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Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....ly Jayjit Singh Khanna Vs. Dr. Rakhal Das Mullick and others; AIR 1924 (Patna) 713 namely ShyamBehari Singh Vs. B BiseswarDayal Singh and others; AIR 1934 (Cal) 713 namely Shamsuddin Ahmed Vs. Charu Chandra Biswas and others; 17 CWN 996 namely Harilal Vs. Prayag Ram and others, and also PLD 1982 (La...... survey services; (iv) To carry out removal of wrecks and obstructions in inland navigable waterways; (v) To fix maximum fares and freight rates for inland water transport on behalf of the Government as provided in section54(A) of Inland Mechanically Propelled Vessels Act, 1917; ......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
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....dras) 528 (Full Bench); A.I.R. 1935 (Bombay) 213 Reliance Bank Limited Vs. Profulla Kumar Banerjee, 5 D.L.R. 89, P.L.D. 1953 (Dhaka) 220; PLR 1952 (Dhaka) 342; Tea Financing Syndicate Ltd. Vs. Chandra Kamal Bez Barua, reported in A.I.R. 1931 (Calcutta) 359-34; C.W.N. 1175, 52 C.L.J 314; Karson......efect of parties, we like to confine ourselves to the question of limitation in disposing of the appeal. 8. Mr. Asrarul Hossain. learned Advocate for the Appellants, submitted that the suit was governed by Article 57 of the Limitation Act inasmuch as the suit was for recovery of money......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 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....ellip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&h......husband and expressed her desire to live with him as his wife. 11. On the other hand, the parents of the victim girl challenged the validity of the judicial custody and prayed the girl be handed over to them as they are the legal guardians. They have eight living children and the victim girl is...... 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
....s decisions in support of his contention which will be discussed later on in this Judgement.
8. Mr. Aminul Huq, the learned Attorney General appearing for the respondent-Government, on the other hand, submitted that there is no provision in the Foreigners Act, for supplying the grounds of deten......rs.....................................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 Hashim Vs. State, PhD 1956 (Karachi) 485;People's ...... 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
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....¥¤ and submitted that there cannot be any re‑ investigation of the case by the police after submission of the charge‑sheet. Mr. Mamun, the learned Assistant Attorney‑ General, on the other hand submits that the above citation of the word “পà§à¦£à¦ƒ তদনà§à¦¤" does not ......about 9 0' clock in the morning the informant heard that a dead body was floating in the Padda Pukur within village Beniaduar. He then rushed to that village and with the help of the villagers recovered the dead body and found the same to be of his brother victim Abut Kalam. It was further alleg...... 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
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....fter factual field survey in the locality and the suit land has been recorded as fallow land (layek-patiti/Layek ura). 9. Mr. BK Das, learned Advocate appearing for the respondents, on the other hand, strenuously argued that the plaintiffs are in possession of the suit land for the last 40 year......correctly recorded in the settlement papers. Principal defendants disclosed on 1st/2nd Chaitra, 1381 BS that they purchased the suit land from the proforma defendants and asked the plaintiffs to make over possession of the same to them. Plaintiffs doubted their claim and enquired into the Tahsil Off......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 ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....of Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, reported in 32 DLR (AD) 1. This decision, to our mind, is not of much consequence because the principle laid down in the decision is accepted on all hands. By the majority view in this decision it has been held that, jurisdiction conferred upon the ......sed by it for limited purpose at least in respect of pending cases pending before the Special Tribunal. It may be observed that at the time the appellate and revisional jurisdiction of the High Court over the Special Tribunal had been taken away but since then the High Court has been given both appe...... 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
....ved several authorities including the Financial Adviser‑in ‑charge of the Ministry of Finance, Government of Bangladesh, and ultimately the President of Bangladesh, but to no effect. On the other hand, in response to their representation to the President of Bangladesh they were informed by lette......426
......enalties 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 management of, and service in any nationalised enterprise or statutory public authority;
(c) an..
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
......gh Court Division
(Civil Appellate Jurisdiction)
Present:
Mohammad Mozammel Hoque J
Md. Abdul Karim J
Pronab Kumar Chakraborty and others............Appellants
Vs.
Government of the People's Republic of Bangladesh and others.......Respondents
Judgment ......o give effect to the orders of Government.
Lands acquired for a Municipality, District Board or any other local authority legally entitled to, or entrusted by the Government with, the control or management of any municipal or local funds, do not come within the scope of this Rule.
All land..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....nt of vagueness of ground No. 1 and for using specific criminal cases as grounds of detention. 6. Mr. M. Shamsul Alam, the learned Deputy Attorney‑General appearing for the State, on the other hand, contends that all the grounds mentioned in the grounds of detention are specific containing th......section 3(2) of the Special Powers Act, 1974 directing him to be detained for a period of 30 days. The grounds of detention were duly served on the detenu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), ...... 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 ...... unskilled worker being a loader working under the petitioner Nos. 1 and 2 the Proprietor and the Manager respectively of a printing press named the Star Press, on a monthly wage of Taka 307.00. The Government by a Notification published in the Dhaka Gazette Extraordinary dated 12th July, 1980 being...... were the second parties before him in all the IRO Cases to pay the petitioners of the IRO Cases the wages as claimed by them with effect from 1st July, 1979 and also as per the agreement between the management and the collective bargaining agent. 20. Mr. Khondker Mahbubuddin Ahmed, the learned..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)
.... 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 assessee. In the case before us the surplus was no doubt to be paid to the Corporation u......come of assessee or not, the true test is whether the amount reached the hand of the assessee. In the case before us the surplus was no doubt to be paid to the Corporation under the direction of the Government and there seems to arise an obligation. But each obligation is not the decisive factor. Wh...... 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
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....rded gold medal and title "Best Head Mistress" in 1982 by the Government, It however, appears from the Writ Petition No. 4 of 1990 that subsequently there was allegation against her of high handedness, corruption misdemeanour, and the students of the school went on strike from 9.2.85 where......ed to- Azimuddin Industries Ltd. Vs. Collector of Central Excise and Land Customs, Chittagong and others, 18 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC......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
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....indulged in any activity subversive of the state. 4. The petitioner was served with an order dated 10.5.92 issued from the Home Ministry directing the petitioner and his wife and two children to hand over their respective passports to the police personnel who came to serve the same order at his...... The interest of a private Bank is not such a public interest or any interest in which the interest of a public is directly connected for protecting the interest of a private commercial Bank the sovereign state power to impound a passport, to which passport and travel document a citizen has a co......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)
.... original lease deed is identical with the specimen LTI of Abdur Rouf marked at 'B' taken on paper on 26.10.85 and that both the finger impressions are products of the same finger of the same hand of the same person, No affidavit‑in‑opposition has been filed by the respondent denying thi......lowed a house being house No. 7, Lane No.4, Block No.C, Section No.10, Mirpur Housing Estate under Memo No. 3754/CHS dated 11.7.1963 by the Assistant Commissioner Works (Housing and Planning) of the Government of the then East Pakistan and a deed of conveyance dated 5.8.1963 leased out to the petiti......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. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....der 23, rule 3 of the Code of Civil Procedure and decree passed accordingly. Mr. MB Taz Mohammad, the learned Advocate appearing on behalf of the plaintiff and the defendant-respondents, on the other hand, argued that no effective compromise has been made and that the parties have not yet got any po......is a case of partition by metes and bounds of property belonging to a Muslim undivided family, the quantum of share of' which is required to be divided according to Muslim law of inheritance. Moreover, non‑signing of the solenama by one of the co‑sharers is not the only consideration in this......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....ted by the District Registrars on reports of the Sub‑Registrars on the working/Extra‑M Muhaffars after their engagement from the candidates with Matriculation Certificates having neat and legible hand‑writing. The senior and efficient extra‑Muharrars were promoted to the posts of Tax Collect......angladesh Service Rules) and he has been regularly working in the said post on daily wage basis upto 4.2.81 when he was appointed as Tax Collecting Muharrar of Tejgaon Sub‑Registry Office, a non‑Government post under Registration Department. Annexure A to the petition is the appointment letter a......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....o constituting Holding No. 74 Bangshal Road under Narayangonj Paurashava.
3. Briefly stated, the case of the sole plaintiff Abdur Razzak is that the suit property originally belonged to Gobinda Chandra Podder and others, from whom about 40 years ago one Joynal Abedin acquired it. He raised ther...... No. 279. There was a local investigation by Mr. Md. Shah Alam, Advocate who submitted report on 1.1.1984 which was accepted on 5.2.1984. The Commissioner found that the suit land (SA Plot No. 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279.
......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....hittagong did not approve the lease, the lease is cancelled and it has been ordered that those fisheries would again be put to auction and the petitioner along with other lease holders is directed to hand over possession. So it appears that for violation of a condition of the bid, on the basis of wh...... the balance money was to be deposited within seven days from the date of auction, in default, without any notice or without any show cause the 50% money already deposited will be confiscated to the Government and Mohal will be put on auction again but the petitioner was delayed by few days but depo......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....r Superintendent of the office of the respondent No. 1, a close relation of one of the landlords. 6. Mr. Harun-ur Rashid, learned Advocate appearing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a pe...... Madaripur. The petitioner was a tenant in the said holding under respondent Nos. 5 and 6 on monthly rental basis since 1981. He imported the said printing machine from China by taking loan from the Government in month of December, 1988. The petitioner went to his village home keeping the press clos......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
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