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....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......ain for which the answering defendants have suspended him and the matter was reported to the Anti‑Corruption Department and criminal case has been started. The defendants further contended that the action of the said clerk in giving fraudulent delivery to one Mr. Dhirendra Lal Saba with the ulteri..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ...... any sanction order from the Government, submitted the charge‑sheet on 7.2.90 and thereafter the case records, were sent to the learned Sessions Judge and Special Judge, Faridpur for necessary action and the learned Special Judge took cognizance of the case on receipt of the records on 10.7.9..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......ition and then the onus is shifted on the carrier to prove that its employees took due care and caution as a reasonable man of ordinary prudence to protect the goods but in spite of their taking such action due to circumstance beyond their control such as perils of the sea, act of God, etc the goods..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......4 (relevant page 135) wherein the word "forthwith" has been interpreted to mean the next convenient opportunity and as no precise time is prescribed a reasonable time is contemplated for an action. The learned Attorney‑General further submitted that the delay caused in the matter of exec..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ......e command of defendant 1, Vessel MV Stern on that date after signing the documents of taking over and handing over of the discharge. On taking command of the ship he performed the duties to the satisfaction of the defendant and her owner including others. It is alleged that since his joining the ser..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......ersonally for submitting tender. It was further stated that the petitioner being a very poor worker, never had the means to buy old/used cares nor did he make financial gain out of the aforesaid transaction. The said M/s 373. Kazi and Kazi Motors took delivery of the used car No. Chittagong Kha‑31..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ......For the Defendants. Admiralty Suit No. 19 of 1993. Judgment AM Mahmudur Rahman J. — This application is by the defendants 1 and 2 for rejection of the plaint for want of cause of action. The application is resisted by the plaintiff. 2. The short facts necessary for disposal..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ...... me that section 540 is expressed in the widest possible terms and the intention is not to limit the discretion of the trying court in any way to act in the interest of justice when he considers such action 5. The learned Advocate then placed reliance on the Single Bench decision in the case of..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ......leged that the defendant No. S informed the police by his letter dated 6.12.82 to see that the plaintiff cannot ply its vessels without the approved Time-table. Hence it was further alleged that such action of the defendants was wholly malafide, arbitrary and without any authority of law and therefo..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ...... the demands and requests of the Bank to liquidate the outstanding dues; that ultimately, the Bank issued legal notice on the Defendants on 10.4.81 demanding payment of the dues and that the cause of action for the suit arose on 10.6.70 when the Over Draft facility was availed of and Lastly on 25.1...Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......oke the detenu-petitioner in the early hours and served a notice dated 23.3.92 asking him to show cause by 10-00 AM on the same day as to why he should not be deported from Bangladesh and other legal actions should not be taken against him. The detenu-petitioner submitted a reply asserting that he i..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......committed. Now, in the instant case, according to the prosecution, all the accused planned to commit the murder of the victim and towards that end they started acting and then all together in a joint action with common intention caused the murder of the victim. So, in such circumstances, it is not u..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ...... of the Code of Civil Procedure. As such, according to Mr. Khondker Mahbubuddin Ahmed, the petitioner is precluded from instituting a fresh suit as well as a writ petition in respect of same cause of action in view of Article 102 of the Constitution as hereunder: “9. Decree against plaint..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......olution of the General Meeting dated 20.7.87. (Annexures 'B', ‘B (1), and B (2)'). The petitioner challenged the validity of the said letter through Dr. M. Zahir (Annexure C) but no action was taken. The petitioner paid his dues to the Bar Association upto 1987 regularly and in 198..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......s a valid and rational classification and, as such, cannot be conceived to be violative of Article 27 of the Constitution. It is also contended that every legislative enactment and every governmental action, particularly, where the legislative enactment or the governmental action is a financial meas..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......ase of 12 acres of excess land of the Railways at village Jinardi for the purpose of setting up an industry there. The Ministry forwarded the application to the Bangladesh Railway Board for necessary action. Thereafter, the Railway Board requested the Secretary of the Unnayan Parishad to get in touc..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ...... "Pendency of a criminal case or cases involving petty offences, far removed from "prejudicial act," as defined in the Act, can neither be a basis for reasonable apprehension or satisfaction for making an order of detention. But where the allegations are of serious nature the detaini..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......d over in presence of the parties. From now on, the mother would have the custody of the said minor son till he is seven years of age. This order has been passed by the court keeping open any further action for reconciliation that may be done. It should be kept in mind by the petitioner mother that ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......suffer the sentence of imprisonment for life passed in this ease. Let a copy of this judgment be sent to the trial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 35..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......ry, Ministry of Education, Director General, Directorate of Secondary and Higher Education, the Deputy Commissioner, Dhaka and Chairman, Managing Committee of the school for information and necessary action. The memo dated 23.9.89 of the Board is annexed to the Writ Petition No. 1661/89 and marked a..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
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