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Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....asures. So, the damage caused to the plaintiff’s Tanker T-1049 due to the negligence and dereliction of duties of the crew members of the defendant’s vessel MT ESSENCE. The defendant’s vessel also violated the Navigation Rules and Maritime laws. There was no negligence and dereliction of the d......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ...... Admiralty Suit has been instituted by the plaintiff, Bangladesh Inland Water Transport Authority (in short BIWTC) on 7.1.1990 praying for a decree for realization of Tk. 66,500/- as compensation for loss and damage occasioned due to collision made by the vessel MT ESSENCE owned by the defendant No...Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocean Wave ...... party aggrieved to institute the instant Admiralty Suit. Further the plaintiff not being the consignee of the goods, as appears from the Bills of Lading, he cannot challenge the short landing and so called late arrival of the vessel and consequently the business loss, against the carrier as has bee......he same. As market price of Soda Ash Light was plummeting so the owner guaranteed the plaintiff that the vessel will arrived by 19.6.1997. But as the vessel arrived on 6.7.1997 the plaintiff was in a loss of market price of Tk. 1,000/- per MT and as a result of such loss the plaintiff suffers loss a..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....e the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for the purpose of disposal of these two appeals are that, the plaintiff is the successor-in-interest of Messers Lucas Service (Pakistan) Limited conducting the business of manufacture o...... purchase such property, then the Government will be at liberty to sell it through tender. He further submits that in a case where a property is going to be sold through tender the contract cannot be called a concluded one on the basis of mere offer and acceptance, rather it will be a concluded cont......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....le No.88 (1) 89 subject to deposit of Taka 5 lac to the respondent Bank within 6(six) months and the petitioner company having made the deposit within stipulated time on 18-2-1990 the Rule was made absolute. During pendency of the First Appeal before the High Court Division an application was filed ......no manner of application in this case. We find no substance in ground Nos. 1 and 3 of the Writ petition. 11. The Bangladesh Shilpa Bank Order, 1972 (President’s Order No.129 of 1972) hereinafter called the Order, has been enacted to provide credit facilities and equity support to industrial con......d to take step for completion of the half done work and, as such, had to invest additional equity money as well as take additional loan of Taka 15 lac. As a result the petitioner incurred substantial loss in spite of adverse situation the petitioner succeeded to complete project and went into commer..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....no order as to cost. Ed. This Case is also Reported in: ...... “68. Proof of Execution of Document Required By Law to be attested.- If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose of proving its execution, if there be an attesting witness alive, and subject to ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
....alf of the Respondent No.5 the Vested Property Department, could not submit the legal points and other materials in favour of the respondent No.5 before that Bench and accordingly the rule was made absolute on ex parte hearing of the petitioner.
3. In support of his submission the learned Advoca......court on 22.3.2009 in Writ Petition No. 4265 of 2005.
2. The learned Advocate Mr. Fazlul Hoque appearing on behalf of the review applicant submits that when the Writ Petition No. 4265 of 2005 was called for on for hearing on 22.3.2009, he was in the hospital due to his health ailment and accordi...... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
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Category: Procedural Law | Date: | Hits: 62
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....7(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 acquitting the solitary accused respondent of the charge under section 302 of the Penal Code. The prosecution case,...... PM Mr. Arshad informed him that the condition of the maid servant Golapi was very much precarious and then Mrs. Arshad sent the cook Kamal to Golapi’s sister’s husband and that a doctor was also called in and thereafter Golapi was taken to the Dhaka Medical College Hospital by one Mr. Delwar an......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617...Category: Criminal Law | Date: | Hits: 60
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
..../1 Purana Paltan though the proceeding was started in respect of holding No.58/1 of Purana Paltan, officer-in-charge and receiver on the basis of the order of the learned Magistrate took possession also of holding Nos. 59 and 59/1 from second party Kabir and handed over possession of the same to the......ormant. Fazlul Haque Choudhury Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 6040 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceeding under section 145 of the Code of Criminal Procedu...... learned Magistrate with a direction to ask the officer-in-charge to hand over the possession within 15 days from the receipt of the order. Ed. This Case is also Reported in: 52 DLR (2000) 616. ..Category: Criminal Law | Date: | Hits: 47
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....He has further submitted that the allegation is baseless because name of the then State Minister Kazi Firoj Rashid was not dropped from the first information report. Not only that, charge-sheet was also submitted against him. 4. Mr. Md. Mustafa, the learned Assistant Attorney-General, on the othe......or the Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 831 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceedings of Kotalipara PS Case No.2 dated 26-4-91 corresp......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612...Category: Criminal Law | Date: | Hits: 58
Md. Hukum Ali Mollah Vs. State, 2011, 40 CLC (HCD)
....of the Penal Code, now pending in the Court of Additional Sessions Judge, Manikgonj. 2. In a case under section 302/201/109/34 of the Penal Code an FIR was lodged on 30.4.2007 against 4 accused persons wherein the petitioner was not named there but was arrested on 4.5.2007 and thereafter made a c......ined out of 21 charge sheeted witnesses but none of them disclosed the name of the petitioner in this case save and except the confession of the petitioner there is nothing to implicate him in the so-called incident but on perusal of the confessional statement it will appear that it was exculpatory ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 66
Md. Abdur Rouf alias Lengra Rouf Vs. State, 2011, 40 CLC (HCD)
....trate and Amoli Adalat No.3, Sirajgonj. 2. Prosecution case, in short is that on 26.3.10 one Md. Nazrul Islam alias Kanchhe lodged an FIR with the Tarash Police Station against unknown accused persons alleging inter alia that his younger brother Md. Abdul Bari was found dead at 7.a.m on 26.3.10 ...... The learned advocate appearing for the petitioner on drawing our attention to the FIR, seizure list and the charge sheet submits that there is nothing on record to implicate the petitioner in the so called incident and he has simply been arrested on mere suspicious and he is in custody since 14.6.2...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
.... Chief Judicial Magistrate, Cognizance Court, Jhenidah. 2. Facts for disposal of the rule are that Mst. Anjira Khatun lodged an FIR with the Jhenidaha Police Station on 12.2.10 accusing unknown persons alleging inter alia, that her husband is a van driver; on 10.2.10 he returned to home at about ......is work and stood in the courtyard of the home taking one maflar and one jacket from her; then he received a phone call on his cell phone and on asking he said that his nephew namely Md. Abul Kashem, called him over phone; after receipt of the said call he got out of the home at 10.30 p. m. felling ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....hall be no order as to costs. Ed. This Case is also Reported in: ......order and did not erect any hut on 31.1.1996 in the suit land which are in existence from earlier. There is no suit land as alleged in the plaint and the plaintiffs were never in possession of the so-called suit land and as such no question arises to hand over the possession of the non-existence sui...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....icensed firearm and ammunitions in his possession and then he accompanied P.W.6 Shantanu Ghosh, P.W.8 Nurul Islam, P.W.7 Md. Shahidul Islam, P.W.5 Constable Idris Ali and with the accused went to the southern side of Jhenaidah City College. There accused Bilu pointed out to a sishu tree and beneath ......secution and was cross-examined. He denied the suggestion that the revolver was recovered in his presence. In reply to cross-examination at the instance of the accused he stated that at 6-30 AM Sipoy called him and took his signature on a blank paper. 6. P.W.3 Md. Abdul Khaleque, attesting witnes......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Karim Ullah alias Kalim Ullah Vs. State, 2011, 40 CLC (HCD)
.... in short, inter alia is that one Ali Akbar as informant lodged an FIR with the Moheshkhali police Station alleging that the informant was living at Kutubzum Ghativanga village, all were demanding ransom from the informant which was denied by the son of informant Nurul Hayat; that at 5.30 p.m. of 24......lace by giving threat; that thereafter at night the informant along with his son and other family members after taking their meal were sleeping, then at about 2.30 A.M. on 25.3.2006 accused No.2 to 6 called his son and his son went out from his house and brought his son on the bank or wadda and at t......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 65
Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
.... that one Mst. Maleka lodged an FIR on 12.5.03 alleging that her husband Abu Hossain @ Sajjad while was engaged his fish business in the evening at about 7.30 on 11.5.03 was killed by slaughtering by some unknown miscreants, accordingly a case under section 302/34 of the Penal Code was started. 3......ication for bail submits that save and except the disclosure of his name in the confessional statement by the co- accused Rabiul Alam alias Rabi there is nothing to implicate the petitioner in the so-called incident and the petitioner has got fair chance of acquittal in this case. He further submits...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
.... passed by the learned Additional Sessions Judge, Ist Court, Naogaon in Sessions Case No.09 of 1999 convicting the appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 10,000/-, in default to suffer rigorous imprisonment for a perio......ssociates namely Md. Abed Ali and Md. Ashraf Ali, the accused petitioners herein, took the deceased Kayemuddin to the hat at Jigatola and after he finished his shopping in the hat the accused persons called the deceased out of the hat for the discussion about the monetary transaction relating to the......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... 2. It appears that the complainant filed a petition of complainant with an allegation that the accused petitioners though not owner of the land of plot No.348 of CS Khatian No.3 of mouza Narayanpur sold 0.15 decimals out of that plot to him but subsequently when he came to know that the accused pe......For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Additional Sessio...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....6 a formal agreement was entered into between the petitioner and respondent No.5 for implementation of the project. The petitioner furnished an advance payment guarantee for TK.1,46,80,941.15 and also submitted the sale receipt agreement for purchase of equipments by memo dated 20.08.2006. The pet......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......ions from respondent No.5 to stop activities of the aforesaid work, vide site works book instruction dated 25.09.2006 and requested to treat the matter as per clause 44.1(G) to avoid future financial loss. On 15.11.2006, respondent No.5 wrote to respondent No.4 recommending 10% advance payment. On 1..Category: Others | Date: | Hits: 118
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007.) Judgment SK Sinha J. - By this petition the petitioners sought for review of the judgment and order dated 3rd August, 2008 of this court in Civil Petition f......984. One Abdul Hasan had filed application on 26th April, 1995 before the Assistant Commissioner (lands), Gopalgonj, for lease of the suit property and accordingly, the Assistant Commissioner (lands) called for a report from the local Tahsil Office. The local Tahsildar submitted a report on 6th June......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
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