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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
...... the petitioner filed an objection before the Minister of Land Administration. However, the objection petition was rejected on 16.10.1986. The college authority has deposited the entire assessed amount to be paid as compensation, Munsurul Haque, the Principal of the College, has got nothing to ...... 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
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 ......satisfaction of the defendant and her owner including others. It is alleged that since his joining the service as Master of the vessel he was not paid regularly the monthly wages and as a result huge amount has been accumulated as arrear to his credit. It is further alleged that he was taken down fr......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 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
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 ......d to return to the port with 80 M/Tons of cement. The plaintiff alleged that for sending MV Queen of Heart for lighterage job including special pay for the master and the crews it had to spend a huge amount of money as per condition No. 5 of the agreement and the plaintiff is entitled to freight on ......n to the port with 80 M/Tons of cement. The plaintiff alleged that for sending MV Queen of Heart for lighterage job including special pay for the master and the crews it had to spend a huge amount of money as per condition No. 5 of the agreement and the plaintiff is entitled to freight on the basis ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....s whether the exclusion clause also qualifies the inclusion clause. Except for the fact that the exclusion clause follows the inclusion clause, there is nothing in the grammatical construction of the whole clause to indicate that it qualifies the inclusion clause. Exclusion clause contemplates two c......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. ......m Ali Mohammad Khan, the original allottee of the Government of erstwhile East Pakistan allotted on 25.10.62 followed by delivery of possession on 13.12.62. Mr. Khan received Taka 9,000.00 as earnest money out of total consideration of Taka 10,000:00 and delivered vacant possession of the house and ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
....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.
......ed 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 defendant in order to avoid payment of the dec...... case the respondent Himalaya Ice & Cold Storage Company Ltd. has brought Money Suit No. 15 of 1988 in the Court of the Subordinate Judge 1st Court Khulna against the appellant for realization of money upon the allegations that during his tenure of office as the Managing Director of the plaintif..
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. ......tion of the accused under section 342 CrPC, hearing of argument of the defence once; the defence has been fully disclosed and as such the order allowing additional witnesses to be examined will amount to allow the prosecution to fill the gap in the case and patch up the holes and, therefore, t...... 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 ......L Rokeya' was assessed to the tune of Taka 3,03,800.00 only as claimed by the plaintiff against the defendants. The defendants, on the other hand, prepared a bill for their salvage charges for an amount of Taka 44,129.80 only and sent the same to the plaintiff claiming payment thereof. However, ......ndly, that the convenience and inconvenience will be in favour of granting temporary injunction and thirdly, that the petitioner shall suffer irreparable loss or damage which cannot be compensated by money if injunction is not granted. However, it is an equitable relief which is discretionary with t..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
.... money goes into the general funds of the Bank which uses it for the purposes of its business. While the account is in credit, the Bank is a debtor to the customer. The customer can demand payment in whole or in part by drawing on the account. If the Bank allows the customer to overdraw the account ......n of the said approach, an Over Draft limit of Tk. 50,750.00 was sanctioned by the Bank on 10.6.70 which was subsequently enhanced to Tk. 70,000.00 on 12.12.70; that in Order to secure the Over Draft amount, the said Halima Khatoon pledged National Investment Trust Certificates (N.I.T) valued at Tk.......it was maintainable in its present form, that the suit was not barred by limitation; that the N.I.T. Certificates were not encashable by the Plaintiff-Bank and that the Defendants were liable for the money claimed. Upon these findings, the learned Subordinate Judge decreed the suit against the Defen..Category: Limitation Law | Date: 25 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
......er Mahbubuddin Ahmed submits that the present plaintiff is entitled to the damage against the defendant No.1 in view of the fact that for constituting the new company the present plaintiff spent huge amount of money and the plaintiff company suffered loss due to the carelessness and negligence of th......ustries Ltd. for providing four fishing trawlers for catching fishes in the sea. It is alleged that for the formation of the company the plaintiff took all steps in the matter by spending huge sum of money. The necessary employees were employed and all other incidental matters were provided by the p..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....learned Advocate for the appellants, thereafter contends that the charge as against the accused persons was defective as section 34 was not at all attracted in this case, in view of the fact that the whole case against these appellants was based on confessional statements of some co‑accused and th...... 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 ......ch of the victim on 24.12.87 and while going towards Hartidanga hat on the way met one Sakina, wife of one Tunsi who asked them to tell Khalek to meet her, failing which they will suffer loss of huge money and further heard that the daughter of Amiruddin P.W. 7 was said to have heard some hue and cr..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
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 ......aintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse possession of the plaintiffs in the suit land…………&hell......e and register the sale deed for some difficulties but made over possession of the same to the defendants 1 to 13. Plaintiffs failed to purchase the suit land as the principal defendants offered more money than they had offered and they filed the suit on false allegation of settlement. They had neve..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
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 ...... it has been held: "There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amount to abuse of the process of the Court or that the quashing of the impugned proceedings would s...... 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. ......r Association and that he did not comply with the provision of Rule 66(1) of the Bangladesh Legal Practitioners and Bar Council Rules, 1972 while practised after releasing from the prison and that it amounts to professional misconduct. It was also observed that the appellant preferred the appeal bef......ion upto 1987 regularly and in 1988 when his Clerk went to deposit the fee for that year, the Bar Association refused to receive the same. Thereafter, the petitioner sent the membership fee by postal money order in March, 1988 which was also refused. After the petitioner had resigned from the office..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
......€‘28/85/60 dated 10.8.85 as at Annexure‑C to the writ petition which is impugned in this case. In addition to pension certain other benefits such as, commutation of pension and payment of lumpsum‑amount in lieu thereof known as gratuity and of net payment of a lump‑sum amount of 12 months'......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
....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
......tary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on payment of Taka 3155,000.00 per acre, the total amount being Taka 4,20,000.00 to be paid through Bank Drafts, Accordingly, the Plaintiff Unnayan Par......istry of the Government is estopped from challenging the validity of the contract concluded with the plaintiff. In view of the nature of the project of eradicating local unemployment, compensation in money would not be an adequate relief to the plaintiff.
19. We have gone through the impugned j..
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. ...... general and accordingly, an entry in the General Diary being Muladi PS Diary No.124 dated 5.2.93 was recorded. In ground No. 6 it is stated that on 6.4.93 he and the workers of the party demanded an amount of Tk. 20,000/00 from the Bazar Committee of Khaserhat within Muladi Police Station and as a ...... 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
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 ......r with both, and if the Court trying such contravention by order so directs, shall also pay to the worker concerned such sum as may be specified in the, order to represent the differences between the amount actually paid to such worker and the amount which would have been paid to him had there been ......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
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 ......uestions as formulated to arise out of the order of the Tribunal and are questions of law and call for decision and the reference is competent. ....................(7) In order to decide whether amount is the income of assessee or not, the true test is whether the amount reached the hand of the......e assessee and the profit it earned was its profit and is taxable in the hand of the assessee. ....................(9) As the surplus, in the instant case, did not remain "in one passage of money in the form of one son of income," if even accepted, the same money entered in another pa..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ent of casualness should be allowed to creep in and the Magistrate should be fully satisfied that the confessional statement which the accused wants to make is in fact and in substance voluntary. The whole object of putting questions to an accused person who offers to confess is to obtain an assuran......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......the light. Accordingly, the driver stopped the bus and put off the light. Then, approximately 9/10 unknown dacoits who were within the bus in the guise of passengers committed dacoity and looted away money and other articles of the passengers, in all worth Tk. 30,945/= and it occurred at about 9.45 ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....o stop him from going abroad and the petitioner's non‑payment of the Bank's dues gave rise to a strong suspicion and belief that he might leave the country to evade payment of the bank. The whole matter is being enquired into by the Bureau of Anti‑Corruption and to facilitate the enquiry......erest of a considerable section of the people All interest to be called a public interest must effect directly the interest of a considerable section of the people in the locality or substantial amount of the cross section of the groups of people. The interest of a private Bank is not such......ernment of Bangladesh in which the material allegations have been denied and it is asserted that the Dialogue Publication Ltd. along with the co‑partners of the project had borrowed a big amount of money from Al‑Baraka Bank Ltd. and amount with its interest comes to Taka 19,35,88,000.00 and it i..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
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