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Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ......mme­diate remedy in accordance with the title which the Court has been asked for declaration. In the case of Dudu Mia Vs. Ekram Mia Chowdhury, it has been held that in a case where plaintiff is a party to a doc­ument or decree that has clouded his title to the property in suit, he has title ..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......ease user of the vessel M. V. BF GLORY under a lease agreement dated 27-5-2008 and under article 27 of the said lease agreement, the defendant No. 2 is prohibited from transfer any right to the third party and therefore the suit is liable to be dismissed against the defendant No. 1 and 3. 9. Up..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......pears that the L/C opener, the Rupali bank Limited, the defendant No.8, was the consignee of the cargo under the Bill of Lading, i.e. the forwarding note herein, and remain as such till the notifying party, the plaintiff, retired the shipping documents from the L/C opening bank. Therefore, it was in..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....e sheet and charge), but the case was tried on one charge and in one proceeding, which was a clear violation of section 222 (2) of the Code of Criminal Procedure, and vitiated the trial itself due to defect of the charge [reliance placed on 58 DLR 500, 10 DLR (SC) 29 and 48 DLR (AD) 294]. 25. In ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......e basis of the deeds in question. The plaintiffs initially filed an application to the Deputy Commissioner, Gaibandha for eviction of the defendants. In that event, defendant Nos.1-5 (herein opposite party Nos. 8-12) brought Title Suit No. 98 of 1994, which was dismissed for default on 16.5.19956. T..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......duzzaman J Md. Ashraful Kamal J Md. Aynal Haque ……………………………………………Petitioner Vs. The State ……………………………………………….Opposite party Judgment March 30, 2011. Lawyers Involved: S.M. Shahjahan Kabir, Advocate -For t..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......uit land on 18-7-1970 at a consideration of Taka 3, 33,000 with the defendant Nos.1 and 2's vendor. The defendant Nos.1 and 2 subsequently purchased the agreement as well as all assets of the 2nd party of the agreement and instituted the Other Suit No.41 of 1974 for Specific Performance of Contr..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)

....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......tion. Finding no explanation as to this delay in execution and registration of this kabala-the exhihil-2 and as to the fact that the stamp papers of this kabala were purchased in the name of some 3rd party long before on two differ­ent dates from the side of the plaintiff the Appellate Court disbel..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 84

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil Revision No. 3904 of 2001. Judgment Md. Ruhul Quddus J. - This Rule at th..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59

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

.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Md. Nazim …………………………………Petitioner Vs. The State…………………………………Opposite party Judgment March 13, 2011. Lawyers Involved: Md. Belayet Hossain, Advocate-For the ..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ...... Civil Revision No.49 of 2000. Judgment SM Emdadul Hoque J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Sub..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......pellant (In Criminal Appeal No. 4860 of 2010) Rabi alias Sree Rabi Malo………Appellant (In Criminal Appeal No. 5688 of 2010) Vs. The State ………………………………….Opposite party. Judgment February 27, 2011. Lawyers Involved: Ashok Kumar Banik, Advocate-For the..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ......ween the parties to refer the Arbitration. It is pertinent to re-produce section 10 of the Arbitration Act which reads as under: "10. Arbitrability of the dispute.— (1) Where any party to an arbitration agree­ment or any person claiming under him commences any legal proceedi..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ed for the additional evidence must be felt by the Court itself after it has examined the evi­dence already on the record and come to the conclusion that there is apparent some inherent lacuna or defect which hinders the due adminis­tration of justice. If it comes to this conclusion, then it...... 17, 2011. Result: The petition is dismissed. When addi­tional evidence sought to be adduced. It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court its..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......cted with the subject matter in the present writ petition and no relief has been sought against him. Therefore, we do not consider the writ petition maintainable by impleading the Secretary as a party. 8. Since the writ petition itself is not maintainable, and the Rule has also become infr..

Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......tional treaties.”[1] One of the most common and traditional forms of child labor, the term child domestic labor alludes to “situations where children perform domestic tasks in the home of a third party or ‘employer’ under exploitative conditions (long working hours, with no or little wages, ..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ......llip;………………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse p..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......an Jahangir, Advocate-For the Petitioner Not represented- the respondents. Writ petition No. 6773 of 2010. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a third party mortgagor, was issued calling in question an auction notice under section 12 of the Artha Rin ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ...... and proper. 2. By the same Rule issuing order, all fur­ther proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin Chowdhury lodged a Petition of Complaint before the Chief Metropolit..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361