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.... 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
......partment it is held that:
"It was held by this Court in Ralli Brothers Vs. Province of East Pakistan and others that the Authority requisitioning or acquiring property, under the compulsive power of the Act, must indicate definitely what part of the land is required by them. If they want a......
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 DLR (SC) 18; Ralli Brothers...... 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
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......re Rahman allegedly on behalf of Hitendra Kumar Chowdhury who is respondent No.4 in this appeal before us. In the application it is stated that this respondent No.4 never executed any vokalatnama nor power of attorney in favour of Mr. Zakir Hossain, Advocate, nor he did appoint Mr. Zakir Hossain as ......haha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal from Original Decree No. 235 of 1976, analogous with Appeal from Original Decre......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
.....89, but being very busy could not come personally 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 deliver......t receive any reply. It was alleged that the dismissal order was mala fide and arbitrary and violative of Biman Service Regulations and General Law of the country and also is a colourable exercise of power and has been made with mala fide motive. In the petition of complaint it was also stated that ......nishment can be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing Orders) Act, 1965— It is obligatory on the part of the employer to take into consideration the gravity of misconduct and the previo......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 ..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 ......ocedure Code for rejection of the plaint have not been made applicable to Admiralty Court nor the Rules of Admiralty Court provide for rejection of the plaint. Rather, it is by invocation of inherent power of the Admiralty Court it has to be returned. On facts and in law there is no case for rejecti......st and orthes………………………Defendants Judgment August 25, 1993. Result: This application is rejected. Cases Referred to- Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR (AD) 188 Lawyers I......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 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
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 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 .......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; Ashwini Kumar Karmaker Vs. Har......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 ..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.
......or treating the memorandum of appeal as an application under section 115 of the Code of Civil Procedure. Since the impugned order suffers from an error of law, this Court in exercise of its power under section 115 CPC can suo motu enter therewith and accordingly, we have allowed ......ent:
Bimalendu Bikash Roy Choudhury J
Abu Sayeed Ahammed J
Israil Hossain ..............................................................Appellant
Vs.
Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna, Represented by the Managing Director......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.
..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
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. ...... justice and hence the impugned order cannot be sustained. The learned Advocate candidly admits that the section 540 CrPC confers jurisdiction on the trial Court to examine additional witness and the power so conferred is wide but he contends that in the instant case the trial having gone through th......lip;………………………………Opposite Party Judgment July 27, 1993. Result: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced a...... 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 ......spensed with or along with the issuance of notice, an order of ad interim injunction may be issued till hearing the substantive application for temporary injunction. This authority of exercising such power only in exceptional cases is however a discretionary one with the Court and it will also depen......tioner Vs. Inland Water Transport Authority & others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referre......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 ..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. ......e of Criminal Procedure a girl reaches the age of sui juris at 16 years of age but at the same time the learned judges opined that where section 55 of the Children Act applies the Court will have the power to keep that child in custody till that child attains the age of 18 years. Section 55 of the C......2] Judgment July 14, 1993. Result: The Rule is absolute in Criminal Revision No.1336 of 1992 The Rule is discharge in Criminal Misc. Case No.536 of 1992. Cases Referred to- Jahanara Begum allias Jotsna Rani Saha Vs. State and another, 15 DLR 148; Ananda Mohan Bana...... 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. ..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
......ate of incorporation and memorandum. Ext. 20 is the miscellaneous file of the correspondence and letters of the parties. On behalf of the defendant No. 1 two documents were filed, namely, Ext. A, the power of attorney dated 3.5.85 and Ext B certificate dated 8.12.93.
10. On the background of th......DLR (HCD) (1994) 39
...... 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
.... 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
......g the entry of foreigners into Bangladesh or their departure therefrom on their presence or continued presence therein.
(2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner-
(a)............................me Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Result:
The Rule is made absolute.
Cases Referred to-
Mrs.Rowshan Bijaya Shaukat Ali Khan Vs. Government of East Pakistan, 17 DLR 1;Muhammad Hash...... 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
..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
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 ......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 ............Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25, 1993. Result: The Rule is discharged. Cases Referred to- PLD 1970 (SC) I (Hussain Bakhsh Vs. Settlement ‑Commissioner, Rawalpindi and others); SAL......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 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... 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 ......on. 10. Mr. SR Paul referred to section 561A of tile Code of Criminal Procedure which is as follows: "Section 561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order......p;……………………Opposite Party Judgment May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj...... 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
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. ......the impugned resolution. The membership of an Advocate cannot be taken away unless it is approved by the Bar Council. So, prima facie, it appears that the Bar Council failed to exercise its statutory power in not setting aside the impugned resolution dated 2.12.90 which was not passed due to non-pay......Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and other facilities in connec......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. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....nt has every intention and wish to see that an employee retiring from service lives a decent standard of life and with this end in view, the government provides pensioners benefits within its limited financial resources. The contesting respondent also contends that since the pensioners are no longer...... these are not the subject‑matter of controversy in this writ petition. It is next alleged by the petitioners that after liberation of Bangladesh there has been high‑ inflation and the purchasing power of taka gradually eroded as a result of which the government of Bangladesh had to revise the p......tired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another................Re......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
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......age of Taka 307.00. The Government by a Notification published in the Dhaka Gazette Extraordinary dated 12th July, 1980 being Notification No.SRO 237‑L/80/ SIV/ MWB10/80/172 in exercise of its power under section 6 of the Minimum Wages Ordinance 1961 being Ordinance No. XXXIX of 1961 fixed wa......t of the said case is not the subject matter in the 15 writ petitions. 2. The facts of the case in these writ petitions are as follows: The petitioner in IRO Case No. 78 of 1984 giving rise to Writ Petition No. 68 of 1988 was an unskilled worker being a loader working under the petitioner ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
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 ......means of reference there should, in effect, be a second appeal to the High Court upon question of fact." We are in respectful agreement with the above view and although we have no doubt that the power of the High Court under section 439 it is wide enough to disturb findings of fact, the exercis...... Result: The Rule is made absolute. Taking Evidence on which Party 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...... 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 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Section 160 Unless a question of law arises out of the order of the Taxes Appellate Tribunal, this High Court Division has no power to decide the same. But whether a question of law formulated arises out of the order of the tr......acated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
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 ......d were under transit to the District Jail while the latter (Bahadur Khan) was rearrested, the former is to this day a fugitive from law. Before their abscondence Gul Hassan and Bahadur had executed a power of attorney.................to file an appeal on their behalf in the High Court. At the hearin...............................Appellant Vs. Abdul Khaleque........................Respondent Judgment November 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC)......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 ..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 ......992. Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act suc...... Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act such powe......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 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
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