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Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

.... 14.Plaintiff was incorporated on 24‑6‑1984 July 7th, 1997 with the permission of the Bangladesh Bank on the basis of bilateral agreement between the Governments of Bangladesh and Saudi Arabia for the purpose of making investments etc. and so the pla......ct and why the respondents should not be directed to refrain from proceeding with the suit in the said case which Petitioner respondent No.2 is not permitted by law to do. 2. Respondent No.2 Saudi Bangladesh Industrial and Agricultural Investment Company Limited filed on 2‑7‑1994 Money Suit N......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Resu...... Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment ..

Category: Civil Law | Date: | Hits: 119

Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)

....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......nst the accused persons under section 25B of the Special Powers Act, 1974. They pleaded not guilty. Then the prosecution examined 4 witnesses. The case of the accused persons is that, the sarees were Bangladeshi sarees and they were Feriwala by profession. After considering the evidence on record th......s at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......LR (HCD) (1997) 528. ..

Category: Criminal Law | Date: | Hits: 79

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....duty amounting' to Taka 88,00,000 and odd together with the fine amount to Taka 50,000 totaling Taka 88,62,000 and odd was paid vide two Pay Orders dated 15-6-2008 and the same was deposited with the Government Treasury at Custom House, Chittagong. 4. It has also been stated in the application th......er Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The application is rejected. Cases Referred to- Unicol Bangladesh Vs. Maxwell Engineering Works Limited, 56 DLR (AD) 166; Canada Shipping Trading Vs. TT Ka......urt Division (Statutory Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Crown Maritime Co. (1) Ltd………………………Petitioner Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The ......(2011) 140. ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... 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. ......ent: Aquamarine Ltd., defendant No.(2) Aquamarine Ltd. 58, Agrabad C/A, Chittagong, defendant No.3 Regensea Lines Ltd. the local Agent of the Feeder Vessel 'MV Padma', defendant No.3A. Sea Consortium Bangladesh Ltd. and defendant No.4 Continental Exports Inc., has been heard at the presence of all......sp; ......in: 16 BLC (HCD) (2011) 132. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Dr. Md. Abul Kalam and another…………………………Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, Banglades......al Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Dr. Md. Abul Kalam and another…………………………Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, Bangladesh Secretariat, Ramna, Dhaka and others�......ed in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Dr. Md. Abul Kalam and another…………………………Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, Ba..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

..... Sirajul Islam.....................................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman...................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman and others Vs. Khagendra Barman and ot......formation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......se is also Reported in: 7 LG (HCD) (2010) 332. ..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......standing. Against SR 5, 98,700/= accused made a payment of SR 2, 00,000/= on 12.12.2000 and also paid SR 2,00,000 on 17.01.2001. Thus SR 1, 98,700/= was remained outstanding which was equivalent to Bangladeshi (Tk.15.50XSR 1,98,700) = Tk. 30,79,850/= only. Thereafter the accused paid further amoun......er Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and others, 17 ELD (AD) 44; Abdul Quader Chowdhury and other......te Abdul Aziz Bhuiyan Managing Partner, Binimoy International RL-351, Holding No.40/3, Inner Circular Road (VIP Road), Police Station Naya Paltan, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: Th..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....sion of the defendant No. 2. The alleged predecessors of the plaintiff had never been in ownership and possession of the disputed land; that the disputed land has been declared Enemy property and the Government granted lease of the disputed land along with other lands to the defendant No.2 in Enemy ......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. ...... This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... 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)

.....Petitioner Vs. Artha Rin Adalat No.3, Dhaka & others .......Respondents Judgment August 2, 2010. Result: Rule is made absolute. Case Referred to- Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, represented by the Secret......No.3, Dhaka & others .......Respondents Judgment August 2, 2010. Result: Rule is made absolute. Case Referred to- Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, ......s Case is also Reported in: 16 MLR (HCD) (2011) 213. ...... Bank, 67 Gulshan Avenue, Dhaka-1212, represented by its Senior Manager Grotip Special Assets Management and constituted attorney Ms. Nadia Mizan.........................................Petitioner Vs. Artha Rin Adalat No.3, Dhaka & others .......Respondents Judgment August 2, 2010. ..

Category: Civil Law | Date: | Hits: 186

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

....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's Republic of Bangladesh, 41 DLR (AD) 165; Smt., Indira Gandhi V. Rajnarain......he appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. 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 Brid......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'......Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)

.... jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the ...... is also Reported in:49 DLR (HCD) (1997) 560. ......Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settlement and others…………………………………………Respondents Judgment June 24, 1996. ......resent: Md. Mozammel Haque J Md. Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settlement and others…………………………………………Res..

Category: Property Law | Date: | Hits: 113

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......de of Criminal Procedure, only three witnesses named this petitioner and they are Major Gen. Shafiullah, the then Chief of Staff of the Army, Major Gen. M Khalilur Rahman the then Director General of Bangladesh Rifles and Air Vice Marshal AK Khandker, the then Air Chief of that period. But what thes......vision Judgment here. Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State…………�...... Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 1997. Re..

Category: Criminal Law | Date: | Hits: 82

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

.... District Board was not a lower post than the post of Accountant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre. It is neither a Government service nor a local council service. In the absence of statutory provision, an employee o......................Petitioner Vs. Mukhlesur Rahman.......................................Respondent Judgment October 30, 1983. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bangladesh ......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bangladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H.......6 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

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

.................................Opposite Party Judgment July 7, 2011. Result: The Rule is discharged. Cases Referred to- Abdur Rahim Vs. State 48 DLR (AD) 167; Tareque Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rah.....................Opposite Party Judgment July 7, 2011. Result: The Rule is discharged. Cases Referred to- Abdur Rahim Vs. State 48 DLR (AD) 167; Tareque Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahman Vs. The St......d Farid uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23.01.2003 received Taka 8, 70,000/-from Juried Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signature and giving seal of the bank therein. On 17.11.2003, when ......igh Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Sheikh Md. Zakir Hossain J Md. Koisaruzzaman............................Petitioner Vs. The State..........................................Opposite Party Judgment July 7, 201..

Category: Criminal Law | Date: | Hits: 85

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

....ে ডিক্রী দানে মর্জি হয়”। contending, inter alia, that the suit property comprises an area of 452.54 acres and that belonged to the khas land of Government. The said land was being used as a tea garden as there was a tea garden upon the suit lan......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...... High Court Division (Dhaka) (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 Ju..

Category: Civil Law | Date: | Hits: 115

M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)

....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......igh Court Division (Dhaka) (Civil Appellate Jurisdiction) Present: Mashuque Hossain Ahmed J Md. Abu Tariq J M/S Polish Ocean Lines and another……………..Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009......d in: 16 MLR (HCD) (2011) 369. ......urt High Court Division (Dhaka) (Civil Appellate Jurisdiction) Present: Mashuque Hossain Ahmed J Md. Abu Tariq J M/S Polish Ocean Lines and another……………..Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 570

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. ......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...... High Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Sheikh Rezowan Ali J Md. Ashraful Kamal J Kazi Shakhawat Hossain........................Petitioner Vs. The State........................................Opposite Party Judgment February 24, ..

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. ......212 and another...........................................Respondents Judgment December 17, 2009. Result: The Rule is disposed of with directions. Cases Referred to- Agrani Bank Vs. Bangladesh Tyres, 43 DLR (AD) 164; National Batik of Pakistan Vs. The Punjab National Silk Mills Ltd......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...... 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.-Gulshan, District-Dhaka........Petitioner Vs. Vantage International Limited, Suite-A3, House No.74/B, Road No.127, Gulshan-1, Dhaka-1212 an..

Category: Company Law | Date: | Hits: 164

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

....argument on the ground that temporary user of the Barges as cause way did not change its status as Barges since the plaintiff Barges named Penta 2 and Penta 3 are still holding the up-to-date renewed Government registration certificate as Barge and also on the ground that it has been decided in the ......High Court Division (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: ......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 ......415. ..

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

Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

....it, case or any application shall lie to any civil Court for the purpose of determination of legality or propriety or legal decision of an officer of Customs or the Authority under the Board of the Government and in this case it is apparent from the plaint that the present defendant-petitioners ......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......l of this Rule is that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th Court, Dhaka impleading the defendant-petitioner and others for recovery of damages and compensation on the averments that the plaintiff as an impo......High Court Division (Dhaka) (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J Intertek Testing Service International Ltd.......Defendant-petitioner Vs. Md. Monowar Hossain..................................Plaintiff-opposite party Judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

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