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Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......tatement that the suit is not maintainable in this Admiralty Court; that the plaintiff has no locus standi to file this suit and the suit is bad for miss-joinder and non-joinder of parties and on the principle of estoppel, waiver and acquisance and also denied all the material allegations made in th......on on the basis of the market value of 360 MT of Soda Ash Light @ Tk. 12,005/- per MT and also compensation for late delivery for which a development surcharge was imposed upon the Cargo, totaling an amount for Tk. 1,27,61,175.00 against the defendant Nos.1-4 and also for a decree for pendenti lite ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:...... unless the citified copy of the order is issued to him he may not be capable to abide by the order. In the case in hand the defendants by the impugned order is directed to furnish the Bank Guarantee amounting to BD Taka 1.35 lacs in favour of the Registrar of this Court in order to release the arre..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....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. ...... a case showing that even during the pendency of an appeal if any legal right comes in favour of the appellant, in that case also the appellant will be entitled to have the benefit of such right. The principle laid down by the Indian Federal Court in above case, in our view, is applicable in the fac......the plaintiff is an existing tenant in the suit building the plaintiffs tender ought to have been accepted. When the plaintiff came to know that the highest bidder, the defendant No.3, has offered an amount of Taka 1 crore and odd, the plaintiff submitted an application offering to pay the said high..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ...... of 1989 before the Subordinate Judge and Artha Rin Adalat No.2 Dhaka for declaration that the claim of the respondent Bank as included in the certificate proceeding was not due to the Bank and total amount recoverable from the certificate debtor as on 30-6-1986 was Taka 11,14,920,90. The said suit ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....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: ......d. The learned Judge of the Appellate Court when such opining failed to take notice of the provision of Section 103 of the Evidence Act, 1872 which provided for the burden of prove. It is now settled principle that burden of prove is not a rigid aspect, rather if shifts from the shoulder of the plai......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
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......that rule 389 of the BSR Part I is not applicable to the petitioner as he is not an officer when the question of his re-employment surfaced. The respondents will be estopped from such claiming on the principle of Constructive Estoppel which barred a pension from denying to act again in the same mann......The petitioner is entitled to re-employment as a Primary Teacher under the provision of rule 389 of the BSR, Part I, till he attains the age of normal retirement, subject to return of invalid pension amount he received, if any, after obtaining the invalid retirement. 17. The Respondents are dire..Category: Employment/Service Law | Date: | Hits: 70
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s, or explain any cause of the death of his wife. It gives clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal law that if a wife is found dead in custody of her husband and he fails to exp......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......will be allocated by the commission since the petitioner-company has acquired a vested right in operating the television channel since it has complied with all requirements of law and invested huge amount of money by way of acting upon the NOC and by employing 3000 employees and having gone on tes..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....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....... this court does not reappraise evidence unless it is shown that the inference drawn from evidence are perverse and the benefit of doubt that has been given was not in accordance with the established principles of law. 16. By now it is settled that order of acquittal cannot be interfered with by ......, there is no dispute from either side. From the evidence of witnesses including P.W.13 Dr. Mojibur Rahman it appears that during the post-mortem examination on dissection after moving the scalp huge amount of clotted blood was found present under it. Blood clot was also found present on the meninge..Category: Criminal Law | Date: | Hits: 60
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....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....... section 186 of the Penal Code. In support of his views he refers to the case of State Vs. Fazar Ali reported in 9 DLR 77. 8. We have perused the case cited by Mahbubur Rahman. It is true that the principle laid down in that case shows that an act of obstruction means the physical obstruction or ......out mentioning the date and time of this call is not sufficient to proceed against the present petitioner. There is little scope of furnishing these particulars at the time of trial because that will amount to improvement of the prosecution case. It is unfortunate that the investigating-officer also..Category: Criminal Law | Date: | Hits: 58
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... 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: ......e pendency of the suit, the plaintiffs are entitled to restore the possession and order passed by the learned trial judge for restoration of the possession to the plaintiffs is squarely lawful on the principle that nobody is allowed to destroy the status quo on and after the institution of the suit....... 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
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......ng could be found in Standing Orders Act to read that after the prescribed period under section 25 the right secured under the Act also be extinguished. There being no such express, bar, the ordinary principle of the interpretation of Statutes will apply. The Rule is that limitation restricts rights......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......t before us and as such we are unable to record our reasons to that effect. Therefore, the two cases cited by the learned Advocate for the appellant are distinguishable. 11. This is a well settled principle of law that any material, upon which the defense can depend to prove their innocence, shou......Tejgaon police station on 4.2.2003 alleging inter alia, that she got married with appellant No.1 on 20.3.1998. A few days after solemnization of their marriage, her husband and in-laws demanded dowry amounting to Taka 10,00,000/- (ten lac) to be brought from her parents and used to torture her physi..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......appearing for the opposite parties submits that in view of article 42 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 the suit itself is not maintainable. This is the settled principle of law that the plaintiffs are to prove their own case by adducing evidence oral and docum......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 58
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......and order of the High Court Division and the papers on record. 6. It appears that an exporter of goods or service or foods as mentioned in section 13 of the VAT Act is entitled to draw back on the amount of VAT, supplementary duty, customs duty, excise duty and all other duties and/or taxes paid ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... findings the Rule was made absolute. 4. Mr. M.K. Rahman, the learned Additional Attorney General, appearing on behalf of the petitioners, submits that the present writ-petitioner is barred by the principle, of res judicata since the order of suspension and the initiation of the disciplinary pr...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ..Category: Employment/Service Law | Date: | Hits: 73
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
.... for fresh reschedulement was made the respondent No.4 continued to pay the installment regularly. As it was facing financial problem it applied to the Bank for extension without defaulting in paying installments or asking for waiver. The Bangladesh Bank accordingly, after considering all the facts,......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......solidated into one account of Islam Brothers Properties Ltd. The respondent No.5 also gave personal guarantee for repayment of the said outstanding dues and accordingly, the payment of the total loan amount was rescheduled in the Board meeting of the Bank, held on 16th April, 1997, with prior approv..Category: Business or Commercial Law | Date: | Hits: 208
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ...... recovery is found to be insufficient, only then the creditor can proceed against the third party mortgagors and the guarantors but in the instant case, the bank in violation of the above equitable principle contained in section 6(5), attempted to sell the mortgaged properties even before filing......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..Category: Property Law | Date: | Hits: 54
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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. ......and the defendant government having failed to prove that the suit land was enlisted as vested property, the High Court Division did not reverse those concurrent findings and therefore, in view of the principle of law, the judgment of the High Court Division is not sustainable in law. 7. We have h......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
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......the petitioner participated in the above mentioned tenders and being highest bidder his tender was accepted by the Roads and Highway Department. He was asked by the respondent No.3 to deposit the bid amount by different letters issued under different memos on different dates. Thereafter, the petitio..Category: Others | Date: | Hits: 165
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