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Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....ppeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tribunal No.2, Gazipur, in Acid Aparadh ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....il Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 passed by the Munsif, First Court, Tangail in Other Class Suit No.117 of 1985 or ......ples has arbitrarily passed the impugned order of rejection and, as such, the same cannot be sustained in law. In support of his contentions the learned Advocate for the petitioner has relied on some decisions, one reported in 41 DLR 389in the case of MA Jahangir and another Vs. Abdul Makk and other..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
.... First Miscellaneous Appeal No.4 of 1983 (Jessore). Judgment Md. Ansar Ali J.- This Miscellaneous Appeal at the instance of the defendant‑appellant is directed against the Judgment and order dated 23‑3‑83 passed by the learned Subordinate Judge, Narail in Title Appeal No.230 of 1980 rev......d Advocate appeared for the defendant appellant with Gazi Siddique Ahmed. But no one appeared for the respondent. 5. Mr. Wahab, the learned Advocate for the appellant, has seriously challenged the decision and the impugned order of remand of Court of appeal below. His contention is, that there wa..Category: Property Law | Date: | Hits: 113
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....the Arbitration Act, 2001. 3. The application for vacating the aforesaid order of direction has been filed by respondent No.6 stating, inter alia, that resÂpondent No.6 entered in to an agreement dated 11-6-2008 with respondent No.2 for purchase of the goods described in the schedule of the subs......mpensation are an adequate remedy, injunction cannot be granted and, therefore, the order of injunction, passed by this Court on 28-10-2009, requires to be vacated. 11. Mr. Huq has referred to the decision of Unicol Bangladesh Vs. Maxwell Engineering Works Limited, reported in 56 DLR (AD) 166 in ..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... Thereafter a pre-shipment inspection was held which certified the quantity condition and loading of the cargo on board the defendant vessel 'MV Vladivostok Senator' V-747. A Bill of Lading No.1A1657 dated 14-11-1997 was issued in favour of the plaintiff at the port of loading Baltimore USA for the ...... 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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
...., Advocate - For the opposite party. Civil Revision No.1674 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 22.01.2006 passed by the learned Additional District Judge, Second Court, Narayanganj, dismiss......not erupt." 14. He lastly submits that the Courts below without considering the material eviÂdences most illegally decreed the suit thereby committed any error of law resulting in an error in the decision occasioning failure of jusÂtice. 15. Mr. Mohammad Nazrul Islam, the learned Advocate, a..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
.... Section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proÂceedings of the G.R Case No.60 of 2010 arising out of Paltan Police Station Case No.60 dated 28.01.2010 under Sections 420/406/506 of the Penal Code, now pending in the Metropolitan Magis...... Code and, as such, continuaÂtion of the instant criminal proceeding is nothing but an abuse of the process of the court which is liable to be quashed. 9. Mr. Subrata Chowdhury, by relying on the decision reported in 28 DLR (AD) 38 finally submits that by now it has been well settled that if the..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....ce of the defendant petitioners was issued calling upon the opposite parties to show cause as to why the Title Appeal No. 26 of 1986 shall not be dismissed after setting aside the judgment and decree dated 01.04.1997 passed by the learned Subordinate Judge, 1st Court, Gazipur in Title Appeal No.26 o......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. ..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....plication, under Article 102(2)(ii) of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari C......ate the decree which has been passed in the year 1999. Moreover, the executing court has no authority to go beyond the decree. The learned Advocate in support of his contention has referred series of decision including the decision of our Apex Court given in a case of Humayun Hossain Khan Vs. Govern..Category: Civil Law | Date: | Hits: 186
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....trate who ordered for remanding her to custody. The petitioner was shown arrested in connection with this case on 9‑11‑96 and was again taken on remand in connection with the present case on that date. The petitioner was then produced before the learned Chief Metropolitan Magistrate, on 12‑11â...... the side of the prosecution in support of his submission and also for our perusal. 5. Controverting the submissions made by the learned Attorney‑General Mr. Mahbubur Rahman placed before us the decision reported in 27 DLR (AD) 29 (Lutfun Nahar Begum Vs. State) wherein the word "offence" a..Category: Criminal Law | Date: | Hits: 82
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....vil Revision No.33 of 1988 (Ctg). Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the plaintiff‑opposite party No.1 to show cause as to why the impugned order being order No.67 dated 26‑11‑87 passed by the Subordinate Judge in‑Charge, 1st Court, Chittagong in Other Suit ......arned Advocate appearing for the petitioner, submitted that the learned Subordinate Judge has committed a serious illegality in disallowing the application for addition of party. He has relied upon a decision in the case of Subhra Nandi Majumder Vs. Official Liquidator, Mahaluxmi Bank Ltd. and other..Category: Civil Law | Date: | Hits: 117
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....das Ali— For the Respondents. Second Appeal No.457 of 1964. Judgment Abdul Matin Khan Chowdhury J.- This appeal at the instance of the plaintiff is directed against the judgment and decree dated 4th December, 1962 passed by the learned Additional District Judge, Khulna in Title Appeal 208......pondents. He submits that the lower appelÂlate Court was perfectly justified in holding that the transfer in question was for the purpose of legal necessity. He further submits that in coming to his decision he has referred to the evidence on record and reversed the finding of the learned Munsif re..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
.... out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assist......iff was a temporary staff paid from the work-charge establishment his services cannot be dispensed with following the prinÂciples of master and servant. The learned Subordinate Judge relied upon the decision in the case of Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury 29 DLR..Category: Employment/Service Law | Date: | Hits: 120
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
.... of the death sentence imposed upon the conÂdemned-accused Golam Sarwar Hossain Moilah under section 11 (ka) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 vide his judgment and order of convicÂtion dated 29.09.2005 passed in Druta Bichar Tribunal Case No.09 of 2005 corÂresponding to G.R. Case No.......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. ..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....y Nos.3-7. Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 28.6.2010 passed by the learned Additional District Judge, 3rd Court, Chittagong in Miscellane...... his favour for getting order of injunction or status quo and the balance of convenience and inconvenience does not support him. The Courts below have committed error of law resulting an error in the decision occaÂsioning failure of justice in not considering the balance of convenience and inconven..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
.... Not represented-For the respondents. First Appeal No.59 of 1990. Judgment Mashuque Hossain Ahmed J. - This first appeal is preferred by the defendants against the judgment and decree dated 4.11.1989 passed by the learned Subordinate Judge, 2nd Commercial Court, Chittagong in Money S......e, the suit was liable to be dismissed as against these defendants. 5. Upon consideration of the evidence on record and hearing both the sides of the counsels and with reference to the statute and decision, the learned trial Court allowed the suit by the aforesaid impugned judgment and decree. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....plication by the convict petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the Deputy Commissioner, Kushtia to show cause as to why the judgment and order dated 25-06-2007 passed by Special Tribunal No.5, Kushtia convicting the petiÂtioner under section ...... of phensidyl when maximum punishment for the offence is 7 years imprisonment is undoubtedly excessive. 18. Learned Assistant Attorney General in his submission has also brought to our notice of a decision in the case of Jahangir Alam Vs. State, reported in 56 DLR (AD) at page 200 and 17 and anot..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....ers and cargo between Dhaka and Hong Kong, the petitioner, being in control of both the Airlines, decided to appoint a single GSA in Bangladesh to handle the operation of both the Airlines. By letter dated 16.10.2006, the petitioner invited Request for Proposal (RFP) from prospecÂtive Travel Agents......ted RFP along with three other companies. After a thorough analysis of all the proposals, the petitioner decided not to continue with respondent No.1 company and accordÂingly, informed them of their decision by letter dated 15.11.2006 indicating therein that the new GSA would commence work from 01...Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....rther taken his 2nd bunch of gourd and argues that the instant suit is hopelessly barred by the law of limitation since the plaintiff failed to institute the suit within 2(two) years from the alleged date of cause of action and contends that for these two reason as the suit is barred by law, the sam......ted in 35 DLR (AD) 188 decided that the plaint in Admiralty suit can not be rejected under the Provisions of Order 7 Rule 11 of the Code of Civil Procedure, 1908 and submits that the porÂtion of the decision which the learned senÂior Advocate Mr. Rokanuddin Mahmood relied upon is the minority view..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
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......aring the plaintiff and defendant No.2 and on examining the documents submitted by the parties, the Value and Audit Commissioner by a letter dated 21.7.2002 sent back the matter with his findings and decision recommending for taking action against the defendant Nos.1 and 2 for their negligent activi..Category: Fiscal/Taxation Law | Date: | Hits: 156
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