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Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of the plaintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in......ief with a view to remove a cloud on his title created by the act of the defendant disputing his share; in a suit so framed declaration of title is all that plaintiff needs and he is consequently not called upon to ask for consequential relief by way of partition." Mr. Mihir Kanti Majumder......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
....transferred to the Head Office at Dhaka. After promulgation of Martial Law on 24th March, 1982 the petitioner was implicated in Chittagong Kotwali PS Case No.34 (3)/82 under Regulation 11 relating to some irregularities in issuing passports and in the trial held the petitioner was convicted for 4(fo......d Ministry on due consideration of the facts and circumstances of the case the order of removal of the petitioner from service on compulsory retirement under Martial Law Order No. 9 of 1982 cannot be called in question and the Rule is liable to be discharged accordingly.
6. Mr. SS Halder, the l...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
.... Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR ......s shall be made, as may be necessary for the purpose of determining the real questions in controversy between the parties." 4. This rule 17 has got two distinct parts. The first part may be called discretionary provision, gives discretion to the court (by using the word "may") to......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....ip;……………Respondent Judgment March 8, 1994. Result: The appeal is allowed. Tender of pardon to accomplice The sole purpose of granting pardon to an accused in specified offences is to procure evidence against o......zul Islam and Azad forcibly took away her to the house of appellant Zakir Hossain from Natore road for the purpose of marrying her and confined her in the hut of accused Zakir by closing the door and called in P.W. 2 marriage registrar Nurul Islam and accused Lutfor snatching away the marriage regis......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....he learned Advocate for the petitioner that the allegations made in the application before the Magistrate do not bring the case within the scope of section 147 of the Code of Criminal Procedure. We also do not find any merit in the contention of the learned Advocate for the petitioner that the learn......etitioner and there is likelihood of breach of peace over the same. The learned Magistrate after receipt of the said application by order dated 31.1.91 directed the parties to maintain status quo and called for enquiry report from Assistant Commissioner (Land) and subsequently by order dated 30.5.91......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....d.......Plaintiff‑Petitioner
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja......e with the terms of the judgment with notice to the plaintiff and the plaintiff took the certified copy of the decree and put it into execution and when they were proceeding with the execution the so-called defect came to their notice and thereafter they filed a petition for correction of the judgme...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....ave a favourable report. Thereafter he got the No Objection Certificate from the Deputy Commissioner and made construction there and brought the machineries for the cinema hall. After about two years some interested people of the locality filed this suit in order to cause damage to the defendant No....... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ...... no‑objection certificate cannot be declared illegal inasmuch as in the meantime some right has been accrued in favour of the defendant No. 1 and further the defendant No. 1 will suffer irreparable loss and injury for no fault of his own. 9. From the records it appears that the plaintiffs wan..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
.... ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......y incurred huge expenditure and has mobilized the necessary man‑power for the purpose of election which is scheduled to be held on 30th January 1994 and if the election is postponed there will be colossal loss. 8. Mr. M. Nurullah, learned Advocate appearing on behalf of the respondent No. 4, ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....d were not allowed to perform their duties and counting of the votes were made in their absence and that large number of ballot papers with his symbol 'Boat' were declared invalid arbitrarily so as to show larger number of votes in favour of the symbol 'Clock' of the petitioner and t......man,Emaduddin Chowdhury and Probir Neogi, Advocates—For Respondent No. 2. Writ Petition No. 995 of 1993. Judgment Kazi Ebadul Hoque J. — In this Rule, respondents have been called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Com...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
.... Respondent No. 1
Appeal from Original Decree No. 54 of 1971.
Judgment
Mahfuzur Rahman J.—This appeal is directed against the judgment and decree passed by Subbordinate Judge, Jessore on 30.5.70 in Money Suit No. 2 of 1969 decreeing the suit on contest against the defendant Nos.......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
......h or 30th April, 1968 but not only the goods were not delivered but also the defendant Nos. 2‑4 could not give out any trace of the goods, and as such these defendants are required to make good the loss of the plaintiff.
3. Defendant No.1contested the suit by filing written statement denying ..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....p;……………………………………Respondents
Judgment
January 12, 1994.
Result:
The Rule is made absolute.
Cases Referred To-
Fazlul Huq Chowdhury Vs. Government of Bangladesh, 30 DLR 336.
......udul Islam, Advocates‑For the Petitioner.
None appears-For the Respondents.
Writ Petition No. 1489 of 1988.
Judgment
Kazi Ebadul Hoque J.- In this Rule the respondents have been called upon to show cause why the notification No.SRO 365‑L/86 dated 23.9.1986 published in the Ba......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....d accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, Act 11 of 1947 on admission of his guilt and sentencing him to suffer rigorous imprisonment for 2 years and to pay a fine of Taka 10,000.00, in default to suffer rigorous imprisonment ......d was seriously prejudiced thereby and further the ingredients of the said charges were not proved by examining any prosecution witness and therefore the conviction as passed on the basis of the so‑called admission of guilt by the accused appellant was wholly bad and illegal and the same should be......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. ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... of 1966, FA No. 37 of 1971 is against judgment and decree passed in Money Suit No. 180 of 1966 and FA No. 42 of 1971 is against judgment and decree passed in Money Suit No. 179 of 1966. Appellants also preferred MA No. 48 of 1970 in the court of the District Judge, Chittagong against judgment and d......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
...... the goods in damaged condition prayed for joint survey; that according to survey report all the 24 bales were excessively water stained, wet and damp, discoloured and badly rust stained and assessed loss at the rate of 40% amounting to Rs. 18,048.00. Further case of the plaintiff is that the said g..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....ition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withdraw the same and or pass such other order or orde......e to the original owners who are claimed to be as the predecessors of the petitioners. Out of the said 2760 acres of land requisitioned, more or less 343 acres had been utilised by DIT for the scheme called 'Banani Model Town' and remaining 2417 acres of land were kept by the DIT for develop......cated to the Deputy Commissioner, Dhaka on 18.6.70 that 522 acres of land involved in LA Case No. 138/61‑62 of the DIT should be retained and acquired and the proceeding should be finalised without loss of time. With regard to the question of realisation of compensation of land from the owners in ..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....e Rule is discharged.
Cases Referred to-
Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. TR Varma, 1958 SCR page 499 507; KL Shinie Vs. State of Mysore, AIR 1976 (SC) 1980; Abdul Majid Vs. Province of East Pakistan and others, PLD (Dae) 1962 132; ......uching the said incident of 5.4.87 charge was levelled against the petitioner on 6.5.87 by the Superintendent of Police, Patuakhali and while he was in the Patuakhali Police Hospital on 7.5.87 he was called upon to show cause within 7 days of the receipt of the charge as to why he should not be dism......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.........Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The Rule is made absolute
Cases Referred to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 ......as Bhiti and Bagan; that the said notices did not spell out the purpose for which the land is acquired. The petitioner thereafter moved the Board of Land Administration and Land Reforms and the Board called for the records which was directed to be sent by 15.8.1996 but the notice was issued on 25.9....... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
.... No. 8, Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonm......e already entered into the house of the accused appellant and made some sort of search without calling for any local witness and then brought P.W. 2, the land lord of the house, only to sign the so‑called seizure‑list. Hence, it is the grievance of the learned advocate for the appellant that the......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
.................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Result: The Rule is made absolute. Cases Referred to- Md. Swaleh Vs. UG and Fodder Agencies, 16 DLR (SC) 155, 160; As......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......der whether the plaintiff petitioner is entitled to an order of status quo. He further submits that the disposal of the Appeal by the lower Appellate Court resulted in gross injustice and irreparable loss to the petitioner and in consideration of the facts and circumstances of the case for ends of j..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal; AIR 1964 (Assam) 81 namely United Club, Nowgong Vs. Nowgong Football Association, Nowgong and others; AIR 1988 (Cal) 95 namely Jayjit Singh Khanna Vs. Dr. Rakhal Das Mulli......ted under the Companies Act, 1913 and has been carrying on the business of river transport services in this country. The defendant No.1 Bangladesh Inland Water Transport Authority (BIWTA) hereinafter called the Authority is a statutory body meant for development, maintenance and control of inland wa......ckless and rough salvage operation by the salvage party, heavy damage was caused to the said 'ML Rokeya' which went even beyond repairs due to the mishandling. Accordingly, an estimate of the loss and damage caused by the salvage party to the said 'ML Rokeya' was assessed to the tune..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
....tries Ltd. and others...........................Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stra......Government for establishing a joint venture enterprise with a Thai party and ultimately an agreement was entered into on 29th day of January, 1979 in between the plaintiff and defendant No.1 which is called joint venture agreement with the stipulation that they would form a joint venture company to ...... party………….. (12)
A share-holder to a company is not a contracting party. Therefore, a share-holder in a company cannot sue the company for wrong or damage or for any loss suffered by the company. If any wrong is done or damage is caused to a company, the company is ..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
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