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Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....Local Agent: Aquamarine Ltd., defendant No.(2) Aquamarine Ltd. 58, Agrabad C/A, Chittagong, defendant No.3 Regensea Lines Ltd. the local Agent of the Feeder Vessel 'MV Padma', defendant No.3A. Sea Consortium Bangladesh Ltd. and defendant No.4 ContiÂnental Exports Inc., has been heard at the presenc...... 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. ......rs to the plaintiff that due to gross negligence and misconduct of the Master and crew Members of the 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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....uddin and others.................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must pr......operty authority has got no legal authority to lease out the said land in favour of the defendant No.2, as because the plaintiff is the sole owner of the land in question; and that on the basis of so-called lease the defendant No.2 forcibly dispossessed the plaintiff from the suit land which created......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ce; (2) that the proceedings inÂstituted against him by Memo dated 03.06.1974 under the Local Council Servants (Efficiency and Discipline) Rules, 1968 and the office memo dated 26.10.1974 inflicting some puniÂshment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that...... the first order of transfer the learned Subordinate Judge held that the plaintiff was deputed to the post of Assistant Accountant as a measure of punishment. He was not heard nor any explanation was called for from him before such an order was passed. The post of Assistant Accountant, DisÂtrict Bo......udge are set aside and the plainÂtiff'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. ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ir accounts. Accordingly in that case final report was submitted and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police, attached to Sylhet Kotwali Police Station against the accused persons namely (1) Kaisaruzzaman (petitioner), (2) Fariduddin (3) Nasrin Chowdhury (4) Iqbal uddin (5) ......Ain provides that invesÂtigation of the offence; under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commisÂsion to hold inves......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....resent: Syed Muhammad Dastagir Husain J Bhabani Prashad Shingha J The State...............................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgmen...... witness further deposed that in view of complaint in the U.D. Case he went to the place of occurrence at 1 .00 a.m. at night to see the collapsiÂble gate of the place of occurrence house closed. He called nearby people and the member of the Union Parishad and after breaking the lock of the collaps......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..Category: Criminal Law | Date: | Hits: 97
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....hat the consignment was lying in damaged condition at Jetty Shed No.7, and as such the plaintiff applied to the defenÂdant No.2 for holding joint survey of goods but the defendant No.2 refused to do so by their letter dated 21.5.1975 on flimsy pretext and then M/S. Purbanchal Surveyors Limited was ......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......rÂvey, that out of the total manifested quantity, 6 cases were in damaged conÂdition and out of contents thereof 17 were damaged and broken and 221 were missing and thereby the plaintiff suffered a loss of Tk. 1,47,341/78. That the said loss was caused due to the gross negligence and carelessness ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....Court High Court Division (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. R......nbsp; "The word (Hopper Barge) includes anything floating in or upon the water built in a particular form and used for a particular purpose. In this case- the vessel, if she may be so called, was built for a particular purpose, she was built as a hoper-barge; she has no motive-power,......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
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
.... dated 22.02.2010 passed 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 Jo......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, howÂever, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......not discharged their duties in accordance with law and they issued C.R.F. without any inspection of the goods and the C.R.F. value of the goods was shown without any basis which caused huge financial loss to the plaintiff; that the plaintiff's goods arrived at Chittagong on 17.3.2002 and thereafter,..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....ved 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. ...... laid section. 9. Under section 32 of the Waqf Ordinance a Mutwalli may be removed for breach of trust, mismanagement, malfeasance or misÂappropriation. He can also be removed for any act causing loss of the Wakf property or preservation of the Wakf and also when he had been convicted under sect..Category: Trust/Waqf Law | Date: | Hits: 124
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....titioner except for sale of inclusive tours for which only 3% percent commission was receivable by respondent No.1. Respondent No.1 was liable to remit to the petitioner the money due for the tickets sold not less than once each fortnight i.e. on the 15th and the end of each month. All moneys collec......f Pakistan Vs. Sattar & Sons Ltd. reported in 22 DLR (1970) 170; in which it was held that where there are bonafide disputes relating to the existence of the debt, there a winding up order is not called for. A debt to be a foundation of the order for winding up a company has to be a debt which d......‘forward course of proving his claim directly and then executing the decree? If his debt is undisputed then decree will follow easily. If he simply desires to save Court fee then the consideration of loss to the State revenue may be looked into, but he involves himself in the problem of proving inso..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....s made by him on the night of 12th July, 1995 against defendant No.2 and the Club Management in presence of an Executive Committee member and other honourable members of the club. The plaintiff was also accused conduct and personal hearing of often uttering abusive words in the Club about its manage...... 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. ...... that on few occasions I objectively complained with your good self about certain club matters. I always appreciated what you have done for the Club as its president. It will also be a great personal loss for me if this matter is going to strain our mutual relationship of good‑will and respect whi..Category: Others | Date: | Hits: 154
....ladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………..Respondents
Judgment
April 3, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
SLM Nurul Huq Vs. State, 33 DLR (AD) 141; Ram Milen Vs. Bonsilal, A......strator acted in accordance with law in passing the impugned order of conviction in exercise of power under Regulation 3(4) of the Martial Law Regulation No.1 of 1982 and, as such, the same cannot be called in question. On a reference to Regulation No.3(4) which is as under: "The Chief Martial Law A......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
..
Category: Constitutional Law | Date: | Hits: 259
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....olice Station statÂing 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 accuÂsed persons moved the steering due to which the truck ran down into the neighboring pond. The accused perso......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. ...... driving the truck the accuÂsed persons moved the steering due to which the truck ran down into the neighboring pond. The accused persons took away some spare parts of the truck and thereby caused a loss of Taka 15,000/-. 3. The Police investigated into the case and submitted charge-sheet agains..Category: Criminal Law | Date: | Hits: 93
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
.... Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Abdur Rahman Howlader, Advocate-For the petitioner. &......d Appeal Officer and the impugned judgment and order dated 27.10.2009 passed by the learned Additional District Judge. 14. I have also perused the record of Writ Petition No.3152 of 2009 which was called for on the verbal submission of the learned Advocates for both sides. This Writ Petition was ......itional District Judge and another for theJoint Registrar, Divisional CoÂoperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..Category: Others | Date: | Hits: 140
....on
(Admiralty 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 O......a P. & I. club there comes into being a policy of marine insurance relating to that ship on the terms of the clubs rules. The rules of most, if not all, P. & I. clubs contain what is commonly called a "pay to be paid" provision. That is a provision, capable of being expressed in a variety of......members including himself. Each member is accordingly both an insurer and an insured. Among the wide range of risks covered by P. & I. clubs is liabilÂity 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 govÂe..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
....¦â€¦..Petitioner.
Vs.
Bangladesh, 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:
Man......f the fraudulent and deceptive operation of the Respondent No.5 and that she was awarded the Diploma certificate from a fake University named Williamsburg University. It is further stated that the so-called Williamsburg University which is owned by Global has not given any authority to the Responden......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)
.....Appellant Vs. G. Murshed 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 B...... to be deterÂmined on construction of documents not exactly documents of title but documents havÂing bearing on the question. In such cases fact and law intermixed giving rise to what is ordinarily called mixed question' of law and fact. In those cases the High Court's interferÂence with the deci......o proÂceed 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. ..Category: Civil Law | Date: | Hits: 200
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
...." dated 8-8-2006 and 8-7-2007 for donation of land for this purpose. Thereafter, in response to the advertisement dated 8-7-2007 Haji Md. Abdul Momith (Petitioner in WP 3772 of 2008) agreed to donate some land for the construction of UPCB. Thereafter, the Parishad in its meeting unanimously decided ......ood or erosion of Kushiara river as it is on a high land. It is well communicated both by road and river. The Government's decision is final relating to selection of site for UPCB and thus, cannot be called in question in the writ jurisdiction and the rule, is liable to be discharged. 7. The peti......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....………………Decree-Holder-Petitioner 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 ...... Harendra Nath Nandy - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.156 of 2004. Judgment Shahidul Islam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Order No.39 dated 4.4.2001 passed by the learned Se......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
....that the plaintiff claimed salary for the period of her studying in the H.S.C. class. He further submitted that the father of the plaintiff was the founder of the school and was a very influential person. Save and except this he could not point out any illegality or infirmity of the impugned Judgmen....... Muzibur Rahman - For the Petitioner.
Md. Tafazzal Hossain - For the Opposite Party.
Civil Revision No. 4568 of 2004.
Judgment
Shahidul Islam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Judgment and decree dated 30.7.2002 passed by the l......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
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