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Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....eds of tickets by the agent, i.e. the respondent company. The Court held that the company was a defaulter and was unable to pay its debt and allowed the application on the ground that "it is just and proper that the respondent company be wound up". 27. Similarly, in Eastern Bank Ltd Vs. Bengal Ca......ry Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Cathay Pacific Airways Limited, 5/F, South Tower, Cathay Pacific City, 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.-Guls......e and distinct matter from an application filed under section 241 (v) of the Act, which relates to a winding up proceeding. In other words, while the former relates to the issue of severÂance of the legal and contractual relationship between the parties, the latter relates to a disÂpute regarding ..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....is is plain upon looking at the meanings given in Johnson's Dictionary; and it is to be observed that one of the meanings of 'boat' is therein stated to be 'a ship of a small size''. I think that the proper meaning is 'something hollowed out'. 19. The decision is 'THE MAC' was also followed in t......on (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: The application ......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)
.... Rule. 6. Mr. Abdul Khaleque, the learned Advocate appearing for the defendant-petitioner submits that the learned Joint District Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on ......l of this Rule is 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 compensaÂtion on the averments that the plaintiff as an impo......and the Bank by letÂter dated 16.3.2002 informed the plaintiff that in the original documents there was no copy of the clean report findings; that the defendant Nos.1 and 2 intentionally without any legal basis have shown the C.R.F value to the extent of GBP 89,430.45 and the plaintiff after collec..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....32 of Wakf Ordinance No.1 of 1962 for removing her from the mutwalliship of Saleha Khatun Wakf estate, enrolled under E.G. Nos.151Q. and 1511-A on the allegation the said Nadira Rahman not only was improperly appointed as Mutwalli of the said Estate on 29.7.64 by the Wakf Administrator but that she ......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made abÂsolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder AgenÂcies, 16 DLR (SC) 155. Lawyers Involved: ...... Nadira Rahman having learnt the allegation against her filed a written objection before the Administrator of Wakfs denying all the allegations as manifestly false and concocted claiming that she was legally and properly appointed as Mutwalli of the said Estate by the Wakf Administrator on the writt..Category: Trust/Waqf Law | Date: | Hits: 124
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ey due for the tickets sold not less than once each fortnight i.e. on the 15th and the end of each month. All moneys collected by respondent No.1 for the tickets sold including any commission are the properties of the petitioner and it is retained by the respondent as such an agent of the petitioner...... Vs. Air Route Service Limited, 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 af......ferent 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 it then it is an abuse of legal process and by itself sufficient to displace the prima facie position that a creditor is entit..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....bmits that the order of suspension 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 plaint......High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Abu Ahammad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appea......a declaration against the defendant respondents that letter bearing Memo No.1617/13C dated 24.8.95 issued by defendant No.1 suspending the plaintiff for 3 (three) months with effect from 26.8.95 is illegal, unlawful, without any lawful authority and is of no legal effect and not binding upon the pla..Category: Others | Date: | Hits: 154
....n an order of acquittal is under review, we are of opinion that the reviewing authority cannot exercise the power of review in a casual, mechanical or capricious manner and instead he has to do it by proper application of judicial mind.
11. Though a Judgment and order passed by the Martial Law Co......
M A Aziz J
Abdur Rahman………………………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………..Respondents
Judgment
April 3, 1997.
......€‘2‑83 passed in favour of the petitioner by the Summary Martial Law Court No.2, Bogra into one of conviction should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this application stating that one Monsur A..
Category: Constitutional Law | Date: | Hits: 259
....he AC (Land), Sitakunda who have allegedly leased out the coastal forest land vide impugned lease deeds in favour of respondent Nos.15-19 for setting up of Ship breaking Yards without permission from proper authority. Respondent No.14 is the President of BanglaÂdesh Ship Breakers Association whose ......
Md. Imman Ali J
Md. Abu Tariq J
Bangladesh Environmental Lawyers Association(BELA)……………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others……………………..Respondents
Judgment
September 9, 2010.
......lease out lands of the coastal green belt of Sonaichhari Mouza under Sitakunda Police Station in favour of responÂdent Nos.15-19 for setting up of ship breaking yards therein shall not be declared illegal, against public interest and without lawful authority.
3. The petitioner, BELA is an associ..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....ut of Petition Case No.4182 of 1998 pending on the Court Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadu......LC (HCD) (2011) 118. ...... of the trust in question as defendant seeking (a) decree for a declaration of right, title and interest of the plaintiff to the extent of 2/3rd portion of the schedule property as the plaintiff is a legal heir of deceased Begum Atika Khanam, (b) for cancellation of the Tamizuddin Khan Trust Deed No..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....investigation has not been perfect. I find substance in the submission. Hence, the re-inÂvestigation of the case may please be taken up by Assistant Police CommissioÂner (Kotwali) himself to ensure proper justice". 4. Against the said order of ire-investigation the informant Mohammad Hossain pr......with M. K. Dastidar—For the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and ......r the petitioner submits that the orders of re-inÂvestigation passed on 29.09.1979 and 12.04.1980 by the Sub-Divisional Magistrate in C.R. Case No.1058 of 1979 after receipt of the charge-sheet is illegal and without jurisdicÂtion. He further submits that the report of the Assistant Commissioner o..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....ore 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 consideration the docu......amul Haque—For the Petitioner. Md. Hannan with Abul Quasem—For the Opposite parties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.0...... hearing of Civil Revision Case No.106 of 1983 he could have prayed before the District Judge himself for converting the revisional application into an appeal, but he chose to contest the matter on a legal ground. After having lost the legal battle it does not lie in his mouth now to pray for a conÂ..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....under Samsherabad along with structures standing thereon on the ground that on the date of mortgage as well as attachment the judgment-debtor-opposite party Nos.2-4 were not in possession of the said property, the possession of the said property was delivered to the petitioner on 10.10.1994 by the j...... Present: Sheikh Abdul Awal J M. Moazzam Hussain J Harunur Rashid Bhuiyan.......................Petitioner Vs. Pubali Bank Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. ......s of section 6(5) and other related sections of the Ain, 2003 together with the application under Order XXI Rule 58 of the Code of Civil Procedure and it appears to us that the Courts below under the legal obligation rightly treated the claim of the petitioner as 3rd party's claim. 15. In this co..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
...., the learned advocate, with reference to Annexure-A, A-1, B and B-1 filed in Writ Petition No.3152 of 2009, submits that the voter list containing the names of 261 voters was in fact approved by the proper authority and therefore the election was lawfully held. 13. Discussion and Findings: I ......ivision (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made abs......CA. 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 of the Appeal Officer was set aside by the learned Additional District Judge, ..Category: Others | Date: | Hits: 140
....with that of the principal debtor, i.e. Defendant Nos. 3 and 4;
b. the plaintiff has recourse to relief against the Defendant Nos. 1 and 2; and
c. the Defendant Nos. 1 and 2 are necÂessary and proper parities to the suit and as such their presence is required for effectual and complete adjudi......y Jurisdiction)
Present:
Syed Refaat Ahmed J
United Edible Oils Limited………………………………Plaintiff
Vs.
The London Steam Ship Owners Mutual Insurance Association Ltd. and others…………………………………Defendants
And
United Edible Oils Limited…â......, dons the hat of a surety or guarantor. Ms. Jahan has sought to impress upon this Court that at the very moment that a P. & I. club so seeks to act as a guarantor it automatically submits to the legal regimes, both statutory and common law, that govern the tripartite relationship between the gu..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
....lling the fraud purported by unauthorized educational institutions in the pretext of providing foreign law degrees and and/or pass such other or further order or orders as this Court may seem fit and proper.
This is a public interest litigation.
2. It is stated that the petitioner, a conscie......riginal Jurisdiction)
Present:
Tariq ul Hakim J
Md. Faruque J
Rehana Ali………………………..Petitioner.
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and others …………. Respondents
Judgment
May 24 and 25, 2012.
Result:
The Rule is......e added Respondent No.6.
Writ Petition No. 7407 of 2011
Judgment
Tariq ul Hakim J.- Rule Nisi has been issued calling upon the respondents to show cause as to why failure to take necessary legal action against the institution, which is allegedly resorting to fraud against the students in ..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....rt, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaÂration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments that the suit land originally belonged to Shoilendra Nath Chowdhury and ......2010) 35. ......od sense and should not be departed from without strong reasons. 11. In the instant case as we see non examination of plaintiff is sufficient to prove that plaint case is not true and suffers from legal infirmities. We find substance in this appeal. 12. In the result, this appeal is allowed wi..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....he Code of Civil Procedure. 2. The plaintiff-appellant filed the aforeÂsaid suit for Specific Performance of a Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in the schedule to the plaint. In the suit, defendant No.1 appeared and filed app......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap......lilur Rahman Madbar and others, 7 MLR (AD) 135; Sree Meenakshi Mills Ltd. Vs. Commissioner of Income-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 ..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....ast to submit some statement before the trial judge to prove his own innocence. Unless such an exercise is done on behalf of the prosecution it cannot be said that the accused person has been given a proper opportunity to form his opinion as to the requirement of making any defence case. 26. It a......onvict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gian......would secure the ends of justice. If the criminal proceedings in question is in respect of an offence alleged to have been commitÂted by an accused person and it maniÂfestly appears that there is a legal bar against the institution or continuance of the said proceedings the High Court would be jus..Category: Criminal Law | Date: | Hits: 115
Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)
....he learned Metropolitan Sessions Judge along with the Judgment of the learned Metropolitan Magistrate, Dhaka in view of the submission made by the learned Advocate, we think that it would be just and proper if the learned Metropolitan sessions Judge is directed to dispose of the application for bail......eme Court High Court Division (Criminal) Present: Md. Ali Asgar Khan J Moyeenul Islam Chowdhury J Shamsuzzaman……………………………Appellant-Petitioner Vs. State and others………………………………Opposite parties Judgment March 11, 2007. Res......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. ..Category: Criminal Law | Date: | Hits: 106
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....erred to the Artha Rin Adalat No.1, Dhaka and reÂnumbered 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 preliminary form on contest on 1.6.97. The decree holder bank did ......se is also Reported in: 15 BLT (HCD) (2007) 99. ......der Order 34 Rule 5 of the Code of Civil Procedure as 3 years time as proved under Article 181 of the Limitation Act. He contends that time expired long before even the decree holder bank had not any legal right to apply to the Court for making the preliminary decree final after the expiry of the pe..Category: Limitation Law | Date: | Hits: 162
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