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Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....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. ......on (Dhaka) (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Penta Marine Services Limited....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application ......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. ......ilot Commissioners Vs. Cumberland Ry and coal Co.,(1910) AC 208; European and Australian Royal mail Vs. P & O, (1866) 14 LT 704. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate-For the plaintiff. Tanjib-ul-Alam, Advocate - For defendant No.1 (applicant).   Admiralty Suit No..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, how­ever, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......l of this Rule is that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th Court, Dhaka impleading the defendant-petitioner and others for recovery of damages and compensa­tion on the averments that the plaintiff as an impo......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, how­ever, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......d by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Abu Ahammad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appea...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......itle Suit No.205 of 1995. The learned Subordinate Judge by the said order rejected the appellant's prayer for injunction. 2. The short fact leading to this appeal is, that the present appellant as plaintiff instituted the aforesaid suit seeking a declaration against the defendant respondents that..

Category: Others | Date: | Hits: 154

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......LC (HCD) (2011) 118. ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......xure-B an order dated 19-10-98 passed in Title Suit No.371 of 1998. This is order No.1 in the said suit. Referring to the same the learned Advocate for the petitioners submits that petitioner No.1 as plaintiff instituted aforesaid Title Suit No.371 of 1998 impleading Ms. Ummay Kulsum Siddiqua Huda t..

Category: Criminal Law | Date: | Hits: 70

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ...... Present: Sheikh Abdul Awal J M. Moazzam Hussain J Harunur Rashid Bhuiyan.......................Petitioner Vs. Pubali Bank Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. ......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Material facts of the case as necessary for the disposal of the Rule are that the opposite party No.1 Pubali Bank Ltd. as plaintiff instituted Artha Rin Suit No.01 of 1998 against the opposite party No.2-4 as defendants fo..

Category: Civil Law | Date: | Hits: 176

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....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. ......y Jurisdiction) Present: Syed Refaat Ahmed J United Edible Oils Limited………………………………Plaintiff Vs. The London Steam Ship Owners Mutual Insurance Association Ltd. and others…………………………………Defendants And United Edible Oils Limited…â......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. ......iled on behalf of the Defendant Nos.1 and 2 in both cases under Order 1, Rule 10 (2) of the Code of Civil Procedure hands of the two P. & I. clubs have in a sense been forced in such a way by the plaintiffs in these suits that the two P. & I. clubs are expected to assume a role that is blata..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)

....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ...... High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J GE Sea Co. Services Ltd…………………………Plaintiff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: T......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......Suit No.12 of 2009. Judgment AFM Abdur Rahman J.- By this appli­cation the defendant appellant Continental Traders (BD) Ltd. prays for dismissing the suit as not being maintainable. 2. The plaintiff GE Sea Company Service Ltd. as plaintiff No.1 along with the plaintiff No.2 Sea Container ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 320

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......2010) 35. ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ...... Chaklader J.- This appeal by the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for decla­ration of title by settlement, S. A. Khatian is wrong and a..

Category: Property Law | Date: | Hits: 134

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ...... others Vs. Mr. Habibur Rahman and others, 15 BLD 519; All India Reporter Limited, Bombay Vs. Ramachandra Dhordo Dater, AIR 1861 (Bom) 292; Secretary of State-Defendant-Appellant Vs. Golabrai Paliram-plaintiff-Respondent, AIR 1932 (Cal.) 146; The Firm of Gunnaji Bhawaji Vs. Makanji Khoosalchand and ..

Category: Civil Law | Date: | Hits: 200

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......se is also Reported in: 15 BLT (HCD) (2007) 99. ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ...... payment of the decreetal amount within 4 months. In paragraph 3 of the preliminary decree the order passed is as follows that it is further order and decreed that in default payment as aforesaid the plaintiff may apply to the Court for a final decree for the sale of the mortgaged property or a suff..

Category: Limitation Law | Date: | Hits: 162

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. ...... 320. ......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. ......f the petitioner and hence the petitioner has filed this Revisional Application challenging the Pre-emption Order dated 30-8-2001. 6. The petitioner before filing of this Revisional Application as plaintiff filed Title Suit No.61 of 2003 in the Court of Joint District Judge, 1st Court, Gazipur fo..

Category: Property Law | Date: | Hits: 117

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......se is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......e B1 and Mr. Mazumder has also annexed Photostat copy of plaint and written objection etc. of Title Suit No.245 of 2007 marking the same as Annexure C. wherein one Mst. Happy Begum filed this suit as plaintiff against the present pre-emptor opposite party No.1 Helal Uddin and 29 others impleading th..

Category: Property Law | Date: | Hits: 138

Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)

..... 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. ...... 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 District Judge, 1st Court, Nilphamari, in Family App....... 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. ......riven out from the house of the Defendant. The Plaintiff was mercilessly beaten by the Defendant and the Plaintiff had to take some treatment from the Rangpur Medical College Hospital. Thereafter the plaintiff received a notice of divorce wherefrom she came to know that she was divorced on 11.10.199..

Category: Family Law | Date: | Hits: 224

Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)

....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ...... Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff instituted Other Class Suit No.84 of 1995 in the 5th Court of Assistant Judge, Sadar, Chit..

Category: Procedural Law | Date: | Hits: 253

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

....ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ...... High Court Division (Civil) Present: Shahidul Islam J Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner Vs. Razia Sultana and others…………………Plaintiff-Opposite Parties Judgment March 18, 2007. Result: ......ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ......part should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the opposite party as plaintiff instituted Title Suit No.75 of 1999 in the Court of learned Senior Assistant Judge, Burich..

Category: Civil Law | Date: | Hits: 104

Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)

....The valuation matter is decided in favour of the plaintiff and the lear­ned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......iff petitioner instituted Title Suit No.166/77 in the 6th Court of Munsif, Dacca against the defendant opposite party alleging that his father was killed by the miscreants at Mirpur in February, 1972 and the suit property devolved upon the plaintiff as his sole surviving heir. The defendant has been......The valuation matter is decided in favour of the plaintiff and the lear­ned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ...... Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jurisdiction. 2. The plaintiff petitioner instituted Title Suit No.166/77 in the 6th Court of Munsif, Dacca against the d..

Category: Civil Law | Date: | Hits: 123

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....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. ......ce. 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. ......ainst the Judgment and decree dated 31.10.2000 passed by the 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 ..

Category: Civil Law | Date: | Hits: 102

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

....roper appreciation of law and fact do not call for interference. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 208. ......p;  Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J International Finance, Investment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant Vs. Abdur Rahman and Others……………………………..Respondent Judgment April 8, 2012. Result: ......roper appreciation of law and fact do not call for interference. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 208. ......inst defendant Nos.1 and 3 only. 2. The facts leading to the filing of this Civil Petition for Leave to Appeal, in short, are: The International Finance Investment and Commerce Bank Ltd. as the plaintiff filed Artha Rin Case No.41 of 1998 before the Artha Rin Adalat No.3, Dhaka impleading resp..

Category: Civil Law | Date: | Hits: 174

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J Begum Shamsunnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......ppeal No.31 of 1992 affirming the Judgment and decree passed in OC Suit No.290 of 1990 shall not be set aside. 2. The relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted OC Suit No.290 of 1990 claiming that she had constructed a house on the schedul..

Category: Civil Law | Date: | Hits: 132

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......ch) (Civil Appellate Jurisdiction) Present: Amirul Islam Chowdhury J Md. Altaf Hosssain J Bangladesh Power Development Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal......missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ...... the Judgment and order dated 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of 1977 arising out of money suit No.26 of 1974. 2. The respondent No.1 as plaintiff ins­tituted the aforesaid money suit No.26 of 1974 in the 3rd Court of Sub ordinate Judge..

Category: Procedural Law | Date: | Hits: 143