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Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....re from Barisal for the petitioner firm has been fixed at 18’00 hours; that of Pakistan River Steamer Ltd. at 18.30 hours and of Messrs. High Speed Navigation Co. Ltd. at 17.00 hours. From a comparison of timings, Mr. Khandker Mahbubuddin Ahmed, the learned Advocate for the petitioner, wants to co...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......able. The contention of the learned Advocate for the petitioner is not supported by sufficient materials to show the number of passengers involved and the disadvantage to the operator for his alleged loss of business and the corresponding advantage and disadvantage of the travelling public. In the a..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....f the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful e......h ATM Afzal-For the Respondent. Writ Petition No. 81 of 1970. Judgment A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order of a Magistrate o...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....ocedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The defendants must take the consequence of their own laches. Moreover there is nothing s......ment and order dated 29 April 1997 dismissed the appeal observing, that since no evidence was adduced in support of the defendant-appellants case for not being able to be present when the suit was called on for hearing; the learned Subordinate Judge was perfectly justified in dismissing the Misc......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....ed. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 ......to be decided. The High Court Division should have considered the Miscellaneous Case filed by the appellant under section 491 Cr.P.C. on merit. Normally in a situation like this an order of remand is called for but the learned Advocate for the appellant has prayed that the matter may be disposed of ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....many countries. The controversies which came up in India after the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installat......cle 7 of the Constitution. He went on to say that the Judges are appointed by the people no doubt but they cannot rob the people of the right which exclusively belongs to them. If the Judges can be called as formal Judges, the people are informal judges who are more powerful than the formal ones.......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....stance of the added respondents in writ petition Nos. 58, 93 and 94 of 1989 arise out of judgment and order dated 10 June, 1997 passed by a Writ Bench of the High Court Division making the Rules absolute in the said writ petitions with certain ancillary orders and observations. 2. Writ-p......idence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the question of title and possession of the disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the other by a competent Civil Court upon...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
...., the defendant Nos. 1,2 and 3 fraudulently in connivance with each other to grab the valuable properties of plaintiff has adopted the illegal means of direct sale of plaintiff property and, as such, sold the plaintiffs properties by illegal means of direct sale of plaintiff property and, as such, s......nt and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall: (a) entertain any suit, applicatio...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....sp; May 25, 1999. The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or oth......tion now runs as follows “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number, of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: Provid......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..Category: Employment/Service Law | Date: | Hits: 69
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....the Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enqu......pose of the Government. If after gathering facts the President has a choice of action to be taken in respect of those on whom responsibilities have been fixed then the selection of choice cannot be called malafide as long as the reports remain confidential documents. By the impugned order dated 4......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....appropriate cases may consider additional evidence. Joining an illegal strike by the respondent has not been proved. All the courts below in a row agreed with contention of the respondent, that being so, the Honorable Court did not find any ground to interfere………………………….(6) L...... of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was illegal and for reinstatement in service on payment of arrears dues. The Bank Employees Federation called strike throughout the country on 9-9-81. The respondent did not take part in that strike, rat......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....egal as they have statutory right to remain in service until completion of 57 years of their age and not to be removed from service until they have completed 25 years of service. The petitioners also asserted that the respondents coerced them for accepting the special scheme for going to volunta......ssession it can only pass possession to the defendant, namely, the use of the land not beyond. This decision has no application as no provision of Public Servant’s (Retirement) Act, 1974 was called in question and the special arrangement being not a law cannot be said to be illegal and unc......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..Category: Employment/Service Law | Date: | Hits: 85
....sposed of by a common judgment as they arise from Civil Revision Nos. 1619 and 1620 of 1995 disposed of by a common judgment on 5-5-97 by a Division Bench of the High Court Division making the Rule absolute, setting aside Order Nos. 46 and 47 dated 11-3-95 and 16-3-95 passed respectively by the Subo......decree against the present petitioner. Hence, the learned Judges of the High Court Division correctly held that the order of stay granted till disposal of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This ......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
..
Category: Property Law | Date: | Hits: 85
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....989 with Criminal Appeal No. 67 of 1989, Jail Appeal No. 53 of 1989 and Criminal Revision No. 174 of 1989). Judgment Mustafa Kamal J.- 41 accused persons, including accused-respondent Nos. 1-6, were tried under sections 148/302/149 of the Penal Co......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... accused-respondent No. 3 Tenu. Then the High Court Division held that this was a very remote cause or motive “to be attributed as a cause for such a serious violence which resulted (in) the loss of five lives and injury to many”. According to the understanding of the High Court Divi..Category: Criminal Law | Date: | Hits: 80
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ney Suit No.5 of 1994 against the appellant BSRS in the Court of Subordinate Judge, First Court, Moulvibazar for a decree of Taka 1,00,00,000.00 (one crore) as damages and loss sustained by him by reason of alleged corrupt practices adopted by the officers of BSRS in sanctioning and installing the A......nt and administration of an industrial concern under Clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall— (a) entertain any suit, applica......The respondent instituted Money Suit No.5 of 1994 against the appellant BSRS in the Court of Subordinate Judge, First Court, Moulvibazar for a decree of Taka 1,00,00,000.00 (one crore) as damages and loss sustained by him by reason of alleged corrupt practices adopted by the officers of BSRS in sanc..Category: Business or Commercial Law | Date: | Hits: 124
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
.... 6-1/2 crore for its release. The plaintiff-petitioner accepted the reduced amount of security. The ship owner’s agent filed an application for release of the ship on a reduced Bank Guarantee and also filed a written objection against the petition for arrest. The case of the defendant is that no c......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ...... to determine what could be the actual damage. 7. While the plaintiff-petitioner contends the entire cargo valued at more than Taka ten crore was damaged the defendants’ surveyor opined that the loss was in the region of around Taka seven lakh. 8. In view of the apparent contradiction in the..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....art of Parliament. What looks indecent to others may, in fact, be constitutionally permissible ……..(8) Lawyers Involved: Dr. Ahmed Husain, Senior Advocate, in person, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented ......eges as may be determined by Act of Parliament or, until so determined, by order made by the President.” 4. The petitioner submits that President’s Order No.28 of 1973 is called the Members of Parliament (Remuneration and Allowances) Order, 1973. It does not contain any......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... and split the cargo hold No. 2 resulting in the sinking of MV Al Falah- 1 with full load of wheat near Balakir Char in Gazaria Upazila. The plaintiff’s case was that the accident took place solely due to the negligence on the part of the appellant’s employees, namely, defendant No.3......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. .......00 were also proved. He accepted these claims, but found that the plaintiffs have not been able to prove their claim in respect of items Nos. 4, 5 and 6 in the plaint, namely, average net revenue loss, salary and food charge of the staff of the vessel and salary of the staff for ten days and th..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....without laying down the principles and guidelines for promotion from the grade of Joint Secretary to that of Additional Secretary and above the Government-petitioner has been arbitrarily promoting some Officers of erstwhile EPCS and CS by pick and choose ignoring the rightful claims of the writ ......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......ur persons have been promoted whose names are not in the gradation list at all. Another meeting of the Superior Selection Board will be held on 2-3-98. The writ petitioners will suffer irreparable loss and injury if the aforesaid promotions are not stayed. It was prayed that the order of promoti..Category: Employment/Service Law | Date: | Hits: 67
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....ther consequential reliefs was decreed by the 3rd Court of Munsif, Narail by judgment and decree dated 4-1-65. One appeal, Title Appeal No. 27 of 1965, the Additional Court of Subordinate Judge, Jessore by judgment and decree dated 24-3-66 reversed those of the trial Court and dismissed the suit......sion also found that the lower appellate Court did not controvert the adverse presumption taken by the trial Court with regard to the case of defendant No. 1 on the ground that though the plaintiff called for the counterfoils of the rent-receipts and books relating to touzi talab baki, etc. file......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
.... (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into the shoes of their predecessors-in-interests, who had been duly served notices under section 5(1a) and 5(3) so the petitioners......of requisition was made. On 21 October 1964, steps under Sections 5(1a) and 5(3) of the Act were once again taken. On 9 November 1964, Shah Sufi Emaduddin Ahmed Chisty who was also a claimant was called upon to produce documents in support of his claim. 3. In the meantime Shah Sufi Ema......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
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