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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......s. 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's Republic of Bangladesh, 41 DLR (AD) 165; Smt., Indira Gandhi V. Rajnarain,...... 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)
....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…………......their guilt and they also implicated this petitioner. He submits that their statements may be considered in this case under section 30 of the Evidence Act. The learned Attorney‑General has not controverted the submissions made by the learned Advocate for the petitioner as regards the statement rec......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...... the Nari-O-Shishu Nirjatan Daman Ain, 2000 against them. 4. During trial the accused-persons stood charged under section 11 (ka) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was read over and explained to the present accused-persons Rizia Begum and Shakhawat Hussain Mollah to whic......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...... ডিক্রী দানে মর্জি হয়”। contending, inter alia, that the suit property comprises an area of 452.54 acres and that belonged to the khas land of Government. The said land was being used as a tea garden as there was a tea garden upon the suit land......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......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)
....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......ollection of the sale proceeds, deposit the same in the petitioner's account after deduction of the GSA commission along with other related expenses. 5. In September of 2006, the petitioner took over Dragon Airlines Limited of Hong Kong. Since Dragon Air also operates four flights a week carr......1212, be, and is hereby, wound up. 44. The Official Liquidator, Supreme Court of Bangladesh, is appointed as the Liquidator of the company. The Liquidator is directed the take over the control, management and administration of the business affairs of the Company as well as its assets, both m..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......the plaintiff for the purpose of putting those Barges on the river at Dowarika Bazar in order to connect the two bank of the narrow river and use the same as causeway to transport heavy machineries over the same. The learned Advocate Mr. Mahmood argues that the Barge not being জাহাজ as c......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)
.... 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......that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th Court, Dhaka impleading the defendant-petitioner and others for recovery of damages and compensation on the averments that the plaintiff as an importer opened L/C th......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......fs, 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 order an ......case of any illegal appointment or exercise of power without any lawful authority and that she had always managed the Wakf property according to the wishes of the Wakf and there was no question of mismanagement or misappropriation of the Wakf annuity or any fraud as alleged. The matter was heard by ..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......, 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 aforesaid Company. Cases Referred......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......pension 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 plaintiff has a right under Artic......ect and not binding upon the plaintiff being void and mala fide. 3. The appellant's case is that he is a permanent member of Dhaka Club Limited since 1983 and he is in the habit of criticising the management for betterment of the club and is contemplating to contest the next election to be held i..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. ......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
Category: Environmental Law | Date: | Hits: 891
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. ...... Administrator of Waqfs is not a Subordinate Court of the High Court Division or of the Civil Court. 4. The Administrator of Waqfs is appointed under section 7 of the Waqfs Ordinance by the Government. Under section 10 thereof the Administrator shall be deemed to be a “Public Officer” w......wdhury and 3 others before the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under section 32 of the Waqfs Ordinance, 1962 alleging breach of trust, misappropriation and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....agor and 3rd party guarantor and in this case the petitioner is neither a mortgagor nor a 3rd party guarantor and as such the impugned judgment and order is liable to be set-aside. 9. On the other hand, Mr. Md. Mamunur Rashid, the learned Advocate appearing for the opposite party No.1, Pubali Ban......tion 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, circumstances of the case and law bearing on the subject, we are......, 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
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......assers and Miscreants.- (1) If a co‑sharer in waqf property or an individual beneficiary or any other person interested in a waqf, or a stranger, creates disturbances or obstruction in the peaceful management of the waqf or any institution attached thereto in any way, or disturbs the possession of..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....the whole incident. P.W. Abdullah who happens to be an eye witness to the occurrence stated that while he was at the Purinda Bazar, he heard somesounds of gun‑shots and came out with a torch in his hand and Abul Hossain and Kashem Ali also accompanied him. The dacoits fled towards the south and th......d towards the south and they followed them and he saw the dacoits near at the ail and Kashem Ali and Abul Hossain caught him with a knife in hand and he identified accused Arzan. Thereafter they made over the arrested accused Arzan with the local people and advised to catch another dacoit and upon f......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ..Category: Criminal Law | Date: | Hits: 87
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....s such as no পণ্য is in dispute in between the parties the plaintiff's Suit under the provision of Section 3(2)(Ja) of the Admiralty Courts Act, 2000 is not maintainable. 6. On the other hand the learned Advocate Mr. Ajmalul Hossain QC appearing on behalf of the plaintiff-petitioner tak......wrongfully detaining on the false plea of dispute with its own principal. The entire transaction attracts the Provision of Section 3(2)(Ja) of the Admiralty Court Ain, 2000 since the claim for recovery of those containers are essentially a claim which attracts the Provision of the Section as suc......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
Category: Others | Date: | Hits: 146