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Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

.... 2008 dated 16-12-2008. However, in view of the direction passed by this Court on 28-01-2009, respondent No.6 was unable to take further delivery of the remaining goods much to his prejudice and huge financial loss. Hence, the instant application for vacating the Court's order dated 28-1-2009. 5.......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. ......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. ......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. ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

..... It appears 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 defen...... 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. ......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

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....mplainant that if he can procure Visas from different company of Saudi Arabia and export manpower in the name of Aroma International, a firm of the accused's wife, in that case he will be benefited financially and earns huge money and against each Visa cash amount will be provided. In the meanti...... as Paltan Police Station Case No.60 dated 28.01.2010 corresponding to G.R. Case No.60 of 2010. The case stated in the First Information Report in short, is that, the informant is an established manpower exporter and carrying on business in the name and style of M/S Winner Overseas. He went to S......an, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and other......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

Category: Criminal Law | Date: | Hits: 104

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. ......tion of the Indian Supreme Court in the case of Smt., Indira Gandhi V. Rajnarain reported in AIR 1975 (SC) 2299, as follows: "The preamble, though a part of the Constitution is neither a source of power nor a limitation upon that of the ideological aspirations of the peoples."......... 14. T......�…………………….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

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......licating this petitioner is that she after the search of her house held a press conference wherein she alleged some unfair acts of the police personnel and also alleged something against the party in power and she also announced that she will hold another press conference on 3‑11‑96 and to frust......�………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 1997. Result: The Rule is made absolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader & ors Vs. the State, ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ding arrived at by the lower appellate Court which is a final Court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the power in appeal as well as revision. In the present case the fact arrived at by the lower appellate ...............................Appellant Vs. Shubhadra Bachar & others..........................Respondent Judgment March 23, 1983. Result: The appeal is dismissed. Cases Referred to- 29 DLR pages 6 and 239; 21 DLR, page 673; 17 DLR page 729, 28 DLR page 421, 29 DLR (SC) 268; ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..

Category: Procedural Law | Date: | Hits: 81

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. ......f the District Board or the Government have not yet framed any rules governing the terms and conditions of service of the employee appointed under Works Programme then the appointing authority has no power to dismiss such employees without framing rules. In other words, Mr. B.B. Roy Choudhury invoke...... back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......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. ..

Category: Employment/Service Law | Date: | Hits: 120

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......laintiff and Farid Ahmed would invest 40% money and the rest 60% would be invested by the pro-forma defendant Nos.2-7 and the defendant No.1. It is the further case of the plaintiff that by a deed of power of attorney deed dated 18.5.2003 the plaintiff was appointed to be the sole attorney. It is th......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......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..

Category: Civil Law | Date: | Hits: 115

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. ...... 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, no means of progression within herself. Towing alone will not conduct her, she must have a ru......................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

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

.....1-2 have 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 t......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. ......nbsp; Golam Mohiuddin, Advoacate- For the opposite party Civil Revision No.1689 of 2010. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party to show cause as to why the impugned Order No.19 dated 22.02.2010 passed by the learned Joint Distri......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. ..

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

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. ......hich could be applicable was the residuary Article 181 which provides a limitation of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the ......��………………Petitioner Vs. Sayed Amir 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 Un......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. ..

Category: Trust/Waqf Law | Date: | Hits: 124

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......ion filed under section 151 of the Code of Civil Procedure and thatdecree cannot be interfered with under this provision of the Code. When the aggrieved party has other remedy available, the inherent power of the Court under section 151 of the Code cannot be invoked. The learned Assistant Judge comm......��………………Petitioners Vs. Kabir Ahmedand others………………………….Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51. Lawyers Involved: ......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ..

Category: Procedural Law | Date: | Hits: 112

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....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. ......w Administrator and Commander‑in‑Chief. 5. Heard Mr. MM Hyder Ali, learned Counsel appearing for the petitioner. He submits that (1) the CMLA is a persona designata and has to exercise the power of review on his own. He cannot share his power with anyone else and (2) that the impugned ord......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, AIR 1958 (Madhya Pradesh) 2......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)

....R. Case No.1058 of 1979 Thus over a long period of time in respect of the same matter the accused opposite parties are being harassed on various pretexts and made to suffer prolonged mental agony and financial loss. The reason is not far to seek as undisputedly there is a series of criminal and othe......ned Advocate submitted that in the facts and circumstances of the present case the impugned order dated 29.09.1979 should be construed as a direction to make further investigation into the case which power the Magistrate always had, and after insertion of clause 3B of section 179 of the Cr.P.C. the ...... Syed Mohammad Ali J Abul Kashem Shawdagar.................................Petitioner Vs. Abdur Razzaque & others.....................................Opposite Parties Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Qua......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. ..

Category: Criminal Law | Date: | Hits: 93

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......gainst the order of removal. Against the appellant judgment of the District Judge a revision lies to the High Court Division. This is a specific provision of law in a special statute. The appellate power of the District Judge and the revisional power of the High Court Division are specifically pro....... ......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ..

Category: Trust/Waqf Law | Date: | Hits: 121

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

....cts and circumstances of the case and law bearing on the subject keeping in mind that the Artha Rin Adalat Ain, 2003 being a special statute providing special forum for realisation of loan granted by financial institution. Mr. Khair Ezaz Maswood has failed to lay his hands on any provision of the Ai......, 2003 being a special statute providing special forum for realisation of loan granted by financial institution. Mr. Khair Ezaz Maswood has failed to lay his hands on any provision of the Ain, 2003 empowering the Adalat to accept his plea or grievance. 16. On an overall consideration of the facts......in Miscellaneous Case No.38 of 2004 arising out of Artha-Decree execution Case No.15 of 2003, pending in the Artha Rin Adalat and Joint District Judge, Court No.1, Lakshmipur directing the petitioner to deposit 25% of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Materia......, 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. ..

Category: Civil Law | Date: | Hits: 176

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....iring the students to go outside Bangladesh. This initiative should be encouraged by the Government and other state authorities including the Respondent Nos. 1-4 and 6. The requirements should not be financially ownerous and deprive intending students to obtain the benefit of foreign degrees by stud...... of Northumbria and London Universities. 7. In another Supplementary Affidavit the petitioner has annexed Annexure M which shows that there are 157 institutions in the U.K. having degree awarding powers recognized by the U.K. Government but among these 157 institutions, the name of Williamsburg ......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

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. ...... the learned Advocate representing the Bank on the other hand contended that Article 181 of the Limitation Act has no manner of application and the Court which passed the preliminary decree had ample power to make the decree final even after the period of 3 years because the drawing up of final decr......……Petitioners Vs. Joint District Judge & Others………………………………Respondents Judgment March 22, 2005. Result: The Rule is made absolute. Cases Referred to- Mahamad Kamal Vs. Ahmed Ali and others, 87 IC (1925)-746; Gajanan Chintaman Deshpande and oth......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. ..

Category: Limitation Law | Date: | Hits: 162

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. ......ed Advocate appearing for the petitioner submits further that the provisions of the prisoners Act read with Rules 718 to 721 of the Jail Code provide the jail authorities with arbitrary and unbridled power to restrain a prisoner in fetters which offends human dignity and impose avoidable pains and s......esh and others……………………………………Respondents Judgment April 19, 26, 27, 2006. Result: The Rule is disposed of with the directions and observation. Cases Referred to- Sunil Batra Vs. Delhi Administration and others reported in A.I.R. 1978 (SC) 1675; Jagmohan S......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. ..

Category: Constitutional Law | Date: | Hits: 219

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. ......dgment and Order adversely affected right, title and interest. 10. Mr. Mesbahuddin, the learned Advocate on the point of maintainability of the Revisional application submits that the Revisional power of the High Court is a supervisory power which may also be exercised suo moto and any person i..........................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......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. ..

Category: Property Law | Date: | Hits: 117

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