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S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......s. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'......dge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamdar and is not the owner thereof. 3. The case of...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul......d Court, Sadar, Chittagong in Other Suit No.229 of 2009 granting an order of status quo should not be set aside and or such other or fur­ther order or orders passed as to this Court may seem fit and proper. 2. This Court at the time of issuance of the Rule directed the parties to maintain status......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..

Category: Civil Law | Date: | Hits: 115

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to-  Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit......Kushtia Police Station Case No.37 dated 23-07-2003 corresponding to G. R. No.1692 of 2004 should not be quashed and or such other or further order or orders passed as to this court might seem fit and proper. 2. Facts relevant for the purpose of dis­posal of the instant rule in short are that, FI......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..

Category: Criminal Law | Date: | Hits: 104

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......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......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......opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..

Category: Company Law | Date: | Hits: 164

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....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. ......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 ......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......r to use the same as a cause away for the purpose of transportation of heavy machineries" were vessel and remained as such in on order to bring the dispute regarding it before the Admiralty Court for adjudication. 16. The Chamber dictionary meaning of Barge is a "flat bottomed freight boat, with ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)

....ys" the words "three hundred and sixty day" were substituted. 3. Ordinance No. XXIV of 1982 and the amending Ordinance No. LX of 1982 did not provide what would happen if any trial Court could not complete the trial of a case within a period of 180 days or 360 days. In our opinion the provisions ......the Penal Code now pending before the Chief Metropolitan Magistrate, Dhaka. Annexure 'B' to the petition is the certi­fied copy of the F.I.R. which shows that the occurrence took place on 25.5.82 and the F.I.R. was lodged on the same date. Enclosure 'C' to the petition is the certified copy of t......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ..

Category: Procedural Law | Date: | Hits: 123

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ...... 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......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......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ..

Category: Company Law | Date: | Hits: 145

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......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......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...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..

Category: Others | Date: | Hits: 154

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ...... 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. ......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......onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....e Station were handed over to the office of respondent No.4 by virtue of memo dated 13 August, 1976 for developing coastal green belt. Since the lands were newly emerged lands and no diary survey was completed, the lands were identified through longitude and latitude. Relying on the above memos, the...... 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. ......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 Bangla­desh Ship Breakers Association whose ......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......LC (HCD) (2011) 118. ......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......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 70

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....at person treating charge-sheet as cancelled". 12. In the case of Wazir Vs. The State PLD 1962 W.P 405; 14 DLB (Lahore) 21 a Full Bench of the Lahore High Court observed:— ''In the case of incomplete challan, although the Magistrate could start the trial, if he keeps it waiting until anothe......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 ......investigation has not been perfect. I find substance in the submission. Hence, the re-in­vestigation of the case may please be taken up by Assistant Police Commissio­ner (Kotwali) himself to ensure proper justice". 4. Against the said order of ire-investigation the informant Mohammad Hossain pr......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..

Category: Criminal Law | Date: | Hits: 93

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ...... 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. ......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......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....’ is final asper rule 30(5). However the finalization process including the matter of raising objection to the draft voter list, and raising a dispute to the ‘নিবন্ধক’ are to be completed before the nomination day as specified in the নির্বাচন তফসীল। ......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......, 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 ......itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..

Category: Others | Date: | Hits: 140

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....as recourse to relief against the Defendant Nos. 1 and 2; and c. the Defendant Nos. 1 and 2 are nec­essary and proper parities to the suit and as such their presence is required for effectual and complete adjudication of the real controversy involved in the suit. 4. In enunciating the law in ......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…......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 nec­essary and proper parities to the suit and as such their presence is required for effectual and complete adjudi......se to relief against the Defendant Nos. 1 and 2; and c. the Defendant Nos. 1 and 2 are nec­essary and proper parities to the suit and as such their presence is required for effectual and complete adjudication of the real controversy involved in the suit. 4. In enunciating the law in this rega..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....ce of Williamsburg University. The certificates awarded have got no validity. It is further stated that the Ministry of Education in their report has confirmed that Chancery Academy of English Law is completely a fake Organization. 12. Mr. Manzil Murshid, the learned Advocate for the Petitioner ......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......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......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 146

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......2010) 35. ......rt, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for decla­ration 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 ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ..

Category: Property Law | Date: | Hits: 134

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

.... deed. It has further been stated that, plaintiff on several times requested the vendor/defendant No.1 to take initiative for obtain­ing sale permission from RAJUK, redeemed the mortgage and also to complete the sale deed. It has further been stated that defen­dant No.1 did not take initiative to ......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......he Code of Civil Procedure. 2. The plaintiff-appellant filed the afore­said 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......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......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......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......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..

Category: Criminal Law | Date: | Hits: 115

Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)

....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. ......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......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......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