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Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......Md. Shukur Ali is the informant, P.W.2 Abul Kalam Azad is the victim. P.W.3 Md. Humayun Kabir is an Assistant Headmaster of a school and also a neighbor. P.W.4 Dilip Majumder is the Deputy General Manager of the Fuad Spinning Mill in which the accused Jahangir was in employment. P.W.5 Abdur Rahim ha..Category: Criminal Law | Date: | Hits: 103
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order 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. ......tion 7 Ka of the Arbitration Act, 2001, an order of injunction should not be granted readily. However, on a reading of the judgment referred to above, it appears that the contention of Mr. Huq is not fully correct. In that case, the Apex Court held as under: "The contention of the learned Counsel......n the Schedule of the application. 2. The aforesaid directive was passed by this Court upon a application filed by the petitioner, namely Crown Maritime Company (I) Ltd. represented by their local agent Sea Bird Marine Services, Chittagong under section 7 Ka of the Arbitration Act, 2001. 3. Th..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... 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. ......e vessels of the defendants as well as breach of contract the plaintiff has suffered huge financial loss and damage, since the Container was shipped in good order and condition and the defendants are full responsible for non-delivery of the goods to the plaintiffs. The plaintiff had shipped 383 piec......rea, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his house hold articles worth US$ 34,500 to Bangladesh, he contacted the shipping agent, the defendant No.4, Continental Export Inc. for shipping the said cargo to Bangladesh. Therea..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... 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. ......(AD) 61 our Appellate Division observed that the practice of benami developed in the Indian Sub-continent long before its conquest by the Muslim and during the Muslim rule practice of benami received full recognition from the authorities and the Courts as well. The practice of benami was widely prac......6, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E..Category: Property Law | Date: | Hits: 134
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......n described in details in the written statement, but it is not necessary to recount the same. With regard to the proceeding drawn up against the plaintiff it was stated that the plaintiff was given a full opportunity to defend himself against the charges, framed against him and the order stopping 3 ......t of the Accountant, Works Programme. Hence the plaintiff has been lowered in status against the principles of natural justice. With regard to the institution of disciplinary proceedings and stoppage of 3 increments the learned Subordinate Judge held that the law of master and servant does not..Category: Employment/Service Law | Date: | Hits: 120
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agencies, 16 DLR (SC) 155..Category: Trust/Waqf Law | Date: | Hits: 124
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......he petitioner despite the assurance. On 16-8-88 respondent No.1 wrote a letter to the petitioner requesting the petitioner to receive payment "as sent to them" by the respondent instead of asking for full payment at a time as that would help the respondent greatly. The petitioner then by a letter da......ed having its office at 11/2, Toyenbee Circular Road, Motijheel Commercial Area, Dhaka. 2. The petitioner’s case is as follows: The petitioner is a company incorporated in Thailand and is engaged in the business of Air transportation of passengers and cargo. The petitioner has extensive net..Category: Company Law | Date: | Hits: 145
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......sem Sawdagar is the owner) lodged an F.I.R. at Kotwali Police Station stating that on 21.06.1979 at about 4 P.M. accused Razzak, Halim, Hamid and Karim got into his truck, abused him in filthy language and while he was driving the truck the accused persons moved the steering due to which the tru..Category: Criminal Law | Date: | Hits: 93
....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.
......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.
......ing himself. Each member is accordingly both an insurer and an insured. 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 rela..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
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. ...... 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. ......e been affixed on this document. While amolnama was prepared in 3rd Boishakh, 1354, that is, in April, 1947, then Pakistan did not come in to exist. Learned Advocate further submits that, P.W.1 whose age is about 40 years when deposed in Court, can not be a proper person to prove this document 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. ......y issue of law on which the entire suit may be disposed of, it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a full-dressed protracted trial involving wastage of court's time and unnecessary expenditure for the ......Taja, 23 DLR (Pesh.) 18; Kazi Md. Shahajan and another Vs. Md. Khalilur Rahman Madbar and others, 7 MLR (AD) 135; Sree Meenakshi Mills Ltd. Vs. Commissioner of Income-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35..Category: Civil Law | Date: | Hits: 200
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......nder section 59 to be a prison offence; (2) any assault or use of criminal force; (3) the use of insulting or threatening language; (4) immoral or indecent or disorderly behavior; (5) willfully disabling himself from labour; (6) contumaciously refusing to work; (7) filing, cutting......she is working with the distressed people and very much keen to protect the rights of the citizen of the Country, Fazlu alias Hafiz alias Hafizur Rahman alias Happy son of late Nobis Uddin Ali of village Bazar Gopalpur, police station and District Jhenidah, convict No.4221/A is a convicted prisoner ..Category: Constitutional Law | Date: | Hits: 219
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......the Bohmong Chief and that Bandarban Hill District and part of Rangamati Hill District are inhabited by the tribal people of Bohmong Circle having their own way of life and social pattern governed by age old usage, tradition and custom, part of which is to have a chief of the circle appointed from t..
Category: Civil Law | Date: | Hits: 185
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....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. ......The aforesaid principles have been consistently followed by the Dacca High Court as will be seen from the decisions referred to and relied upon by the learned Advocates for the petitioners. We respectfully agree with the said principles as we do not find anything either in law or in the facts of the......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
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. ...... handing over possession of the suit land in favour of the decree holder. The order of 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. ......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. ..Category: Procedural Law | Date: | Hits: 253
....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.
......itional District Judge, 3rd Court, Comilla who by the impugned Judgment and decree dated 30.7.2002 dismissed the appeal and modified the Judgment and decree of the trial Court and decreed the suit in full. By that decreed the learned Additional District Judge directed the defendants to pay the plain......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.
..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... 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. ......the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the material facts, does or forbears to do something the doing of which or the fai...... Ahmed, PLD 1955 FC 38; Azizur Rahman Vs. Per Vaizshan and others, 1997 PSC 1329; Fazal Karim Vs. Abdul Manafard and others, 1997 PSC 1163; Federal Radid Commission Vs. Nelson Brothers Board and Mortgage Company and others, (1932) 289 US 266; Virgina Electric and Power Company Vs. National Relations..Category: Property Law | Date: | Hits: 116
....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......id not have a Service Rules of its own. It followed at the material time the Government Services' (Discipline and Appeal) Rules, 1976. It is so follows the Government Rules it must follow the same in full and not in part."
6. Mr. Rahman further submits that it is not true that the impugned order ......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
..
Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......roject was completed by the respondent No.1 contractor ahead of scheduled time. The work was suspended with effect from 27‑6‑88 to 5‑8‑88 for 40 days and the contractor respondent No.1 successfully completed the work on 9‑8‑89 and the completion certificate was issued by the Superintendi......ce order and subsequent conduct of the second party appellant it is crystal clear that they willingly and voluntarily surrendered to the jurisdiction of the arbitrator in the instant case and at no stage till the pronouncement of the award by the arbitrator did they come up with any allegation on th..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......hter nor there is any allegation in the application before the Session Judge that the accused was being harassed by anti-liberation forces or that his prosecution is politically motivated. When the full brother and father of accused are also charge-sheeted as co-accused along with him, how could......e out of the eight accused persons namely, Hamayun Kabir (hereinafter called the accused) on the ground that the government has decided to withdraw the case against him as recognition of his courageous service rendered to the cause of liberation of Bangladesh. The learned Judge upon a perusal o..Category: Criminal Law | Date: | Hits: 145
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