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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. ......ional Board of Revenue, which was granted vide Memo No.নথি নং-(৩)(৩৮) শুল্ক-প্রঃসুবিধা/৯৩ (অংশ-১)/১৩৩ dated 12-5-2008. The customs duty amounting' to Taka 88,00,000 and odd together with the fine amount to Taka 50,000 totaling Taka 88,6......of the aforesaid two clauses were sufficient to put respondent No.6 on notice that there may be some impropriety in the matter. No reasonable or prudent man of business would pay a substantial sum of money and enter into an agreement absolving the seller from all responsibility upon mere issuance of..Category: Alternative Dispute Resolution | Date: | Hits: 632
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ubrata Chowdhury, by relying on the decision reported in 28 DLR (AD) 38 finally submits that by now it has been well settled that if the first information report or petition of complaint taken as a whole and accepted on its face value does not constitute the alleged offence in such case there can ......any 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 meantime a good relationship have been established between them. T......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 meantime a good relationship have..Category: Criminal Law | Date: | Hits: 104
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ...... or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this Rule is as follows:- 3. The Respondent No.2 & 3 borrowed the amount of Tk. 50,00,000/= in the year 1994 under bilateral agreement with the petitioner in order to......he present petitioner filed an Execution Case No.3 of 1999 and the judgment debtor began to drag it on flimsy grounds. However during the pendency of the execution case the auction was held where bid money was raised to Tk. 5,25,00,000/- which was deposited and subsequently execution case was transf..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....pression or any provision, it should not be construed in isolation. It has to be construed in its proper context to determine its meaning; in other words it should involve reading of the statute as a whole including the preamble and other provisions of the statute. In Attorney General Vs. Prince Ern......as it is. Thereafter he has submitted that since the words "in rural areas" have not been incorporated in section 5 of the Ordinance, it is not permissible to read the same in section 5, which will amount to legislation. 9. The learned Advocates for both the sides have cited several decisions o......strialist and with motive to get income tax relief purchased the suit property being urban property in the "Benami" of defendant No.1 and that the plaintiff purchased the suit property with his own money; that the plaintiff let out the suit property to the defendant No.2, treating the suit prope..Category: Property Law | Date: | Hits: 134
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....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. ...... scope of obtaining sanction of the Commission by the investigating police officer. After investigation the police officer submitted charge sheet against two accused persons for defalcation of a huge amount of money of bank, one of whom made confessional statement implicating himself and some othe...... informant Kaisaruzzaman received Taka 40,00,000/- in total from different account holders, including Taka 8,70,000/- from Juned Ahmed, which they deposited against their respective accounts. But the money had not been entered in their accounts. Accordingly in that case final report was submitted an..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....ich our apex court held that a witness is not necessarily hostile if he reveals the truth. Established practice, now forming a rule of law, regarding the evidence of a hostile witness is that the whole of his evidence so far as it affects both the parties, favourably or unfavourably, must be con......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. ......f her husband and that she would not go to her husband's house. On 5.8.2001 he took his daughter to the house of her husband and told the inmates of the house of her husband that he would collect the money as demanded by them. He also requested them not to beat up Lucky any more. On 24.8.2001 he wen..Category: Criminal Law | Date: | Hits: 97
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. ......ndant No.12 started possessing the suit land exclusively through the plaintiff No.1 who being the Power of Attorney-holder is in actual possession. For development of the tea estate there needed huge amount of money and the defendant Nos.3-7 became unable to invest money and as such the defendant No......endant No.1. It is the further case of the plaintiff that there was an agreement dated 18.5.2003 and as per the said agreement it was agreed upon that the plaintiff 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. ..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....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. ......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. ......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ng month stating the total sales figure for the month in question as well as the deductions made therefrom in respect of the commission and other related expenses and thereafter, credit the balance amount to the petitioner's account. 7. However, since November 2006, the company has refrained fr......ing an affidavit-in-opposition. 13. Ms. Karishma Jahan, Advocate, appearing with Dr. Sharif Bhuiyan Advocate for the petitioner, submits at the outset that the company owes a substantial amount of money to the petitioner and the failure to pay the same has led to 5 the filing of the instant appli..Category: Company Law | Date: | Hits: 164
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. ......rred by section 216 A of the Customs Act. Mr. Mohiuddin, the learned Advocate finally submits that it is apparent from the plaint that the plaintiff filed the instant suit for damage and compensation amounting to Tk. 2,76,3,664/- on the specific allegation that the defendant Nos.1-2 have not disch......lue and the Internal Audit Commissioner, Dhaka, but the National Board of Revenue refrained from taking any action against the defendant Nos.1-2 although, suggested that the plaintiff may institute money suit for recovery of damages against the defendant Nos.1-2; that the Commissioner Customs Hous..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case the whole thing started because of an application submitted by the opposite party namely Syed Amir Hossa......to a finding as a Court of law. Hence, if the finding arrived at was based on no evidence at all or on irrelevant facts and without following the procedure it would be an illegal finding and it would amount to an exercise of power with material irregularity making the proceeding coram non judice. ......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
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. ...... breach of the said agreement failed to account for and remit to the petitioner the monies received from sale of such tickets. By reason of the default of the respondent No.1 there was an outstanding amount of Taka 6,92,671.00.22 from the respondent No.1 to the petitioner as on 4‑4‑89 on the acc......over the routes for the petitioner 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 eac..Category: Company Law | Date: | Hits: 145
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. ......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. Material facts of the case as necessar......claimant without depositing 25% of the decretal amount. 5. The Artha Rin Adalat upon hearing the application was pleased to pass an order on 25.11.2004 directing the petitioner to deposit security money equal to 25% of the decretal amount by 20.01.2005 in default the application shall stand rejec..Category: Civil Law | Date: | Hits: 176
....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:
......f the republic have a duty to take steps so that the public do not get defrauded. It is further stated that the Respondent No.5 is cheating many innocent people like the petitioner by extracting huge amounts of money from them in exchange of giving false Certificates of U.K. Law Degree and/or by pro......y paying approximately Taka ten lac through Bank cheques as fees; because of the friendly relationship of the petitioner with the Respondent No.5 the Academy did not provide them any receipts for the money. After completion of their first year of study Respondent No.5 awarded them Certificates of Di..
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....ing the question as to whether the plaint should be rejected the Court is required to consider only the plaint. The Court is required to apply its mind to the averments made in the plaint itself as a whole, assuming all the averments made therein to be correct, without taking into consideration the ......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. ......ecution of the bainanama the document is to be registered and under section 22A of the Specific Relief Act if the document be not registered, no suit can be registered and balance consideration money must be deposited at the time of institution of the suit. Learned Advocate further submits tha..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to an innocent party and abuse of the process of the Court. Besides, some categories of cases......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..Category: Criminal Law | Date: | Hits: 115
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. ......h Artha Rin Adalat, Dhaka on 23.4.1994 which was transferred to the Artha Rin Adalat No.1, Dhaka and renumbered as Title Suit No.214/1996, against the petitioner and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preliminary......the 4th Artha Rin Adalat, Dhaka on 23.4.1994 which was transferred to the Artha Rin Adalat No.1, Dhaka and renumbered as Title Suit No.214/1996, against the petitioner and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preli..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. ......alf of the petitioner submits at the out set that the action taken in respect of Fazlu Miah in imposing bar fetters and prolongation thereof for a period of 33 months without any interval whatsoever, amounts to an action not only arbitrary and illegal, but also inhuman and unconstitutional. With res...... under death sentence lodged in the Tihar Central Jail, came to know of a crime of torture practiced upon another prisoner, Preme Chand, allegedly by a jail Warder, Maggar Singh as a means to extract money from the victim through his visiting relations. Batra braved the consequences of jail indignat..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....and. From the certified copy of the registered deed of gift (Annexure F to the writ petition) it is found that although the land gifted by Haji Md. Abdul Momith comprises of 2 plots but the land as a whole is compact land vide “হস্তান্তরিত সম্পত্তির নক......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. ......iction. He next contends that the Government is ultimate authority to accord approval about selection of the land for UPCB according to the Paripatra and as the building would be constructed with its money. He finally contends that the Government in compliance with the Paripatra issued the impugned ..Category: Property Law | Date: | Hits: 130
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. ...... an appeal from an Order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an Order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be tak......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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