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State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....a) 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 which they pleaded not guilty and claimed to be tried. The condemned-accused Golam Sarowar Hossain Mollah being absconding the charge ...... the State Defence. Death Reference No.159 of 2005. Judgment Bhabani Prasad Singha J.- This Death Reference has been made by the learned Judge, Druta Bichar Tribunal No.3, Dhaka for confirmation of the death sentence imposed upon the condemned-accused Golam Sarwar Hossain Moi......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)
....nd against the interest of the principal and does not authorise to institute any suit. The plaintiff is the trustee of the defendant. 21. The agreement for sale of interest of the defendant as claimed by the plaintiff is nothing but a void agreement inasmuch as the lease deed itself prohibi......suance of the Rule directed the parties to maintain status quo in respect of position, possession, nature and character of the property in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit 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)
.... the plaintiff suffered a loss of Tk. 1,47,341/78. That the said loss was caused due to the gross negligence and carelessness of the staff of the defendants and accordingly the plaintiff lodged the claim upon the defendants but they illegally repudiated the same. Hence, the plaintiff was constra........Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009. Result: The appeal is allowed. Lawyers Involved: Md. Ohiullah for M. Hafizullah, Advocate-For the appellants. Not represented-For the respondents.......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)
....nstant application has been filed to exert pressure upon the company to pay the money which is alleged to be due to the petitioner. 17. Mr. Kamal contends that the company seriously disputes the claim of the petitioner and also challenges the authenticity of the Statements annexed by the peti......nbsp; Company Matter No.43 of 2007. Judgment Zubayer Rahman Chowdhury J.- This is an application under section 241 read with section 242 and 245 of the Companies Act, 1994 (briefly, the Act) for winding up of respondent No.1 Vantage International Limited. 2. The petitioner Cathay Pacific......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
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....ct 2000, any cause arising out of such Barges as alleged in the instant suit is not maintainable in the Admiralty Jurisdiction since prayer cause of the suit indicates that the plaintiff has tortious claim against this defendant. 3. The learned senior Advocate Mr. Rokanuddin Mahmood next further ......M Abdur Rahman J.- By this application/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defendant Niko Resources (Bangladesh) Ltd. prays for rejection of the plaint on the facts and circumstances stated therein. 2. So far the grounds ......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)
....of damages was not raised and decided before the Tribunal or the High Court Division under the Customs Act and as such the question of res judicata in respect of the instant suit of the plaintiff for claim of damages does not arise. 10. We have perused the Revisional application, counter affidavi......use as to why the impugned Order No.19 dated 22.02.2010 passed by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit being Money......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
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....xure F. The respondent No.1 by a letter dated 21‑11‑92 replied to the said notice admitting that debt owed by respondent No.1 to the petitioner was Taka 4,85,000.00 instead of Taka 4,85,773.00 as claimed in the notice and requested the petitioner to be more considerate and to have more understan...... 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 to- Molla Abdulla Bhai Vs. Saria Rope Mills Ltd., PLD 1971 Ka......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
.... said land was such, the impugned lease agreement (Annexure-B series) and similar other agreements were executed illegally by the Respondents Nos.7, 11 and 12 without approval from respondent No.3, claimed the petitioner. On getting such lease, respondent Nos.15-19 started chopping down the tress ......
Md. Abu Tariq J.- The subject matter of the instant writ petition is the cutting of trees by ship breakers from the coastal green belt of Sonaichhari, under Sitakunda Upazila of Chittagong District for the purpose of setting up of ship breaking yards on getting the lease of Coastal Belt Area land.......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
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Category: Environmental Law | Date: | Hits: 891
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....qfs Ordinance. 10. I would have sympathetically considered the aforesaid submission of Mr. Sircar, but for the fact that the petitioner himself by his own conduct has forfeited his worthiness to claim such a relief from this Court. I find from the records of the case that the petitioner initial......tahar Choudhury was the Mutwalli of Bhatipara Waqf Estate bearing Enrolment No. E.C. 11917 on and from 30.10.1974. On 23.11.1981 an application was filed by one Abu Saleh Chowdhury and 3 others before the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under section 32 o......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. ..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....bjection resisted the same contending, inter alia, that the application is barred by section 32(2) of the Artha Rin Adalat Ain, 2003 inasmuch as the petitioner filed the said application as 3rd party claimant without depositing 25% of the decretal amount. 5. The Artha Rin Adalat upon hearing the ......nt 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 necessary for the disposal of the Rule are that the opposite party No.1 Pubali Bank Ltd. as plaintiff institut......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
....insurance. By so entering one or more of their ships in a P. & I. club shipowners become members of that club. P. & I. clubs operate on a system of mutual insurance under which the successful claim of one member is paid out of the contributions of and the calls made on, all the members inclu......These are two Applications filed on behalf of the Defendant Nos.1 and 2 in both cases under Order 1, Rule 10 (2) of the Code of Civil Procedure hands of the two P. & I. clubs have in a sense been forced in such a way by the plaintiffs in these suits that the two P. & I. clubs are expected to......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....the sum of US dollar 335,034/08 equivalent to BD Tk. 2,31,17,351/52 along with an interim prayer for issuance of injunction restraining the defendant from disposing off those containers in any way, claiming that the plaintiff No.1 and 2 being the owner of those containers leased out those 311 pi....... AKM Ali, Advocate - For Defendant No.1. Admiralty Suit No.12 of 2009. Judgment AFM Abdur Rahman J.- By this application the defendant appellant Continental Traders (BD) Ltd. prays for dismissing the suit as not being maintainable. 2. The plaintiff GE Sea Company Service Ltd. a......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
....aw Degree and/or by promising to award Law Degree of U.K. University including the University of Williamsburg U.K. due to the inaction of the Respondent Nos. 1-4. Being cheated herself the Petitioner claims to represent similar members of the public and has come to this Court and obtained the presen......esh, represented by the Secretary, Ministry of Education and others …………. Respondents
Judgment
May 24 and 25, 2012.
Result:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petit......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)
.... (b) where the relief clamed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, failed to do so; (c) where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plai......-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. Shams Uddin Babul, Advocate - For the Respond......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
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. ......tition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the application for making preliminary decree final under Order 34 Rule 5 of the Code of Civil Procedure. 2. Brie......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. ......t Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to...... 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)
....overnment stated that "compliance of the Paripatra guidelines is mandatory". We reserve our view as to whether the provisions as contained in the Paripatra are mandatory or not. But as the Government claims it to be mandatory, we fail to understand why the Government has selected a land of 0.40 acre......os. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these writ petitions are taken up together for hearing and are being disposed of by this single judgment. 2. Writ Petition No.3437 of 2008 h......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
....tions and reiterating the statements made in the affidavit‑in‑opposition filed by the respondent No.1. The respondent No.4 further stated that while appointing the chief it is the maturity of the claimant and his reasoned mind and not numerical age which is to be considered and after considering...... the Rule by filing an affidavit‑in‑opposition denying most of the averments in the writ petition and stating, inter alia, that age alone has not been considered in the past as the only criterion for recognition of the Bohmong Chief. Rather age, fitness, qualification and overall acceptability t......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
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Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....Court without considering the fact that the pre-emptor had no locus standi to file the aforesaid pre-emption Miscellaneous Case No.8 of 1988. 9. Mr. Mazumder next submits that the pre-emptor while claiming the ownership and possession of the adjacent land appertaining to Plot No.951/1425. Whereas......ite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No.63 of 1993 disallowing the aforesaid Miscellaneous Appeal and affirming the judgment and order dated 30-1-1993 passed by the l......9-10-1987 he transferred the case land to the pre-emptees by way of registered deed being No.10857 for consideration of Taka 30,000 on condition that if the vendor returns back the said consideration money of Taka 30,000 to the vendee within 3 years of the date of the said transfer the vendee will g..Category: Property Law | Date: | Hits: 138
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......er or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff instituted Family Suit No.21 of 1999 in the Family Court, Kishoreganj, Nilphamari praying for dower money amounting to Tk.75,241/- and maintenance for Tk. 2,250/- stating, in nutshell that s......her order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff instituted Family Suit No.21 of 1999 in the Family Court, Kishoreganj, Nilphamari praying for dower money amounting to Tk.75,241/- and maintenance for Tk. 2,250/- stating, in nutshell that she was mar..Category: Family Law | Date: | Hits: 224
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