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....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
......he evidence, he was to record the evidence on administering oaths to the witnesses in compliance of section 4 of the Oaths Act and the evidence having not been recorded in compliance of the provisions of the Evidence Act and the Oaths Act, the so-called evidence on the basis of which decis..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... 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
...... entire assessed amount to be paid as compensation, Munsurul Haque, the Principal of the College, has got nothing to do in the acquisition proceeding which was however, started in accordance with the provisions of the Acquisition and Requisition of Immovable Property Ordinance II of 1982. The petiti..
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.
...... about 5/6 years and upto the death of Sudhir Chandra Das in 1970 no objection was taken by anybody. Mr. Zakir Hossain has drawn our attention to sections 513, 513A and 514 of the Hindu Law. From the provisions of the aforesaid sections of Hindu Law it appears that if anybody wants to challenge any ..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
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 ......ppellant. 9. The next point argued by the learned Advocate for the appellant was, that in making the search of the appellant's house for recovery of the incriminating articles, the necessary provisions of law under section 103 of the Code of Criminal Procedure were not complied with. The le..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 ......omplied with, though it is obligatory on the part of the employer to take into consideration the gravity of misconduct and the previous record of the worker, if there be any. Though the compliance of provisions of sub‑section 6 of section 18 of Employment of Labour (Standing Orders) Act is obligat..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 ......ain any doubt about the jurisdiction of this Admiralty Court Act of this Court. Accordingly, the application for rejection of the plaint on the ground of want of jurisdiction can not be accepted. The provisions of Civil Procedure Code for rejection of the plaint have not been made applicable to Admi..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. ......ot be taken or to show cause against such surrender within the period fixed, the respondent acted illegally in publishing the case holding in the 'ka' list of the abandoned building under the provisions of section 5(1) of the Bangladesh Abandoned Building (Supplementary Provisions)..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
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. ......tice because it is the duty of a court not only to do justice but also to ensure that justice is being done in order to enable the court to find out the truth and render a just decision, the salutary provisions of section 540 of the Code (section 311 of the now Code) are enacted where under any cour..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....tance of the plaintiff Bengal Water Ways Ltd. is directed against an order dated the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upon an application for temporary mandatory injunction arising out of Title Appeal No. 51, of 1990. 2. Short facts giving rise to......Against the aforesaid claim of the defendant-Authority, the plaintiff filed an appeal before the Chairman BIWTA (defendant No. 2) which was awaiting disposal. It was alleged by the plaintiff that the provisions of the Inland Mechanically Propelled Vessels Act, 1917 or any other law do not authorise ..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. ......ury, JJ has considered in detail the question of sui juris in the case of Sumati Begum Vs. Rafiqultah and another, reported in 44 DLR 500. In that case the learned Judges have considered the relevant provisions of the Penal Code along with Children Act 1974 and came to the conclusion that on the bas..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....ed that the authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose.
18. So, the communication of the grounds is mandatory under Article 33(5) of the Constitution although there is no provision for suppl......দেশ প্রদান করিলেন”।
10. The relevant portion of section 3(1) of the Foreigners Act, 1946 is as follows:
3(1) The Government may by order make provisions either generally or with respect to all foreigners or with respect to any particular fore..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
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 ......e not disputed, but it has to be seen whether the same are applicable in the facts and circumstances of this case. The main question is whether in fact there has been complete non‑compliance of the provisions of section 342 CrPC and whether the accused has been prejudiced thereby. There is no deni..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 ......ned 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 affected by the provisions of the said Order and the Court of settlement can make such decision on the prayer of the..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....scellaneous Case is pending for disposal. In the meantime when the suit was taken up for peremptory hearing on May 18, 1981 the opposite party filed an application for amendment of the plaint seeking mandatory injunction for restoration of possession. The petitioner contested the amendment on the gr...... 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. ..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 ......admitted by the learned Advocates of both the parties that at the lime of acquisition of rent receiving interest under the SAT Act field survey operation for preparation of record of rights under the provisions of Sylhet Tenancy Act 1936 in the suit locality was going on and ultimately the record of..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
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 ...... learned Advocates as aforesaid, it is necessary to decide two issues, number one, whether the writ proceedings under Article 102 of the Constitution are civil proceedings and, number two whether the provisions contained in the Code of Civil Procedure can be suitably applied to the writ proceedings...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 ...... attention to sections 3 and 29 of the Limitation Act, 1908 which is to the following effect: "3. Dismissal of suits, etc. instituted, etc, after period of limitation---subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and a..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....s of the said resolution and also failed to take notice of the fact that the petitioner continued as a member of the Bar Association even after the aforesaid resolution. He further submitted that the mandatory requirements of the Constitution of the Bar Association were not complied with and that th...... meeting of the Executive Committee of the Association held on 20.4.87 it was resolved that those members of the Association who by taking up employment elsewhere are unable to practise the aforesaid provisions of the Constitution should be made known to them in writing and in the general meeting of..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
......them with reference to their respective dates of retirement the object of the enhanced rate of pension is denied to one class of pensioners, and as such, the object is not achieved. Consequently, the provisions contained in the legislative enactment or governmental action denying the benefit of enha..
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
......3 of the Contract Act, which reads as follows:
"23. The consideration of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent; or involves or implies injury to the person or property of a..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
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