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.... the meaning of the President's Order No.16 of 1972 affected petitioner's fundamental right guaranteed under Article 42 of the Constitution. The learned Advocate further submitted that though alternative remedy to go to the Court of Settlement within the period of 108 days from the publicati......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.
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Category: Property Law | Date: 12 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. ...... in spite of issuance of Warant of Arrest and Proclamation and ultimately he was arrested by the Police and produced before the Upazila Magistrate on 14.6.90 and thereafter he prayed for bail but his prayer for bail was rejected. Meanwhile, the Investigating Officer came to know that the accused Sah..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....ed bales were detected at the time of receiving the same in the ship and noted in the bill of lading but damage in the remaining bales could not be detected due to concealment by the shipper. Another alternative defence was taken by the defendant appellants that the goods were damaged in course of v......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
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Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
.... been in possession of RAJUK It is not denied that some of the persons affected by the scheme filed writ petitions but those relate to the payment of compensation of land, structures and allotment of alternative plots on rehabilitation. It is strongly asserted that the entire lands under LA Case No.......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
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Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....d Deputy Attorney-General appearing for the respondents, we prefer not to enter into the merit of the case since the Rule is liable to be discharged on the ground of maintainability. Finding no other alternative, the learned Advocate sought for a direction on the authority concerned for the disposal......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
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Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....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 ......, the accused persons were produced before the Sabujbagh Police Station and a GD Entry was made and on that basis the accuseds were produced before the Chief Metropolitan Magistrate and they on their prayer were granted bail. Meanwhile the alleged heroin contained in the polythene bah was sent to th..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
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 ......int Case No. 37 of 1990 before the 1st Labour Court, Dhaka under section 25(1) (b) of the Standing Orders Act, 1965 against the order of dismissal of the petitioner from his service on 19.2.90 with a prayer for reinstating him in his service with all back wages. In the complaint case the petitioner ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....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 ......he petitioner preferred Miscellaneous Appeal No. 17 of 1992 in the court of the District Judge and also moved an application under Order 39 rule 1 of the Code of Civil Procedure for injunction with a prayer for restraining the opposite party No. 1 from raising any structure or building on the said &..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....t his evidence is vitally important, necessary and essential for arriving at a just and proper decision in this case. ‑ Thus, although the petition has been filed at this stage but there is no alternative than to allow the petition for the ends of justice." 3. The petitioner, being ......ued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 19.6.93 passed by the Additional Sessions Judge, Ist Court Dhaka, in Sessions Case No. 300 of 1992 allowing the prayer of the prosecution to examine additional witness should not be set aside or to pass such orde..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 ......irect the defendants to issue the approved Time-tables to the plaintiff for its vessels and to restrain the defendants from claiming other dues till disposal of the suit. The defendants contested the prayer for temporary mandatory injunction and the matter ultimately came up to this Court at the ins..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......body she likes. 46. Let an advance copy of this order be communicated to the Deputy Commissioner, Netrokona and the Jailor, Netrokona District Jail at once for compliance. 47. Later, on the prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is w..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......he trial Court. Although, the objection as regards maintainability of the suit was raised, it was not discussed in details and in a very shortcut manner the learned Subordinate Judge disposed of this prayer which is not at all expected in a case like this. Further, the learned Subordinate Judge plac..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
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 ...... consideration of the Memo No. 2088 (Noagaon) 924 dated 26.5.88 of the Police Inspector, CID Camp, Naogaon, and also Memo No. C/A 2485 dated 24.6.88 Police Sadar Daftar, Dhaka, and accordingly made a prayer before the Court for sending the case record to the learned Magistrate concerned for necessar..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......ed property and has not been vested in the Government or that his right or interest has not been affected by the provisions of the said Order and the Court of settlement can make such decision on the prayer of the applicant as it deems fit under section 10(5) of the said Ordinance……. (..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......f the suit land. As the plaintiff in the case prayed for declaration of title and recovery of possession the amendment was allowed. But as in the instant case in the application for amendment no such prayer for declaration of title was sought the principle laid down in that case has little applicati..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ...... the plaintiffs failed to prove their possession in the suit land their simple suit for declaration of title is barred under the proviso to section 42 of the Specific Relief Act for want of prayer for further relief, so is not maintainable……….(18) Lawyers Involved..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....on 561 A of the CrPC cannot be taken recourse to in any case where appeal has been barred by limitation, if the trial has not been held without jurisdiction or in the face of legal bar. So far as the alternative forums suggested above are concerned, we find it appropriate to reserve our views. ...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
....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
......and this letter is at Annexure‑H to the writ petition.
5. Having been baffled in all their attempts to secure any remedy the petitioners approached this Court in its writ jurisdiction with the prayer that Memo No. MF (IF)‑I 1‑14n4 dated 21.1.74 as at Annexure‑B so far as it produced the..
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
......ailway authorities to the Plaintiff Unnayan Parishad, who raised a portion of the said land with earth and erected corrugated iron tin‑shed thereon for the purpose of setting up an industry. On the prayer of the plaintiff Unnayan Parishad, the Government of Bangladesh in the Ministry of Textiles u..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....mission of a criminal offence would not by itself debar the Government from taking action for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention law may be invoked when the available evidence doe...... 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. ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
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