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....p;……………………………………Respondents
Judgment
January 12, 1994.
Result:
The Rule is made absolute.
Cases Referred To-
Fazlul Huq Chowdhury Vs. Government of Bangladesh, 30 DLR 336.
......udul Islam, Advocates‑For the Petitioner.
None appears-For the Respondents.
Writ Petition No. 1489 of 1988.
Judgment
Kazi Ebadul Hoque J.- In this Rule the respondents have been called upon to show cause why the notification No.SRO 365‑L/86 dated 23.9.1986 published in the Ba......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......ul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another……………………………&..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....d accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, Act 11 of 1947 on admission of his guilt and sentencing him to suffer rigorous imprisonment for 2 years and to pay a fine of Taka 10,000.00, in default to suffer rigorous imprisonment ......d was seriously prejudiced thereby and further the ingredients of the said charges were not proved by examining any prosecution witness and therefore the conviction as passed on the basis of the so‑called admission of guilt by the accused appellant was wholly bad and illegal and the same should be......was a public servant but no sanction was obtained from the Government for his prosecution and hence for violation of the provisions of section 6(5) of the Criminal Law (Amendment) Act 1958, the whole trial was vitiated and the impugned judgment and order of conviction and sentence were bad and illeg......ip;……Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR 514; District Council, Kushlia Vs. Abdul Ghani, 22 DLR 217; Md. Rezzaqu..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... of 1966, FA No. 37 of 1971 is against judgment and decree passed in Money Suit No. 180 of 1966 and FA No. 42 of 1971 is against judgment and decree passed in Money Suit No. 179 of 1966. Appellants also preferred MA No. 48 of 1970 in the court of the District Judge, Chittagong against judgment and d......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
......as noted in the log book. In the absence of any such evidence simply because captain of the ship had sworn protest note before the Notary Public the said allegations cannot be substantiated. Further, trial Court noticed that mate's receipt which is the basic document was made over to the carrier......(1994) 23
..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....ition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withdraw the same and or pass such other order or orde......e to the original owners who are claimed to be as the predecessors of the petitioners. Out of the said 2760 acres of land requisitioned, more or less 343 acres had been utilised by DIT for the scheme called 'Banani Model Town' and remaining 2417 acres of land were kept by the DIT for develop......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
......
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……………………………&h..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....e Rule is discharged.
Cases Referred to-
Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. TR Varma, 1958 SCR page 499 507; KL Shinie Vs. State of Mysore, AIR 1976 (SC) 1980; Abdul Majid Vs. Province of East Pakistan and others, PLD (Dae) 1962 132; ......uching the said incident of 5.4.87 charge was levelled against the petitioner on 6.5.87 by the Superintendent of Police, Patuakhali and while he was in the Patuakhali Police Hospital on 7.5.87 he was called upon to show cause within 7 days of the receipt of the charge as to why he should not be dism......dence (a word used presumably in a popular sense) upon which the tribunal could possibly come to a conclusion. While dealing with such question it was held:
“All the procedures of a modern trial, including the examination and cross-examination of the witnesses and the summing-up, if any, ......rim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
November 10, 1993.
Result:
The R..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.........Petitioner
Vs.
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 ......as Bhiti and Bagan; that the said notices did not spell out the purpose for which the land is acquired. The petitioner thereafter moved the Board of Land Administration and Land Reforms and the Board called for the records which was directed to be sent by 15.8.1996 but the notice was issued on 25.9....... 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
......riginal Jurisdiction)
Present:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September ..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....ndra Das was the land holder and resident of 48, North Brook Hall Road. He possessed considerable movable and immovable properties. At the time of his death he left behind his widow Preomoyee Das and son Shirish Chandra Das. Wife of Shirish Chandra Das was Rajjaswari Chowahurain. Shirish Chandra Das......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.
...... this stage of the appeal and as such we disapprove such conduct of the learned Advocate and accordingly we are rejecting this frivolous application.
21. We have gone through the judgment of the trial Court and we are of the view that the learned District Judge has considered each and every poi......d in: 46 DLR (HCD) (1994) 90.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
.... No. 8, Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonm......e already entered into the house of the accused appellant and made some sort of search without calling for any local witness and then brought P.W. 2, the land lord of the house, only to sign the so‑called seizure‑list. Hence, it is the grievance of the learned advocate for the appellant that the....../1(Ka) of the Narcotic Control Act, 1990 on 18.4.92. The Metropolitan Magistrate thereafter on receipt of the charge‑sheet sent the case record to the Court of the learned Sessions Judge, Dhaka for trial on 18.5.1992. But before that date the accuseds surrendered before the Chief Metropolitan Magi......pondent Judgment September 2, 1993. Result: T he appeal is allowed. Cases Referred to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 BCR (AD) 370; Panchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. St..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
.................................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; As......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 ......rned Advocate for the opposite party, informed the Court that the Miscellaneous Appeal pending before the appellate Court has already been disposed of and the case has been sent back on remand to the trial Court for consideration for the injunction matter and as such the Rule has become infructuous.......vil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mahfuzur Rahman J Wahida Khatun Bibi.....................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Resu..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
.... appearance the defendant appellant filed an application under section 34 of the Arbitration Act, to refer the dispute to an arbitrator in view of an Arbitration Clause in the Articles of Association of the company. The learned Subordinate Judge by his impugned order No.19 dated 29.8.89 ag......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.
......ous appeal No.166 of 1989 under section 39 of the Arbitration Act, allowed the defendant one month's time to refer the dispute to an Arbitrator.
3. It appears from the order of the trial Court that at the time of hearing of the said application the defendant himself signified his ......
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.........................Respondent
Ju..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... said court was transferred to the Sessions Judge, Dhaka where 7 more P.W.s having been examined statements of the accused petitioner was recorded under section 342 CrPC and thereafter two DWs were also examined. The prosecution having concluded their argument the learned Sessions, Judge heard the a......tion of the court. The facts and circumstances under which the observation was made in the above cited cases are different and distinguishable. In the aforesaid case the learned Magistrate not only recalled and re‑examined the witnesses after the close of the case but also allowed the prosecution ......mbed at the CMH hospital where he was taken in injured condition. The police after investigation having submitted charge sheet under section 302 of the Penal Code the accused petitioner was placed on trial before the Additional Court of Sessions Judge Dhaka who examined 5 P.Ws. on 28.2.93. The case ......;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 and examined earlier but his evidence is vitally important for the just and proper adjudication of t..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal; AIR 1964 (Assam) 81 namely United Club, Nowgong Vs. Nowgong Football Association, Nowgong and others; AIR 1988 (Cal) 95 namely Jayjit Singh Khanna Vs. Dr. Rakhal Das Mulli......ted under the Companies Act, 1913 and has been carrying on the business of river transport services in this country. The defendant No.1 Bangladesh Inland Water Transport Authority (BIWTA) hereinafter called the Authority is a statutory body meant for development, maintenance and control of inland wa...... issue to the opposite party. Thereupon, the petitioner filed an appeal in the higher forum which was accepted by the appellate Court and injunction was issued till disposal of the application by the trial Court and that order was challenged in revision by the other side mainly on the ground that th...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....e, 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; Karsondas Dhunjibhoy Vs. Surajbhan Ramrijpal and others A.I.R. 1933 (Bombay) 450; I.L.R. 58 (Bombay) 20......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 ......on died on 8.3.72 leaving behind her husband, Defendant No. 1, 4 sons including Defendants Nos. 2 and 3 and daughters, but the Plaintiff did not make all her heirs parties to the suit. 4. At the trial, P.W.1 Md. Mostafizur Rahman, an officer of the Bank, was examined on behalf of the Plaintiff-......DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....hellip;………………………opposite Party [In Criminal Misc No.536 of 1992] 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...... 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. ...... by the opposite party under oath. The Medical Examination report was neither challenged nor denied on the first opportunity. Only thing her father has done is to submit the school certificate to the trial Court to establish her age which she claims to be incorrect. The alleged victim girl further c......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....tries Ltd. and others...........................Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stra......Government for establishing a joint venture enterprise with a Thai party and ultimately an agreement was entered into on 29th day of January, 1979 in between the plaintiff and defendant No.1 which is called joint venture agreement with the stipulation that they would form a joint venture company to ......joint venture company, it is only this company who can claim compensation and damage, but not the plaintiff who is a share-holder in the new company.
18. We have gone through the judgment of the trial Court. Although, the objection as regards maintainability of the suit was raised, it was not d......ed in: 46 DLR (HCD) (1994) 39
..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....so Reported in: 46 DLR (HCD)(1994) 29
......ch Rule was issued and ultimately the said Rule was made absolute and against the order of the High Court Division, an appeal is pending before the Appellate Division.
7. In this Rule we are not called upon to decide the citizenship of the detenu-petitioner or as to whether he is a citizen of B...... 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
......ofessor Ghulam Azam……..........................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Re..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....cting the said appellants along with 4 other accused namely A. Khaleque alias Khalekul Jamal, Islam and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and acquitting the accused Shakina Bibi. 2. Prosecution case, in short, is tha......covered the dead body and found the same to be of his brother victim Abut Kalam. It was further alleged that accused Rahim, Jamal, Bishu, Khaleq, Razzak, Sattar with the help of other accused persons called his brother away from the Hartidanga hat and killed him at night. On the above allegations th....... On receipt of the charge‑sheet and observing all legal formalities, the learned Upazila Magistrate was pleased to send the case records to the Court of the learned Sessions Judge, Naogaon for the trial. The learned Sessions Judge received the case records on 24.12.88 for trial and registered the......(HCD) (1994) 212 ..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)
.........................Petitioners Vs. Chairman, Court of Settlement and another........................Respondents Judgment June 24, 1993. Result: The Rule is made absolute. The listing of the properties in the (Kha) lists of abandoned properties and publicatio......der the said Order has been issued:" According to sub‑clause (b) as quoted above an abandoned property in possession of any person can only be included in the list of abandoned properties called as the (Kha) list in respect of which notice for surrendering or taking possession as abandon......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 ......orted in: 46 DLR (HCD) (1994) 18 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....Nousher Ali…………………………………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur...... 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. ......f law. 7. Mr. Shah Abu Nayeem Mominur Rahman vigorously canvassed that as the plaintiff was in possession before the institution of the suit 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 ......llip;…………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....is service at Kushtia and remaining sixteen charges related to that at Patuakhali, that he showed cause denying all the charges, that the Enquiry Officers found him guilty of misconduct in respect of some of the charges, that by the office order dated 5.10.82 the petitioner was directed to show caus......respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such ter......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) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25, 1993. Result: The Rule is dis..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
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