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....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......rotest Ext. C recorded by the master of the ship and in support of his contention he relied on sub-clauses (c) and (d) of clause 2 of Article IV of the Carriage of Goods by Sea Act 1925 and decision reported in 22 DLR 596. He further submitted that damage by sea water and rust having not b..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......the lands not covered by the aforesaid 832 acres which was finally approved by the Board of Trustees of the former Dhaka Improvement Trust in its meeting held on 27.7.66.
5. In view of the above decision, it is alleged, that the Baridhara Residential Scheme was approved to the extent of 832 acr..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......e property of her minor children though they are under her custody and as such the agreement Ext.1 is void and cannot be enforced against the minors and in support of his contention he relied on some decisions. Mr. Aulad Ali, learned Advocate appearing for plaintiff respondent submitted that in view..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....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
......e 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 decision was taken against the delinquent is no evidence in the eye of law and those are mere statem..
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
......under section 96 of the State Acquisition & Tenancy Act and the said application was allowed on 13.3.1986 in Miscellaneous Case No. 71 of 1981 by the learned Subordinate Judge, Lakshmipur and the decision was upheld by the superior courts. Munsurul Haque thereafter, trespassed into the suit land..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
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 ...... of such delay in lodging the same and hence such unexplained inordinate delay casts doubt on the prosecution story. In support of his contention, the learned Advocate for the appellant relied upon a decision in the case of S Mohsin Sharif Vs. State reported in 7 DLR 186 and also relied on another d..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 ......t Petition No. 899 of 1992. Judgment Habibur Rahman Khan J.—On an application filed by Md. Mostafa Miah a Rule Nisi was issued calling upon the respondents to show cause as to why the decision and order dated 11. 11.91 passed by the First Labour Court, Dhaka in complaint case No. 37 ..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 ......ating the ship and supply of the necessary was for life under distress. From such statement it is to be seen whether those disclose a cause of action for salvage within the meaning of the law and the decision in this regard. Carver in his treatise "Carriage by Sea" 12th Edition in Chapter ..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. ......resident's Order 16 of 1972 and the decree is binding on the Government until it is set aside by a court of competent jurisdiction and the decree stands against the Government and referred to the decision in the case of Rahela Khatoon Vs. Chairman, Court of Settlement reported in 45 DLR 5. Mr. C..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 ......t;The word 'case' in section 115 does not always mean the whole suit. It is of a very wide import and means any state of facts juridically considered. This meaning is wide enough to include a decision on any substantial question in controversy between the parties affecting their rights, even..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.
......lar in support of the allegations which obviously are vague, we are of the opinion that the learned Subordinate Judge in passing the impugned order committed error of law resulting in an error in the decision occasioning failure of justice which calls for an interference under section 115 ..
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. ......is name was mentioned in the charge sheet and his statement was also recorded by the learned Magistrate under section 164 CrPC and that being so, he is a necessary witness to be examined for the just decision of the case but attendance could not be procured earlier as he was outside the country for ..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 ......dure and therefore it is appealable under Order 43 rule 1(r) of the Code of Civil Procedure. In support of his contention, the learned Advocate for the appellant has referred to a number of decisions vide 31 DLR 386, in the case of Secretary, Dacca Club Ltd. Vs. Mustafa Jamal; AIR 1964 (As..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. ...... 16 years. 17. In support of his above submission that 2 girl becomes sui juris at 16 years of age Mr. Amirul Islam, the learned Advocate appearing for the alleged victim girl, relies on several decisions. 18. He cites the case of Jahanara Begum allias Jotsna Rani Saha Vs. State and anothe..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
......ound of the aforesaid papers and documents Mr. Rokonuddin Mahmood, the learned Advocate appearing for the defendant No. 1 appellant, submits that in this appeal the following should be considered for decision:
(1) Whether the plaintiff was a party to the contract which was alleged to have been ..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
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 ......f judgment of the case, whereas according to the statute, the trial ought to have been concluded within (240+30) = 270 days i.e. there was a delay of 22 days in the conclusion of the trial as per the decision cited by him in the case of Nayan @ Fadul Haq Vs. State reported in 38 DLR 415, is wrong an..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 ......s 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 applicant as it deems fit under section 10(5) of the said Ordinance&he..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. ......it and injunction was granted against the petitioner the trial Court did not commit any error of law leading to failure of justice in allowing the amendment of the plaint. He placed reliance upon the decision in the case of Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choud..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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 ...... proceedings and, number two whether the provisions contained in the Code of Civil Procedure can be suitably applied to the writ proceedings. 9. Regarding issue number one, Mr. Ahmed has cited a decision of the Supreme Court of Pakistan reported in PLD 1970 (SC) I (Hussain Bakhsh Vs. Settlement..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 ......onsidered and settled. Since these cases had bearing upon numerous other Rules issued by this Court and the Bar desired that there should be an amicus curiae to help the, Court to arrive at a correct decision, Mr. SR Paul the senior most Advocate of the Bar was requested to assist the Court as amicu..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
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