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M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)

.... arrival at the Port of shipment and as such these defendants are not liable to compensate for the alleged loss which might have been suffered by the plain­tiff. Therefore, the suit was liable to be dismissed as against these defendants. 5. Upon consideration of the evidence on record and hearin..

Category: Admiralty Law or Maritime Law | Date: | Hits: 570

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

....dated 24.8.2002. Against which the plaintiff preferred CEVT/case (cus) 824/2002 before the Customs, Excise and VAT Appellate Tribunal, Dhaka who after hearing the matter by its order dated 20.11.2003 dismissed the same; that thereafter, unsuccessful plaintiff preferred Customs Appeal No.5 of 2004 be..

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

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....the proceeding was started long back before the Administrator of Wakfs. After the decision of the Administrator removing the Mutwalli, an appeal was preferred before the District Judge which was also dismissed. As against that, a review application under Order 47, rule 1 of the Code of Civil Procedu..

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

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

....mmad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appeal is dismissed on contest. Cases Referred to- Secretary Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 3..

Category: Others | Date: | Hits: 154

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....as cited as a witness in the first charge-sheet started C.R. Case No.104 of 1981 in respect of the same occurrence by filing a fresh petition of complaint before the Chief Metropolitan Magistrate who dismissed the complaint on 27.04.1981. The present peti­tioner then filed Criminal Motion No.441 of..

Category: Criminal Law | Date: | Hits: 93

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....tion of section 18(8) of the Co­operative Society Act, 2001. 4. The petitioner filed Dispute Case No.03 of 2008 before the Deputy Registrar (Bichar). But the said Officer after hearing both sides dismissed the case by his order dated 28.12.2008. 5. Against this order, the petitioner preferred..

Category: Others | Date: | Hits: 140

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

....United Kingdom Mutual Steam Ship Assurance Association (Bermuda) and others………………………………………Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Case Referred to- ‘The Fanti' and ‘The Padre Island’, (1990) 2 Lloyd's Law Re..

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

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

.... as to costs. 13. The impugned Judgment and decree dated 5-3-1998 passed by the learned Subordinate Judge, first court, Satkhira in Title Suit No.9 of 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. T..

Category: Property Law | Date: | Hits: 134

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

....ion' of law and fact. In those cases the High Court's interfer­ence with the decision of the lower appellate court may be warranted to prevent miscar­riage of justice.' 56. A suit or case can be dismissed on the ground of limitation, but a plaint cannot be rejected on the ground of limitation, ..

Category: Civil Law | Date: | Hits: 200

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....pur in Miscellaneous Appeal No.27 of 1998 is ineffective and not binding upon the petitioner. The learned Joint District Judge vide its judgment and decree dated 29-1-2007 (decree signed on 5-2-2007) dismissed the said suit on the ground that the petitioner cannot get relief in the suit since he did..

Category: Property Law | Date: | Hits: 117

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

....nd holder and that they got the land mutated and have been paying rents etc. That in view of the aforesaid facts and circumstances the present false pre-emption case of the petitioner is liable to be dismissed with cost. 5. That the learned trial Judge on the basis of the pleadings of the parties..

Category: Property Law | Date: | Hits: 138

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

....e impugned Judgment and decree the Defendant preferred Family Appeal No.11 of 2001 and the said appeal was heard by the Sub­ordinate Judge, Nilphamari, who also on considering the evidence on record dismissed the appeal by the Judgment and decree dated 17.11.2001 affirming the Judgment and decree o..

Category: Family Law | Date: | Hits: 224

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....ed an application praying for an order to put the decree-holder into possession of the concerned property as it was allegedly obstructed by the Judgment-debtor but the learned Judge, Artha Rin Court, dismissed the petition on the ground that on the issuance of the certificate of title in favour of t..

Category: Civil Law | Date: | Hits: 208

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

....as a regular student and that was not in accordance with law. She is still prosecuting with her studies in B.A class as a regular student. Under the circumstance, the plaintiffs suit was liable to be dismissed with costs. 4. The learned Assistant Judge framed appropriate issues in the suit. The p..

Category: Civil Law | Date: | Hits: 104

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

....also, took into account balance of convenience and inconvenience of Pre‑emptors and Pre-emptees. With the above decisions learned Trial Judge, decided Issue Nos.1, 4 and 5 against Pre‑emptors and dismissed Miscellaneous Case. Judgment is dated 23‑6‑1996. 12. Pre‑emptors felt aggrieved o..

Category: Property Law | Date: | Hits: 116

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ly on the ground that the intended probate cannot be granted without having the original 'Will' submitted and proved. Thereafter, the petitioner preferred Miscellaneous Appeal No.13/88 which was also dismissed more or less on the same ground of the non-availability of the original 'Will' with the fi..

Category: Property Law | Date: | Hits: 113

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....Division Assistant. Thereafter, he was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 and he had been discharging his duties honestly and efficiently till he was dismissed by the impugned order of dismissal dated 5-6-1996. While serving under the respondent No.1..

Category: Employment/Service Law | Date: | Hits: 205

Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)

....substance in the rule. In the result, the rule is made absolute without any order as to cost. The Money Execution Case No.2 of 2004pending in the Court of learned Joint District Judge, Dhaka is dismissed. 15. Before parting with the decision, we give our special thanks to Mr. Md. Mustafizur..

Category: Civil Law | Date: | Hits: 168

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

....ntiff has no legal entitlement over land and the plaintiff purported to obtain an order under the specific performance of contract by concealing the real facts and therefore, the suit is liable to be dismissed. 9. The following issues were framed in the suit: 1. Is the suit maintainable in its..

Category: Civil Law | Date: | Hits: 102

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

.... @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DLR (AD) 83. Lawyers I..

Category: Criminal Law | Date: | Hits: 116