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Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....e vessel for supply of bunkers, the plaintiff supplied bunkers to the vessel on 11 August, 1986 and on 10th September, 1986, at Port Said and at Hong Kong respectively, against the invoice No.1508/96 dated 11‑8‑1996 for US$ 38,254.50 and the invoice No.1769/96 dated 10‑9‑1996 for an amount o......alf of the ship owners are responsible for the claimed amount towards the supply of the bunkers at Port Said as well as at the port at Hong Kong. In support of her claim, Ms. Tania Amir refers to the decision in ”The Silia" (1981) 2 Lloyd's Law Reports 535. In this case, Pumice Aggregatu Ltd. (Pum..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....it Petition No.1022 of 1991. Judgment Md. Fazlul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order (Annexure-A) under Memo No.452(3)/JM dated 10-4-1988 passed by the Respondent No.1 shall not be declared to have been passed without any ......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....ion No. 6079 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner, Bhawal Raj Estate Court of Wards, obtained Rule upon the respondents to show cause as to why the deed of release being 3092 dated 2-4-84 executed by respondent No.1 in favour of one Abdul Khaleque Munshi and others should no......egarding the land belonging to the Bhawal Raj Estate many cases in Civil Court were filed and Abdul Khaleque and others also filed case in the civil Court and ultimately it was settled at rest by the decision of the Appellate Division against this petitioner and others. Thereafter, the petitioner to..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....he learned District Judge while disposing some other applications including these 2rtitions filed by the present petitioners being opposite party Nos.13, 14, 16, 17 and 18 rejected those by his order dated 25-3-95. 6. As against that the petitioners being the next of kin moved this court and obta......rder is very much revisable by this court on revision. In support of his contention he referred the case of George Vs. Mrs. Lucy Kochuvareed, Cr reported in AIR 1963 Kerala 188. But fails to cite any decision on the point. 10. Heard the learned Advocates. It appears that in this case the opposite..Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....on the ground that there was a long standing enmity between the parties, that the accused persons also filed a case against the informant and the witnesses of this case over on occurrence of the same date. The learned public prosecutor Barisal preferred the above appeal against the judgment and orde......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....r issuance of warrant of arrest against the defendant No.3 to ensure her presence in court according to the direction of the appellate Court. But the trial Court rejected the application. On the same date, another application was filed by the plaintiff to review that order and prayed to issue warran......erefore held that a civil Court can issue warrant of arrest to ensure appearance of any witness or party in a litigation, before it, if the court thinks his presence necessary for final and effective decision in a dispute. 12. The present revision, of course, is not resisted or opposed by the def..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
.... 1997. Judgment Abu Sayeed Ahammed J. - This Rule has been issued at the instance of the defendant-petitioners Md. Nurul Islam and his three fill brothers, against the judgment and decree dated 27-4-97 passed by the Subordinate Judge, 2nd Court, Naogaon in Title Appeal no. 155 of 1993 al......d no intention at all, to make the gift as to the entire suit land. Appellate Court, thus, decreed the entire suit cancelling all the aforesaid three deeds. 10. In this premises, I am to make a decision whether the judgment d the appellate Court is correct and legal or whether it has invited a..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
.... Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The Subordinate Judge, Maherpur allowed Title Appeal 154 of 1989 preferred by the de......he suit property to the plaintiff, at least, prima facie and the plaintiffs have got exclusive possession. Decisions in this subcontinent as to granting of permanent injunction is very much divergent decision in the case of Manindra Nath Sen Serma Vs. Bangladesh, reported in 1984 BLD (AD) 285. In th..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
.... Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment Md. Iftekhar Rasool J.- This Rule is directed against the judgment and decree dated 3-6-1996 and 10-6-1996 respectively passed by the District Judge, Netrakona in Family Other Ap......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....gment Mohammad Ismailuddin Sarker J.- These two appeals, one by the Bangladesh Shilpa Rin Sangstha and the other by the Uttara Jute Fibres and Industries Ltd. are from the same judgment and order dated the 28th August, 1991 passed by the learned Company Judge of this Division in Mattter No.9 of ......nefit of both the co‑mortgagors. It was held therein that the mere fact that the co‑mortgagor purchased the property the trustee of the other co‑mortgagor had no right to impeach the sale. This decision of the Chancery Division was affirmed by the House of Lords in the case reported in 1987 AC..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ding the said land of the petitioners were de‑requisitioned but possession of the same was not delivered to the petitioners or their predecessors‑in‑interest. Thereafter by Gazette Notification dated 4.10.1951 said requisitioned land was acquired under section 5(7) of the East Bengal (Emergenc......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... "body of the deceased and prepared the inquest report. He said that Safluddin Ahmed sent the dead body to the morgue through constable No.968 Swapon Nandi for post‑mortem examination with chalan dated 26.7.82. He said that Safluddin Ahmed also visited in the PO, prepared the sketch map with ind......dvocate for the appellants also submits that the charge is defective, in as much as section 460 is added with the charge under sections 302/34 BPC. In support of his contention he put reliance on the decision made in the case of KUM Mia and others Vs. The State, reported in 43 DLR at page 573 where ..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......which reads as under: "The High Court upon the hearing of any such case shall decide the questions of law raised thereby and shall deliver its judgment thereon containing the grounds on which such decision is founded and shall send a copy of such judgment under the seal of the Court and the signa..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
.... then appellant No.7 struck on his head thrice with a spear. Thereafter villagers came and the accused fled away. 7. All the injured persons were admitted in the hospital. Nirendra died on that date in the hospital at about noon. Amiruddin was sent to the hospital at Rangpur where he died on 1......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....the Opposite parties. Appeal from Original Decree No. 42 of 1982. Judgment Mohammad Ismailuddin Sarker J.- This appeal by the plaintiff‑appellant is against the judgment and order dated 19.12.81 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Title Suit No.423 of 19...... the validity of the arbitration agreement or the award, which is to the following effect: "Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement or award, nor shall any ..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
.... No.724 of 1987. Judgment AKM Sadeque J.- At the instance of Shahadat Hossain, the petitioner, Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, D......respondents having refrained from doing so have acted against the principles of natural justice. 12. Mr. Altaf Hossain Khan, the learned Advocate appearing for the petitioner, has cited several decisions in course of his submissions which will be referred to at appropriate places. 13. Mr..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.... Kaoraid under PS Sreepur which the applicant Abdul Baten purchased on 13.6.70 for a consideration of Tk. 2000.00. Abdul Baten sold the homestead to the petitioner Rahima Begum by a registered Kabala dated 5.4.74 for a consideration of Taka 10,000'00. On 10.7.76 he filed an application under section......he petitioner, has raised a number of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention is that the transfer was not made duri..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....office as Chairman of the said union parishad is illegal and unauthorised. In support of his contention Mr. Fazlul Karim has referred to Annexure C to the writ petition. Annexure C is a complaint dated 13.1.88, before the appellate authority, by one Md. Abdul Khaleque raising objection that th...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543...Category: Election Law | Date: | Hits: 216
....tafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be issued upon them to comply with the order dated 3.11.85 passed by the Administrative Tribunal, Dhaka in Case No.36 of 1985.
2. The petiti......een dissented from by reiterating the old contentions made earlier before the Administrative Tribunal. It is on record, however, that the respondent Nos.1 and 2 did not prefer any appeal from the decision of the Administrative Tribunal before the Administrative Appellate Tribunal constituted u..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....g of the company was due within 15 months from the last Annual General Meeting held by the company, under Court's order and since the audit report of the accounts for the year 1985 is approved, the date for holding the Annual General Meeting for the year 1985 should be fixed to be held on 28th Feb......ng of the Board of Directors of the company was held on 31.1.88 but not attended by the petitioner under protest. A decision was taken in that meeting to the effect that as per Hon'ble High Court's decision Annual General Meeting of the company was due within 15 months from the last Annual General..Category: Business or Commercial Law | Date: | Hits: 352
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