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Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....er Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The application is rejected. Cases Referred to- Unicol Bangladesh Vs. Maxwell Engineering Works Limited, 56 DLR (AD) 166; Canada Shipping Trading Vs. TT Ka......(2011) 140. ......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......foresaid claim of the petitioner as well as the counter claim of the respondent was dismissed by the said Court in Netherlands. 15. Mr. Fida M Kamal, the learned Senior Advocate appearing with Mr. Md. Ohiullah, Advocate submits at the outset that the petitioner has already issued a notice of arbi..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

....ent: Aquamarine Ltd., defendant No.(2) Aquamarine Ltd. 58, Agrabad C/A, Chittagong, defendant No.3 Regensea Lines Ltd. the local Agent of the Feeder Vessel 'MV Padma', defendant No.3A. Sea Consortium Bangladesh Ltd. and defendant No.4 Conti­nental Exports Inc., has been heard at the presence of all......in: 16 BLC (HCD) (2011) 132.   ...... 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.   ......added, who is the new agent of the feeder vessel 'MV Padma' who took over all the liability of the defendant No.3. The Defendant No.3A further filed written statement through the learned Advocate Mr. Md. Ohiullah by denying all the material allegations brought in the plaint and contended inter alia,..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....al Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Dr. Md. Abul Kalam and another…………………………Petitioners Vs. Government of the People's Republic of Bangladesh, rep­resented by the Cabinet Secretary, Bangladesh Secretariat, Ramna, Dhaka and othersâ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Dr. Md. Abul Kalam and another…………………………Petitioners Vs. Government of the People's Republic of Bangladesh, rep­resented by the Cabinet Secretary, Ba......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. ...... is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

.................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman and others Vs. Khagendra Barman and ot......se is also Reported in: 7 LG (HCD) (2010) 332. ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....standing. Against SR 5, 98,700/= accused made a payment of SR 2, 00,000/= on 12.12.2000 and also paid SR 2,00,000 on 17.01.2001. Thus SR 1, 98,700/= was remained out­standing which was equivalent to Bangladeshi (Tk.15.50XSR 1,98,700) = Tk. 30,79,850/= only. Thereafter the accused paid further amoun......te Abdul Aziz Bhuiyan Managing Partner, Binimoy International RL-351, Holding No.40/3, Inner Circular Road (VIP Road), Police Station Naya Paltan, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: Th......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and neces­sary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......tion. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... 61 DLR (HCD) (2009) 788. ......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... (HCD) (2009) 788. ..

Category: Property Law | Date: | Hits: 106

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....No.3, Dhaka & others .......Respondents Judgment August 2, 2010. Result: Rule is made absolute. Case Referred to- Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh,     represented by the Secretary, Ministry of Finance & others, ...... Bank, 67 Gulshan Avenue, Dhaka-1212, represented by its Senior Manager Grotip Special Assets Management and constituted attorney Ms. Nadia Mizan.........................................Petitioner Vs. Artha Rin Adalat No.3, Dhaka & others .......Respondents Judgment August 2, 2010. ......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. ......ry action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..

Category: Civil Law | Date: | Hits: 186

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

.... 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. ......me Court High Court Division (Civil) Present: Nozrul Islam Chowdhury J Muhammad Abdul Hafiz J Masum Sharif Bhuiyan and others…………………………..Plaintiff-Appellants Vs. Narayangonj Pourashava repre­sented by its Administrator and others………………….Def...... 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. ......e suit is liable to be decreed. 8. No one appears for the defendant respondents. 9. Heard the learned Advocate, perused the memo of appeal, the evidence on record and the exhibits. 10. P.W.1 Md. Abu Hanif has stated that Sabdi and Hasabdi were C.S. recorded ten­ants of the suit land and as..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....he appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Brid......Reported in: 7 LG (HCD) (2010) 310. ...... 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. ......ny 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, AIR 1975 (SC) 2299; Md. Ismail Vs. The State, 21 DLR (SC) 161; Commissioner of Income Tax. Kerala Vs. Tara Agencies, (20..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

.... is also Reported in:49 DLR (HCD) (1997) 560. ......resent: Md. Mozammel Haque J Md. Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settle­ment and others…………………………………………Res......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......ischarged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..

Category: Property Law | Date: | Hits: 113

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....de of Criminal Procedure, only three witnesses named this petitioner and they are Major Gen. Shafiullah, the then Chief of Staff of the Army, Major Gen. M Khalilur Rahman the then Director General of Bangladesh Rifles and Air Vice Marshal AK Khandker, the then Air Chief of that period. But what thes...... Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 1997. Re......7 DLR (AD) 139; Abdul Hakim and others Vs. State, 1987 BCR (AD) 143. Lawyers Involved: Mahbubur Rahman with Farah Mahbub, Advocates ‑ For the Petitioner. K.S. Nabi, Attorney‑General with Shahabudin Ahmad, Deputy Attorney‑General, Mansurul Hoque Chowdhury, Deputy‑Attorney-General and......cisions the petitioner may be. enlarged on bail. It has also been pointedly submitted by Mr. Rahman that in the statement recorded under section 161 of the Code of Criminal Procedure of Major General Md. Khalilur Rahman it has been mentioned that the whole planning of the operation was made by this ..

Category: Criminal Law | Date: | Hits: 82

Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)

....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ...... ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ..

Category: Civil Law | Date: | Hits: 117

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....................Petitioner Vs. Mukhlesur Rahman.......................................Respondent Judgment October 30, 1983. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh ......6 DLR (HCD) (1984) 71. ......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......1983. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Ra..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

...................Opposite Party Judgment July 7, 2011. Result: The Rule is discharged. Cases Referred to-  Abdur Rahim Vs. State 48 DLR (AD) 167; Tareque Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahman Vs. The St......igh Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Sheikh Md. Zakir Hossain J Md. Koisaruzzaman............................Petitioner Vs. The State..........................................Opposite Party Judgment July 7, 201......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..

Category: Criminal Law | Date: | Hits: 85

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....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. ......t Division (Dhaka) (Criminal Civil Appellate Jurisdiction) Present: Syed Muhammad Dastagir Husain J Bhabani Prashad Shingha J The State...............................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January ......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. ......9; Gouranga Kumar Saha Vs. State, 2 BLC (AD) 126; Ilias Hossain Vs. State, 54 DLR (AD) 78; 12 MLR (AD) 101; 45 DLR 705. Lawyers Involved:  Zahirul Haque Zahir, Deputy Attorney General with Md. Jashimuddin, Assistant Attorney General- For the State. Shankor Kumar Sen, Advocate- For the..

Category: Criminal Law | Date: | Hits: 97

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....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. ...... High Court Division (Dhaka) (Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Ju......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. ......o 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)

....igh Court Division (Dhaka) (Civil Appellate Jurisdiction) Present: Mashuque Hossain Ahmed J Md. Abu Tariq J M/S Polish Ocean Lines and another……………..Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009......urt High Court Division (Dhaka) (Civil Appellate Jurisdiction) Present: Mashuque Hossain Ahmed J Md. Abu Tariq J M/S Polish Ocean Lines and another……………..Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July ......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. ...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 570

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ...... High Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Sheikh Rezowan Ali J Md. Ashraful Kamal J Kazi Shakhawat Hossain........................Petitioner Vs. The State........................................Opposite Party Judgment February 24, ......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..

Category: Criminal Law | Date: | Hits: 104

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....212 and another...........................................Respondents Judgment December 17, 2009. Result: The Rule is disposed of with directions. Cases Referred to- Agrani Bank Vs. Bangladesh Tyres, 43 DLR (AD) 164; National Batik of Pakistan Vs. The Punjab National Silk Mills Ltd...... 8 Scenic Road, Hong Kong International Airport, Hong Kong and having its local office at "Baliaree" (2nd floor), Plot No.30, Road No.130, Gulshan-1, P.S.-Gulshan, District-Dhaka........Petitioner Vs. Vantage International Limited, Suite-A3, House No.74/B, Road No.127, Gulshan-1, Dhaka-1212 an......opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ic Chem Oils Ltd, (1998) 93 Company Cases 386;Thai Airways International Vs. Air Route Services Ltd, 48 DLR (1996) 412; Eastern Bank Ltd Vs. Bengal Carpet Ltd., 17 BLD (1997) 22; Amin Scales Ltd. Vs. Md. Yakub, 1987 BLD (AD) 259; Electro Flame Ltd Vs. Mittal Iron Foundry Pvt. Ltd, (1998) 93 Companie..

Category: Company Law | Date: | Hits: 164

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....High Court Division (Dhaka) (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Penta Marine Services Limited....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: ......415. ......plaint in Admiralty suit where-from it appears that his Lordship the hon­ourable Chief Justice Mr. FKMA Munim and his companion justices of the Appellate Division Md. Ruhul Islam J, Badrul Haider J, Shahabuddin Ahmed J, and Chowdhury ATM Masud J, as their lordships were then, contributed the said j......y Jurisdiction in order to reject a plaint in Admiralty suit where-from it appears that his Lordship the hon­ourable Chief Justice Mr. FKMA Munim and his companion justices of the Appellate Division Md. Ruhul Islam J, Badrul Haider J, Shahabuddin Ahmed J, and Chowdhury ATM Masud J, as their lordshi..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649