A. Hannan and others V......stion of maintainability which does not come within the four walls of the provisions of Order VII Rule-II of the Code and this question of maintainability can be agitated by the defendant at the time of hearing of the suit." 9. The learned Counsel lastly submits that the learned ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... Sonali Bank and others………………………Respondents Judgment September 11, 2007. Result: The rule is discharged. Lawyers Involved: Debdas Sammader, Advocate - For the Petitioners. Asad Hossain Chowdhury, Advocate - For the respondent No.1-2. ......it petitioner was passed in accordance with law. We find no-illegality in the impugned order and hence this rule is discharged on contest without any order as to costs. The stay order passed at the time of issuance of rule stands vacated. 7. The petitioners are directed to surrender before ...... No.6 of 2001. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgm......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....a clear case of benefit of doubt is well established on the prosecution case whereupon no conviction can be awarded……………………………………….(45) Cases Referred to- State Vs. Moslem, 55 DLR116; Zahed Ali Vs. State, 9 BLC (AD) 122; State Vs. Ful Mia, 5 BLC (AD) 41; M......Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result: The Rule is discharged. When eye-witnesses contradict as to manner, place and time of occurrence, then a clear case of benefit of doubt is well established on the prosecution c......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......lane and Abul Khairat road. At this time, Zubaed Adel, Tareq Adel, Pappu, Nittay, brother of Joy Gopal, along with 4/5 others came out from the residence of Adel Shaheb (Zahangir Md. Adel) with firearms and by walking came close to Kamal Hossain, deceased brother of the informant. Zubaed Adel po..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
.... this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......t petition. The Bank contends that the money changer licence was issued with specific terms and conditions; that the licensed institution must follow the rules and regulations issued by the Bank from time to time: that FE Circular No.18 of 2000 was duly distributed among the authorised dealers for c......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
.... The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and Another, (1992) 44 DLR (AD) 272; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association 28 DLR (AD) 190; Aminul Vs. James Finlay and Co...... election of Collective Bargaining Agent, (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the management to achieve the demand of the workers at that time. 7. In Writ Petition No.8121 of 2005, respondent No.2 filed Complaint Case No.44 of 2000 i......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....espective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......icularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produce evidence does not relieve the Public Prosecutor of his ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......eha Khatoon, is the sister of victim Aftabuddin who heard from the people that the accuseds caused hurt to the victim thereby he died. In her cross-examination, she stated that she did not see any arms or lathi in the hands of the accuseds in the night of occurrence and she heard about the occ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....usly. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......172 of 2005 has adopted the arguments advanced by the learned senior advocate Mr. Yusuf Hossain Humayun. 12. Mr. Md. Abu Bakar Siddique, the learned Deputy Attorney-General, has submitted that the time, place and manner of occurrence as given in the prosecution case has been proved beyond any rea...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... Gazi, Abul Kalam member, Kalam, son of Eraf Ali, Mostafa, Yusuf, Mizanur Rahman, Nasir Khan. He disclosed that they chopped him at random. Having found his condition precarious he carried him in his arms to the ferry ghat and then by lifting him in an engine driven trawler took him to Patuakhali Ho..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....also Reported in: 27 BLD (HCD) (2007) 502. ...... any evidence or material produced by the complainant at the enquiry not the oral testimony or any material adduced on behalf of the defence, being defence version which can be considered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry o......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....nance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......karul Haq Vs. The Income Tax Officer, Bahawalpur; the Supreme Court of Pakistan also adopted aforesaid case of Maharana Mills Ltd. It held that, "This section empowers an Income tax officer at any time within four years from the making of an assessment order, of his own motion to rectify any mist......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....t Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ocedure Mr. Jagannath Das, Metropolitan Magistrate, Dhaka on 9-4-2002 recorded the dying declaration of victim Iran in the Dhaka Medical College Hospital but since victim Iman was unconscious at that time his dying declaration could not be recorded. 35. Having taken up investigation of the case......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565