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Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

....vessel, to the owner of such vessel. (3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the ......t was filed out of time by 165 days and as such a separate application has been filed for condonation of delay. After hearing the application for condonation of delay in filing the aforesaid suit, an order was passed by the Admiralty Court on 6.4.88 to the effect that subject to just objection that ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)

....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......Title Suit No.15 of 1984 in the Court of Assistant Judge, Nalchiti, District Jhalokati against defendant No.1 Malik Mohammad Amin Anowar (petitioner in the Rule) and others. The plaintiff obtained an order on contest of temporary injunction against defendants. Defendant No.1 took an appeal being Mis..

Category: Procedural Law | Date: | Hits: 73

Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)

.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......idence on record found the accused appellants guilty under sections 302/34 of the Penal Code and sentenced them to suffer rigorous imprisonment as aforesaid. 6. Being aggrieved by the judgment and order of conviction and sentence passed by the learned Sessions Judge, the accused appellants have p..

Category: Criminal Law | Date: | Hits: 86

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....empowering an executive authority exercising a power giving a right or taking away a privilege as enjoined by law and any act and exercise of power even if it arises out of a contract executed by the Government executive authorities must be presumed to be exercised fairly reasonably in the ably in t......aged by Bangladeshi citizens and registered in Bangladesh having experience of successful completion of General Air Conditioning system of capacity of about 300 TR (tons of refrigeration) in one work order in Bangladesh are eligible to apply for pre-qualification. The petitioner applied to the respo..

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

..... He goes on saying that for securing the administration of justice, it is imperative that the orders of the Chamber Judge should be evaluated. It is also remarked that stay orders passed against the Government are being stayed rampantly and the tendency is increasing in a galloping way for the last......wn audacity to criticise the highest court in respect of cases pending before it other than Sheikh Hasina. He goes on saying that for securing the administration of justice, it is imperative that the orders of the Chamber Judge should be evaluated. It is also remarked that stay orders passed against..

Category: Criminal Law | Date: | Hits: 124

Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)

....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......for Leave to Appeal are directed from two separate judgments of the High Court Division but since the subject matter and the parties are identical, these petitions are disposed of analogously by this order. 2. For our convenience we would like to narrate facts in Criminal Petition No.478 of 2010...

Category: Criminal Law | Date: | Hits: 118

Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)

....the judgment and order dated 14-1-2009 passed by the High Court Division in Writ Petition No. 5258 of 2001). Judgment SK Sinha J. - This appeal, by leave, has arisen out the following facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multi­farious diffi......-on-Record—For Respondent the No.1. Sufia Khatun, Advocate-on-Record—For the Respondent No.4 Not Represented—Respondent Nos. 2-3. Civil Appeal No.14 of 2010. (From the judgment and order dated 14-1-2009 passed by the High Court Division in Writ Petition No. 5258 of 2001). Judgm..

Category: Civil Law | Date: | Hits: 90

Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)

....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ucted by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the High Court Division in Civil Revision No. 4954 of 2003). Judg..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

.... was promulgated and by that Presidential Order all schedule banks including the aforesaid Eastern Banking Corporation were nationalised and it was renamed as 'Uttara Bank’. 3. Subsequently, the Government of Bangladesh decided to dis‑invest Uttara Bank to the public and shareholder of erstwh...... and prayed that he was entitled to get 4845 ordinary share of Tk. 100.00 which was offered to Mr. S Khurshid Anwar. Again on 27.1.84 the petitioner submitted another representation to Uttara Bank in order to consider his case. 5. On 3.9.84 Uttara Bank replied to the petitioner simply referring t..

Category: Company Law | Date: | Hits: 175

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....n (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion and Land R......eneral ‑ For the Respondent No. 1. Writ Petition No. 573 of 1987. Judgment Naimuddin Ahmed J. - In this Writ Petition arising out of an application under Article 102 of the Constitution an order passed by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Ann..

Category: Property Law | Date: | Hits: 63

Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)

....lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......Rahman J. - This application under section 5 of the Limitation Act, 1908 is for condonation of delay in filing criminal Appeal No. 486 of 1989 under section 30 of the Special Powers Act; 1974 from an order of conviction and sentence dated 21.1.1989 passed by the Special Tribunal No. 2, Narayanganj c..

Category: Procedural Law | Date: | Hits: 76

Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)

....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ...... ‑ For the Opposite Parties. Civil Revision No. 513 of 1973. Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi rejecting an application under section 151 of the Code ..

Category: Procedural Law | Date: | Hits: 83

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......g Head Cashier of the said branch and was in charge of the cash kept in the branch. It was a part of his duty to keep the cash, enter it in the Vault Register and also to have the key of the vault in order to open the vault takeout the cash when needed. On inspection check on14.7.66 by the Bhairab b..

Category: Civil Law | Date: | Hits: 82

Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)

....quently inducted one Khalilur Rahman and others as sub‑tenants; that the Deputy Commissioner, Dhaka requisitioned the said property in LA case No. 2237 of 1973 and 1268 of 1976 for accommodation of Government employees and then allotted the same to Md. Sharif Hossain, plaintiff No. 1 (Opposite Par......€‘ For the Opposite Party. Civil Revision No. 225 of 1990. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the petitioners (Defendant Nos. 7 and 8) is directed against 2 orders dated 12.10.89 and 6.1.90 respectively passed by the learned Subordinate Judge, 1st Court, Dh..

Category: Property Law | Date: | Hits: 78

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193....... For the Opposite Party No. 1. Civil Revision No. 108 of 1988. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule tinder section 115 of the Code of Civil Procedure is directed against an order of remand. 2. The relevant facts giving rise to this rule in brief are, that opposite party..

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

....the Building Construction Act, 1952 with effect from 10.11.86 under the memo repealed section 7 of the Act the respondents could not remove any building by using force and they had to‑ apply to the Government for such removal. By empowering the respondents to remove any building or fill up any tan......ents to grant the petitioner a personal hearing and his tin shed structure constructed without any sanctioned plan was unauthorised and the respondents committed no illegality in passing the impugned order dated 18.5.1989 for removal of the same. 4. Mr. MG Bhuiyan, learned Advocate for the petiti..

Category: Property Law | Date: | Hits: 77

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......July, 1985 of the Head Master of St Joseph High School addressed to the accused No.1 Mrs. Khadija Afzal, mother of the Minor boy Fazle Samad, (2) a photocopy of the certified copy of the judgment and order dated 20.7.85 in Gulshan PS Case No. 78(10)84. 5. It appears that the said letter dated 22...

Category: Family Law | Date: | Hits: 191

Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)

....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......with Mahbub Ali, Advocates ‑ For the Opposite Parties. Civil Revision No. 270 of 1980. Judgment KM Hasan J.- This rule was issued calling upon the opposite party No.1 to show cause why the order passed on 26.10.79 by the Subordinate Judge, Sylhet, in Misc. Appeal No.181 of 1977, affirming..

Category: Property Law | Date: | Hits: 72

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......This revisional application under section 115 of the Code of Civil Procedure at the instance of the defendant in Title Suit No.226 of 1985 of the Court of Assistant Judge, 2nd Court, Dhaka against an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plainti..

Category: Property Law | Date: | Hits: 79

Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)

....elected. 3. In his election petition opposite party No.1 alleged that as many as 6 pulling stations were originally fixed at Barakata High School, Chinamura High School, Naiar, Chandra‑Shekhardi Government Primary School, Chakratala Government Primary School and Chashai Primary School fixed for......tioner. Matiur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Revision No.1691 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule is directed against the judgment and order dated 12.8.90 passed by the learned District Judge, Comilla in Election Tribunal Appeal No.2 o..

Category: Election Law | Date: | Hits: 129