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Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....he opposite party Civil Revision No.1689 of 2010. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party to show cause 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......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. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....nd make the Rule absolute. In the facts and circumstances of the case, we direct the parties to bear their own costs. Anwarul Hoque Chowdhury J.- This Rule is directed against a Judgment and order dated 25.5.72 passed by District Judge, Bakerganj passed in Miscellaneous Appeal No.186 of 1974. ......atter of any children as being foreign to human nature. If not proved to be otherwise being an exception in a given case of which normal human conduct or behaviour acting in good faith would be taken notice of by a Court under section 114 of the Evidence Act. Nadira Begum's father was not under the ......1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While concurring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....Chief Metropolitan Magistrate, Dhaka. Annexure 'B' to the petition is the certified copy of the F.I.R. which shows that the occurrence took place on 25.5.82 and the F.I.R. was lodged on the same date. Enclosure 'C' to the petition is the certified copy of the charge sheet which shows that the c......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... - For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General - For the State. Criminal Revision No.110 of 1983. Order Mustafa Kamal J.-This application u/s. 561A Cr.P.C. for quashing the proceeding in Kotwali P.S. Case No.42(5) 82 u/s. 436/511 of the Penal Code now pend..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ndent No.2 is the Managing Director of respondent No.1. The petitioner in the normal course of its business engaged respondent No.1 as an agent for selling tickets on commission basis by an agreement dated 2‑11‑85. In terms of the said agreement respondent No.1 was entitled to commission of 9% p......nexures ‘E' and ‘E1’. 14. In view of the repeated failure of respondent No.1 to pay debts despite repeated reminders and request of the petitioner, the petitioner served on respondent No.1 a notice dated 4‑11‑92 through its lawyer under section 163 of the Companies Act asking the respon...... 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..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....aisal Mahmud Falzee, Advocates ‑ For the Respondents. Appeal from Original Order No.209 of 1995. Judgment Mabmudul Amin Choudhury J.- This appeal is directed against the Judgment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205 of 19...... No.1 again requested the plaintiff to meet the Executive Committee on 2.8.95 without specifying any issue but as the plaintiff was still then out of the country, his office brought the matter to the notice of defendant No.1. The plaintiff than returned to this country on 3.8.95 and received another......gment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205 of 1995. The learned Subordinate Judge by the said order rejected the appellant's prayer for injunction. 2. The short fact leading to this appeal is, that the present appellant as plaint..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
.... For opposite Party No.11(C). Civil Revision No.1119 of 1993. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1‑12 to show cause why the order dated 22‑2‑93 passed by the learned Senior Assistant Judge, Comilla Sadar in Partition Suit No.1......151 of the Code of Civil Procedure. It further appears that the trial Court interfered with the decree of the ground that when the commissioner submitted his report, the matter was not brought to the notice of the parties in the litigation and, as such, they failed to file any objection. But it is w...... opposite parties 1 and 2 as plaintiffs instituted Partition Suit No.150 of 1964 in the 3rd Court of Munsif, Comilla against the present petitioners and others and the same was decreed in preliminary form on 13‑6‑67 and thereafter final decree was passed on 10‑11‑87 which was subsequently se..Category: Procedural Law | Date: | Hits: 112
....ation of ship breaking.
6. The petitioner has mentioned number of gazette notifications and policy decisions of the government in favour of coastal aforestation, namely Memo No. 344(4)-5-136/76-LS dated August, 1976; notification dated 22 December, 1985, No. XII/Four/13-19/84/900; Memo No.Bhum/sh...... against respondent Nos.15, 16, 17, 18 and 19 but noaction was taken by the police to prevent the said respondents from damaging the forest.
10. Under such circumstances, the petitioner served a notice demanding justice on 10-2-2009 upon the respondents to take immediate action and to stop sett......
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...
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....used persons as petitioners and obtained the Rule on 23-11-98 as disclosed above. 5. Mr. M. Hafizullah, learned Counsel appearing for the petitioners has drawn our attention to Annexure-B an order dated 19-10-98 passed in Title Suit No.371 of 1998. This is order No.1 in the said suit. Referring t...... process of the Court which is liable to be quashed for securing ends of justice. 12. It may be pointed out that Opposite Party No.2 has not entered appearance at any stage, despite due service of notice upon him. 13. Ms. Sarker Tahmeena Begum, learned Assistant Attorney General submits that t......nt Nozrul Islam Chowdhury J.- The Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show cause as to why the proceedings in Mohammadpur PS Case No.40(11) 98 arising out of P..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....lling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and Abdul Karim Dovash to show cause as to why the order dated 29.09.1979 directing reinvestigation of the case passed by the Sub-Divisional Magistrate Sadar......nts recorded under section 161 of the Cr.P.C visited the place of occurrence on several occasions, that neither the complainant nor any witness cited in the charge-sheet in spite of information and notices in writing appeared, that he examined 7 witnesses who stated that informant Mohammed Hossain...... against the four accused persons on 31.08.1979 under section 147, 427 and 352 and 379 of the Penal Code. On 29.09.1979 the accused persons filed a petition stating that in order to harass them the informant party has falsely started a series of civil and criminal and revenue case against them The..Category: Criminal Law | Date: | Hits: 93
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....sp; Civil Revision No.3160 of 2006. Judgment Sheikh Abdul Awal J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and order dated 4.5.2006 passed by the learned District Judge, Lakshmipur in Civil Revision No.07 of 2005 affi......, 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. ......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..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
.... President and Members and Opposite Party No.9 as the President of Gafargaon UCCA. But the Joint Registrar and Appeal Officer of Divisional Co-operative Societies Office, Dhaka Division, by his order dated 23.4.2009 passed in Appeal No.01 of 2009, declared the entire election illegal. The said order......he two letters dated 29.09.2008, and 14.10.2008 issued by theউপজেলা পল্লীউন্নয়ন অফিসার। It is not clearwhether these letters were at all brought to his notice. These two letters appear to be material documents for determination of the legality of the v......and order dated 27.10.2009 passed in Miscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. Th..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....o.1359 of 1989. Judgment Md. Gholam Rabbani J.- This Rule obtained by the defendant No.3 in Tide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying f......b‑section (2) allows a person to prefer appeal to theDistrict Judge after heis evicted in execution of an order passed under sub‑section (1). If we look into sub‑section (2) minutely it will be noticed that sub‑section (2) provides an appeal against one's eviction and not against an order of......ide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declar..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....oit and upon focusing torch light he found accused Mesbahuddin with a cut rifle in his hand. They also caught him with the arms and ammunition. P.W.7 Kabiluddin has stated in his evidence that on the date of occurrence at about 7/7‑30 P.M. he heard some hue and cry and went out towards the field a......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. ......eal No. 1064 of 1992 with Jail Appeal No. 823 of 1993. Judgment Qazi Shariuddin J.- This reference being Death Reference No.14/92 submitted by the learned Additional Sessions Judge, Narayangonj for confirmation of the death sentence passed by him on accused Mesbahuddin, the jail appeal preferr..Category: Criminal Law | Date: | Hits: 87
....llah's submission, for example, that the, obligations under the two letters of Guarantee must not be interpreted as being immediate upon issuance of the letters but must rather be seen at the present date as yet to mature thereby negating any justification for the P. & I. clubs to be impleaded i......surety in the following terms:
"The liability of the surety is coextensive with that of the principal debtor, unless it is otherwise provide by the contract."
6. Further, this court has taken notice that in Imperial Bank Vs. London and St. Katherine Docks Company reported in (1877) 5 Ch. D 1......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..
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)
....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. ......to their agent, proforma defendant No.2 and 3, for letting those containers to the shippers for carrying of goods by sea upon a lease agreement which having been terminated from 5th January 2009, a notice has been served upon EP Carrier (PTE) Ltd. on 9th January 2009 demanding the return of the co....... 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..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....pplied on 9.3.2009 and again on 9.11.2010 to the Government for permission to provide tuition for L.L.B. Degree of London University but the Deputy Secretary of the Ministry of Education in his reply dated 9.3.2009 said that there was no scope for providing permission in the present set up. He furth......letely a fake Organization. There is no way that the place can be characterized as a school or even a coaching centre.” The said report was subsequently published in the daily Newspaper as a public notice in compliance with this Court’s order. The Respondent No.6 however does not appear to have ......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..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....h Md. Humayun Kabir, Advocate - For the Appellant. First Appeal No.257 of 1998. Judgment Sharif Uddin Chaklader J.- This appeal by the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, 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 veste..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....cate - For the Respondents. First Appeal No.68 of 2009. With Civil Rule No.98(f) of 2009. Judgment Sharif Uddin Chaklader J.- This appeal is directed against Judgment and decree dated 01-12-2008 passed by the learned Joint District Judge, first Court, Dhaka in Title Suit No.447......n held that, there was a contract between Railway Administration and a contractor giving licence to contractor to supply refreshments in refreshment room and run buffet cars terminable at 6 months' notice. It has further been held in the decision that, under the provisions of section 42 of the S......-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..Category: Civil Law | Date: | Hits: 200
Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)
....ro-Sessions Appeal No.177 of 2007 now pending in the Court of Metro-Sessions Judge, Dhaka. 2. The learned Advocate submits that the learned Metropolitan magistrate, Dhaka by his Judgment and order dated 28.12.2006 convicted the appellant petitioner under section 420 of the Penal Code and sentence......tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ......Criminal Miscellaneous Case No. 2543 of 2007. Judgment Md. Ali Asgar Khan J.- The appellant petitioner by way of an application under section 426(1) of the Code of Criminal Procedure has prayed for enlarging him on bail in Metro-Sessions Appeal No.177 of 2007 now pending in the Court of Metro-..Category: Criminal Law | Date: | Hits: 106
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....huddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur Rashid - For the respondent No.2. Writ Petition 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 ap...... 24.4.2003 appears to be without jurisdiction, because that order not only was passed beyond the statutory period but that also affected the rights of the parties, the Judgment debtors. It is further noticeable from the impugned order that no notice was served upon the Judgment debtor petitioner bef......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..Category: Limitation Law | Date: | Hits: 162
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