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Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
.... offering the tender was 11.6.89. On that day Mr. Kazi Md. Jasimuddin who was close friend of the petitioner wished to offer a tender for buying the car on 11.6.89, but being very busy could not come personally for submitting tender. It was further stated that the petitioner being a very poor worker...... misconduct or corrupt practice as defined under Regulation 55, as the petitioner being the citizen of the country has the constitutional rights to acquire, hold, transfer or otherwise dispose of the property as defined under Article 42 of the Constitution and, as such, this cannot be a ground for a..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 his services; and if he has obtained possession of the vessel, he may retain possession until he has been paid the due reward". The author further says that with regard to the cargo or other property belonging to the vessel at sea which is rescued from danger those who rescue are entitled t..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......ase No.423 of 1988 (Ka 48, Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful aut..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
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 ......2.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of Khas possession of the land mention..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
......order No.25 dated 11.11.89, passed by the learned Subordinate Judge in the said suit upon an application filed by the plaintiff under Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....nother date was fixed for further argument by the defence. In the meantime the case was referred to the High Court Division by the Sessions Judge for its withdrawal from his file on the ground of his personal embarrassment. The High Court. Division transferred the case to the 1st Additional Sessions...... 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. ..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 ......s of Order 39, rules 1, 2, and 3 of the Code of Civil Procedure as below: “Order 39, rule 1, Where in any suit it is proved by affidavit or otherwise, (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the..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 ......as such, the decree was liable to be set aside. The learned Advocate has also submitted that the borrower having died, the suit should have been filed against all her legal heirs to the extent of the property they inherited from her. but the Plaintiff-Bank instituted the suit against her husband and..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
....en statement as regards the expense incurred by him for constituting the aforesaid company, namely JV Amin Fishing Industries Limited. He has also claimed that the damage as regards business and also personal damage of the plaintiff company together would come to Tk. 19, 31,785.04. He further stated...... 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
..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....tention to a paragraph of the same in which it was held that "the Court is to hold the balance between the State's need to prevent prejudicial activities and citizen's right to enjoy his personal liberty. It will administer the law of prevention strictly with reference to the matters sp......alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."
13. Admittedly the d..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....f the victim from the pond on search, the accused Khaleque, Islam, Jamal, Rahim were no found in the locality and they were absent from their houses. In cross‑examination he admitted that he had no personal knowledge as to who called out the deceased. He in cross‑examination denied the fact that...... 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 ..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 ......) of the said Ordinance. Any person can pray for exclusion of any building to him from the list of abandoned properties without praying for any other relief that the building is not an abandoned property and has not been vested in the Government or that his right or interest has not been affect..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. ......plication for amendment arose out of the following situation. The opposite party instituted the suit for permanent injunction on various allegations against the petitioner. His case was that the suit property along with other property belonged to Nowab Estate, Dhaka and subsequently was managed by C..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
....(Supp) SCC 87 wherein certain Advocates stood up to vindicate the rights of a judge in the interest of independence of the judiciary was held to have locus standi to file writ petition although their personal interests were not involved in the dispute.
20. Let us now refer to the case of the Pa...... in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and man..
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
......ate for the defendant‑respondent, has further referred to section 17 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, which runs as follows:
“17. Use of acquired property. (1) No property acquired under this Part shall, without the prior approval of the Governme..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the instant Case. While dealing with matters referable to the custody of a child, the established legal position is that the welfare of the child is of prime consideration, he provisions of the personal law of the parties or even the provisions of the statute law as to such custody may be subj...... 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 ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......arty was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to possession ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....bank totaled at Taka. 20.2 crore which is far in excess, of the said Bank's investment and the petitioner, his wife and sons who are' Directors of Dialogue Publication Ltd. never executed any personal guarantee for that financing by Al‑Baraka Bank Ltd. 7. According to the petitioner, ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......o. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property was made as provision of President's Order 16 of 1972 read with Ordinance No.54 of 1985..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....bove that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough if the applicant discloses that he has a personal interest in the performance of the legal duty which if not performed or performed in a mann...... above, the lease agreement executed between the parties, namely the present petitioner Mr. AKM Faruque and the respondents, stipulated in clause No. 3 that the construction to be made on the demised property shall not cover more than two thirds of the area of the demised property and within three y..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
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