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Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

.... This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......g those dated 30.03.1986 passed by the learned Munsif, Gaziur in Title Suit No. 620 of 1981 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The Predecessor of the opposite parties No..

Category: Property Law | Date: | Hits: 106

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....s Case is also Reported in: 16 MLR (HCD) (2011) 213. ......Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order 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 fo..

Category: Civil Law | Date: | Hits: 186

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....s. 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.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'......dge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamdar and is not the owner thereof. 3. The case of..

Category: Property Law | Date: | Hits: 134

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

....Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul......d Court, Sadar, Chittagong in Other Suit No.229 of 2009 granting an order of status quo should not be set aside and or such other or fur­ther order or orders passed as to this Court may seem fit and proper. 2. This Court at the time of issuance of the Rule directed the parties to maintain status..

Category: Civil Law | Date: | Hits: 115

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to-  Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit......Kushtia Police Station Case No.37 dated 23-07-2003 corresponding to G. R. No.1692 of 2004 should not be quashed and or such other or further order or orders passed as to this court might seem fit and proper. 2. Facts relevant for the purpose of dis­posal of the instant rule in short are that, FI..

Category: Criminal Law | Date: | Hits: 104

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....ry Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Cathay Pacific Airways Limited, 5/F, South Tower, Cathay Pacific City, 8 Scenic Road, Hong Kong International Airport, Hong Kong and having its local office at "Baliaree" (2nd floor), Plot No.30, Road No.130, Gulshan-1, P.S.-Guls......eds of tickets by the agent, i.e. the respondent company. The Court held that the company was a defaulter and was unable to pay its debt and allowed the application on the ground that "it is just and proper that the respondent company be wound up". 27. Similarly, in Eastern Bank Ltd Vs. Bengal Ca..

Category: Company Law | Date: | Hits: 164

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....on (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. Result: The application ......is is plain upon looking at the meanings given in Johnson's Dictionary; and it is to be observed that one of the meanings of 'boat' is therein stated to be 'a ship of a small size''. I think that the proper meaning is 'something hollowed out'. 19. The decision is 'THE MAC' was also followed in t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

.... Vs. Air Route Service Limited, others......................Respondents Judgment June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the af......ey due for the tickets sold not less than once each fortnight i.e. on the 15th and the end of each month. All moneys collected by respondent No.1 for the tickets sold including any commission are the properties of the petitioner and it is retained by the respondent as such an agent of the petitioner..

Category: Company Law | Date: | Hits: 145

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

....High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Abu Ahammad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appea......bmits that the order of suspension passed by the disciplinary Committee cannot be maintained, as it offends the principle of natural justice. He submits that the plaintiff was not given the legal and proper opportunity to controvert the allegation made against him. He further submits that the plaint..

Category: Others | Date: | Hits: 154

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)

.... M A Aziz J Abdur Rahman………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs  and others………………………………………..Respondents Judgment April 3, 1997. ......n an order of acquittal is under review, we are of opinion that the reviewing authority cannot exercise the power of review in a casual, mechanical or capricious manner and instead he has to do it by proper application of judicial mind. 11. Though a Judgment and order passed by the Martial Law Co..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

.... Md. Imman Ali J Md. Abu Tariq J Bangladesh Environmental Lawyers Association(BELA)……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others……………………..Respondents Judgment September 9, 2010. ......he AC (Land), Sitakunda who have allegedly leased out the coastal forest land vide impugned lease deeds in favour of respondent Nos.15-19 for setting up of Ship breaking Yards without permission from proper authority. Respondent No.14 is the President of Bangla­desh Ship Breakers Association whose ..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....LC (HCD) (2011) 118. ......ut of Petition Case No.4182 of 1998 pending on the Court Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadu..

Category: Criminal Law | Date: | Hits: 70

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

....with M. K. Dastidar—For the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and ......investigation has not been perfect. I find substance in the submission. Hence, the re-in­vestigation of the case may please be taken up by Assistant Police Commissio­ner (Kotwali) himself to ensure proper justice". 4. Against the said order of ire-investigation the informant Mohammad Hossain pr..

Category: Criminal Law | Date: | Hits: 93

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

.... Present: Sheikh Abdul Awal J M. Moazzam Hussain J Harunur Rashid Bhuiyan.......................Petitioner Vs. Pubali Bank Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. ......under Samsherabad along with structures standing thereon on the ground that on the date of mortgage as well as attachment the judgment-debtor-opposite party Nos.2-4 were not in possession of the said property, the possession of the said property was delivered to the petitioner on 10.10.1994 by the j..

Category: Civil Law | Date: | Hits: 176

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

....ivision (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J     Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made abs......, the learned advocate, with reference to Annexure-A, A-1, B and B-1 filed in Writ Petition No.3152 of 2009, submits that the voter list containing the names of 261 voters was in fact approved by the proper authority and therefore the election was lawfully held. 13. Discussion and Findings: I ..

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)

....y 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 Oils Limited…â......with that of the principal debtor, i.e. Defendant Nos. 3 and 4; b. the plaintiff has recourse to relief against the Defendant Nos. 1 and 2; and c. the Defendant Nos. 1 and 2 are nec­essary and proper parities to the suit and as such their presence is required for effectual and complete adjudi..

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

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

....riginal Jurisdiction) Present: Tariq ul Hakim J Md. Faruque J Rehana Ali………………………..Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Education and others …………. Respondents Judgment May 24 and 25, 2012. Result: The Rule is......lling the fraud purported by unauthorized educational institutions in the pretext of providing foreign law degrees and and/or pass such other or further order or orders as this Court may seem fit and proper. This is a public interest litigation. 2. It is stated that the petitioner, a conscie..

Category: Others | Date: | Hits: 146

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

....2010) 35. ......rt, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for decla­ration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments that the suit land originally belonged to Shoilendra Nath Chowdhury and ..

Category: Property Law | Date: | Hits: 134

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

....t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap......he Code of Civil Procedure. 2. The plaintiff-appellant filed the afore­said suit for Specific Performance of a Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in the schedule to the plaint. In the suit, defendant No.1 appeared and filed app..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....onvict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gian......ast to submit some statement before the trial judge to prove his own innocence. Unless such an exercise is done on behalf of the prosecution it cannot be said that the accused person has been given a proper opportunity to form his opinion as to the requirement of making any defence case. 26. It a..

Category: Criminal Law | Date: | Hits: 115