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Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....iddiq has submitted, however, does nothing to detract from the fact that for want of a better explanation the agreement dated 14.10.2004 simply reads as one executed for unlawful gain. On the other hand, and considered in that light and contest, and given the specificity of this Court's Order da......Badrudduza has at best made specious arguments in this regard that have thrown no light on why more transparent and regular processes were not adopted in so revising the original Audit Reports. It is noted in this regard that though Mr. Badrudduza has, however, confirmed that the revised audit repor..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....heinous the offence involved in the case may be. A dispassionate and balanced approach to the vital aspects of the case and the law bearing on the subject is a precondition for administering even handed justice……………………………(37) Lawyers Involved: Anowarul Islam - For the......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....endment of the plaint should be allowed for proper and complete adjudication of the suit. 4. Mr. Gour Gopal Saba, the learned Advocate appearing for the defendant opposite party No.1, on the other hand, submits that the application for amendment of the plaint is not a bonafide one as there has be......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... P.W.1 8. Shippers Charge/freight 2-8-09 P.W.1 9. General Power of Attorney 2-8-09 P.W.1 9. On the other hand the defendants examined Mr. Jamiul Islam as D.W.1 who filed Letter of Authority which has been ...... 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
....l the pledge share certificates and as such the impugned order of warrant of arrest is liable to be declared to have been passed without lawful authority and is of no legal effect.
7. On the other hand, Mr. Md. Nazmul Alam, the learned Advocate appearing for the respondent No.7 by filing affidavi......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
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Category: Civil Law | Date: | Hits: 127
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....of those decisions the respondent-petitioner has been adopting this dilatory tactics in the court below by filing an application under section 47 of the Artha Rin Adalat Ain, 2003. 7. On the other hand, none has appeared to oppose the Rule. 8. On the face of this submission, we have gone throu......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. ..Category: Civil Law | Date: | Hits: 186
....স্থিত ছিলেন। তাহাকে স্বাক্ষর করিতে বলিলে তিনি স্বাক্ষর করেন নাই।”
17. On the other hand D.W. 1 Mozharuddin Khondaker Ain Sahkari and also employee of the defendant No.1 has stated in ...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... existing state of the law, other statutes in pari materia, and the mischief which I can by those and other legitimate means, discern the statute was intended to remedy." and again: "On the one hand, the proposition can be accepted that "......it is a settled rule that the preamble "can...... maximize production and to that end to make provision for stable and satisfactory relationship between agricultural land owner and bargadar, the expression "immovable property' (which literally connotes agricultural and also non-agricultural land) cannot be said to be unambiguous and a doubt ling..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....ivision Judgment here. Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. 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
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....Hossain Mollah being absconding the charge could not be read over and explained to him. 5. To substantiate its case the prosecution in all examined as many as 11 (eleven) witnesses. On the other hand, none was examined on behalf of the defence. 6. On the closure of the evidence of the prosec......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
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e learned Additional District Judge, 3rd Court, Chittagong affirming the order of learned Joint District Judge. 10. Mr. Hassan M.S. Azim, the learned Advocate for the opposite party No.1 on the other hand submitted that the plaintiff has been able to make out a prima facie and arguable case in favou......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
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....n three days of the landings of the goods, but the plaintiffs did not do the same and as such these defendants, are not liable to compensate the alleged loss suffered by the plaintiff. On the other hand, the defendant No.3 the Chittagong Port Authority contended that out of the alleged suit cons......ntiff. On the other hand, the defendant No.3 the Chittagong Port Authority contended that out of the alleged suit consignment of 13 cases only one single case landed by mark in damaged condition as noted in the landing tally slip, exhibit-AA and the same was delivered to the consignee in the same ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....lso operates four flights a week carrying passengers and cargo between Dhaka and Hong Kong, the petitioner, being in control of both the Airlines, decided to appoint a single GSA in Bangladesh to handle the operation of both the Airlines. By letter dated 16.10.2006, the petitioner invited Reques......s in question and further claims that such Statements have been issued by the concerned officer at the behest of the petitioner to take undue advantage of the situation. 39. However, it is to be noted that since June, 2004, the Statement of Account for every calendar month covering the period f..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....admittedly the plaintiffs barge, which has not been used as in navigation but as causeway on a river, any cause regarding such Barges cannot be adjudicated by the Admiralty court. 13. On the other hand the learned Advocate Mr. Tanjib-ul-Alam appearing on behalf of the defendant argued that origin...... with two anchors and which had been used for the past four years as coal hulk was no longer a ship but had become a mere chattel, a floating coal hulk". 26. Upon the aforesaid decision this court notes that the permanency of the change in the navigable devise is the key point to be considered ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
.... submits that earlier over the self same dispute the plaintiff-opposite party moved upto this Court and as such the instant suit is also hopelessly barred by law of res judicata. 8. On the other hand, Mr. Golam Mohiuddin, the learned Advocate appearing for the plaintiff-opposite party by filing......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)
....f Wakfs, namely, Syed Mohammad Amir Hassain be a fit person to the next Mutwalli according to the terms of the Wakf deed, appointed him as Mutwalli in place of Mrs. Nadira Rahman. She was directed to hand over the charge of Mutwalliship to Syed Mohammad Amir Hossain immediately. As against that orde......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)
.... the State revenue may be looked into, but he involves himself in the problem of proving insolvency of the company which is different from a temporary misfortune of a company. 8. If, on the other hand, the object of a creditor in applying for winding up a debtor‑company is to bring pressure on......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. ..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....appeal is dismissed on contest. Cases Referred to- Secretary Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 386; TP Dever Vs. Lodge Victoria, AIR 1963 (SC) 1144; Charanjan Jadavji Padia Vs. Bhupash Chandra and others, 83 CWN 293; Ujjal Talukdar Vs. Netai Chand Koby, AIR 1969 (Cal.) 224; Cat. Pauper...... has been followed in AIR 1969 (Cal.) 224 (Ujjal Talukdar Vs. Netai Chand Koby). 11. Mr. Huq also placed before us Chitty on Contracts 26th Edition, Vol.1 Note 1900 at page 1899, where it has been noted that the Rules of Members Club or Trade Union may have contractual force and wrongful expulsio..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....o appreciate the provision of law and illegally passed the order dated 22‑2‑93. 4. Mr. Md. Latifur Rahman, the learned Advocate appearing on behalf of the opposite party No.11(c), on the other hand, submits that the final decree must be in accordance with the terms of the preliminary decree a......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
....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.
......i.e. the review order (Annexure‑C) is coram non judice because of the involvement/participation of the Sessions Judge attached to the office of the CMLA in the process through preparation of review note with recommendation for conviction of the petitioner though there is no sanction for such revie..
Category: Constitutional Law | Date: | Hits: 259
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