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Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....vil Revision No. 110 (fm) of 1992. Judgment Muhammad Ansar Ali J. — The First Miscellaneous Appeal at the instance 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 a......essel of the appellant may not give effect to Memo No. FC/ B-00/0/1504 dated 15.4.92. Copy of the petition filed herewith. Heard, Copy of the petition is not served on other side. However, issue notice upon the respondents to show cause within 2 weeks from the date of receipt thereof as to why ......mp; others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal;..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....ocates—For Respondent No. 1 Appeal from Original Decree No. 66 of 1987. Judgment Mohammad Ismailuddin Sarker J. - This appeal by the Defendants is against the Judgment and Decree dated 18.3.87 passed by the learned Subordinate Judge and Commercial Court No. 1, Dhaka, in Money Su......not be encased by the Bank; that after her death, the Defendants did not pay any heed to the demands and requests of the Bank to liquidate the outstanding dues; that ultimately, the Bank issued legal notice on the Defendants on 10.4.81 demanding payment of the dues and that the cause of action for t......ttara Bank Limited. instituted Money Suit No. 162 of 1981 on 28.5.81 in the Court of the Subordinate Judge. 3rd Court, Dhaka, which was later on renumbered as Money Suit No. 657 of 1984. on transfer, for a decree of Tk. 1,07,099/08 with interest from the Defendants-Appellants, on the allegations, in..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....irl on the ground that she is a minor girl, not yet 14 years old. The application was numbered as Criminal Misc. Case No.477 of 1992. 6. The alleged victim girl also filed a petition on the same date, clearing that she is an adult and 20 years old and understands the realities of life and as su...... 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. ......t. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....adesh on 22.11.1971 for Lahore and could not come back to Bangladesh in spite of his best efforts. While he was outside the country he was disqualified to be a citizen of Bangladesh by a Notification dated 18.4.1973 along with others while he was in London. In response to a Notification of the Gover......of the detenu-petitioner is prejudicial to Bangladesh. On 24.3.92 a contingent of Police arrived at his residence and broke the front gale, awoke the detenu-petitioner in the early hours and served a notice dated 23.3.92 asking him to show cause by 10-00 AM on the same day as to why he should not be...... respondents, namely, Bangladesh, represented by the Secretary, Ministry of Home Affairs and others to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawfu..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....-This appeal at the instance of appellants, (1) Md. Abul Khayer, (2) Md. Idris Ali, (3) Md. Abdul Karim alias Karim and (4) Abdur Rahim arises out of the judgment and order of conviction and sentence dated 11.8.91 passed by The learned Sessions Judge, Naogaon in Sessions Case No. 24 of 1990 arising ......contended that in the instant case, the 342 examination of the accused was not done in accordance with law. It is his contention that the incriminating circumstances ought to have been brought to the notice of the accused at the time of his examination under section 342 of CrPC. He has drawn our att......e 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 that on 9.1..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)
.... 90 of 1988. Judgment Mohammad Gholam Rabbani J.-By this application under Article 102 of the Constitution the petitioners call in question the judgment and order of the Court of Settlement dated 8.9.87 passed in Case No. 250 of 1987 dismissing the case. 2. This case was filed by the ......4, 1993. Result: The Rule is made absolute. The listing of the properties in the (Kha) lists of abandoned properties and publication thereof in the Official Gazette in respect of which notices under Article 7(3) of the President's Order No.16 of 1972 have not been issued will be p......erties are abandoned properties or whether the claimants thereof have got title thereto will not be required to be decided as according to section 7(1) of the said Ordinance. Any person can pray for exclusion of any building to him from the list of abandoned properties without praying for any o..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....l from Original Decree No. 8 of 1979. Judgment Kazi Ebadul Hoque J. -This appeal at the instance of the principal defendant defendant Nos.1 to 13 is directed against the judgment and decree dated 30th November, 1977 passed by the Subordinate Judge, First Additional Court, Sylhet, in Title ...... the said Toka farags were granted in his presence. He admitted in cross-examination that the landlords had a big sheristha and had printed farags and dakhilas and other registers. As we have already noticed that the said Toka farags are neither in the name of any of the plaintiffs nor in respect of......en occasional surreptitious acts of possession on the part of the plaintiffs 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 ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....ed there from March, 1979 to May, 1980; that thereafter he was transferred to Chittagong as Executive Engineer in charge of electric supply, that while at Chittagong he was served with a charge sheet dated 3.9.80 containing thirty‑two charges of which sixteen charges related to the period of his s......tting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit. (2). No order shall be made under this rule unless notice of the application has been served on the opposite party". 7. Mr. SR Pal has alread......pugned office order being No. 1258 PDB (E & B)/2A‑27/75 dt. 7.12.82 as at Annexure‑'C' to the writ petition. 3. Petitioner's further case is, that during the pendency of the aforesaid departmental proceeding, he was placed under suspension by the office order dated 20.11.82 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....Jalil J.- This Rule, at the instance of Mr. Moudud Ahmed, an Advocate of this Court, was issued calling upon the respondents namely, the Bangladesh Bar Council and others, to show cause why the order dated 31.12.91 passed by the Bangladesh Bar Council in Appeal No.2 of 1991 dismissing the appeal sho......er on 6.8.91 addressed to the President of the Supreme Court Bar Association stating that he had no knowledge of such resolution nor any such decision was ever communicated to him, nor any show cause notice was issued and requested the President to allow the petitioner to deposit his arrears dues. I......mp; 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and othe..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....ensioners on the basis of calculation of their pension according to pay as on 1.6.85 of the respective posts which the pensioners held at the time of their retirement irrespective of their respective dates of retirement. In short, they claim pension to be calculated on the basis of "presumptive......ation is a "person aggrieved" within the meaning of Clause (1) and Clause (2) of Article 102 of the Constitution. It is, therefore, entitled to maintain this writ petition.
22. We have noticed the decision reported in 43 DLR 424. In this case, the Bangladesh Sangbadpatra Parishad whic......Md. Sirajul Hoque AAG—For the Respondent No.1.
Writ Petition No. 313 of 1989.
Judgment
Naimuddin Ahmed J.— In this writ petition the petitioner No.1 which is an association for the welfare of retired government employees and the petitioner Nos. 2 and 3 who are retired gove..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....ash;For the Respondents.
First Appeal No. 53 of 1985
Judgment
Md. Abdul Karim J. — This First Appeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dism......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
......ppeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....e the wife of the detenu challenging the detention of the detenu on various grounds. It is alleged that on 10.9.93 the detenu was at first arrested in connection with Muladi Police Station Case No. 4 dated 11.9.93 under section 19A of the Arms Act and thereafter, the order of detention was passed. I...... facts giving rise to these criminal cases cannot be used as grounds of detention by the detaining authority for passing an order of detention under section 3 of the Special Powers Act, 1974. We have noticed the decision of the Appellate Division reported in 45 DLR (AD) 89 and placed before us by th......hid, was taken into custody in execution of an order of detention passed by the District Magistrate, Barisal on 24.9.93 under 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 deten..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....aintainable, and having never wished to relegate her to the long drawn process of a litigation, decided to proceed with the matter early and directed the minor to be produced before this court on the date fixed and after having viewed the father, the mother and the minor boy we had been happy to see......provisions of Article 102(2) (b) of the Constitution is very wide in nature as it provided that any person, and not only aggrieved person as in mandamus or certiorari or quo warranto, can take to the notice of the Court that some body is illegally detained by any person and pray for a declaration th......Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration A petition in the nature of Habeas Corpus for the custody of a minor, whether would be equally competent without sending the petitioner before..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....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 Notification No.SRO 237‑L/80/ SIV/ MWB10/80/172 in exercise of it......publication of such notification. (5) Where after publication under subsection (1) or sub‑section (3) or after minimum rates of wages declared thereupon have taken effect, it comes to the notice of the Government that there is mistake in the minimum rates of wages so declared, or that an...... the respondents in the said IRO Case did not pay the said wage to the petitioner of that case who is the respondent No. 2 in Writ Petition No. 68 of 1988. As such, he filed IRO Case No. 78 of 1984 before the First Labour Court claiming minimum wage of Taka 400.00 per month with effect from 1st July..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....70 of 1987 (Sylhet). Criminal Revision No. 70 of 1988 (Dhaka). Judgment Muhammad Abdul Mannan J.—This revision under section 561A CrPC arises against the Judgment and order dated the 11th January, 19871 passed by the Sessions Judge, Sunamganj in Criminal Revision No.: 7/1 ...... remaining paddy of the case land which was not at the Jute harvested kept in the jimma of Nurul Islam, Ex‑Chairman of the local Union Parishad. 5. The opposite parties 1‑4 on receipt of the notice appeared before the learned Magistrate and contested the case by filing joint written objecti...... December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed prop..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....ff‑shoot of the Rule in Writ Petition No. 4 of 1990 being in the nature of a show cause notice upon an application for vacating the order of this Court staying the operation of the Memo No. 8201(9) dated 5.7.92 issued by the Board of Intermediate and Secondary Education, Dhaka which was passed in ......osed of under this judgment as they are closely related. As a matter of fact the Rule No. 2514 of 1992 is an off‑shoot of the Rule in Writ Petition No. 4 of 1990 being in the nature of a show cause notice upon an application for vacating the order of this Court staying the operation of the Memo No......ntiae. In the instant case, the Petitioner having obtained a right to join her post since there was a resolution both of the Appeal and Arbitration Committee and the Board reinstating her to her former post and that right cannot be taken away by the mala fide and motivated letter of the Board t..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....de and sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Tk. 2,000/- each, in default to suffer R.I. for a further period of three months, by a judgment and Order dated 9.5.86, passed by learned Assistant Sessions Judge, 1st Court, Tangail in Sessions Case No.115......s that under Section 342 Cr.P.C. the examinations of the accused were not also done in accordance with Law, because, the incriminating evidences or the circumstances were not brought to the notice of the accused which is mandatory for proper compliance of Section 342 of the Cr.P.......vision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly observed and followed to make the confession voluntary and true in the real sense to be fit for reliance for convicting an accused on his confession……………(7) ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... Anwarul Hoque Chowdhury J.—This Rule, arises out of an application under Article 102 (2)(1) (b) of the Constitution of the People's Republic of Bangladesh and is directed against an order dated 19.5.92 issued by the Assistant Director, Immigration and Passport, Government of Bangladesh, ......e the financing arrangements of Dialogue Publication Ltd. and its sponsors including the petitioner suffered substantial loss as a result of not being able to reach phases II and III. 8. A legal notice was however served on Dialogue Publication Limited for and on behalf of Al‑Baraka Bank Ltd.......sh; Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and reasonably. All these are inte..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....(59) against Serial No.165 under the caption" Mirpur Section 10 C" should not be declared to have been made without lawful authority and is of no legal effect and why the judgment and order dated 24.12.88 passed by the Court of Settlement in case No. 760 of 1987 (Ka‑165, Mirpur, Dhaka) s......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. ...... The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....f Bangladesh and is directed against an order of detention issued by the Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case o......company and the said inquiry reveals the same irregularities as was found on investigation on 13.12.89 which was done almost two years ago. On being reported Bangladesh Bank again issued a show cause notice as to why action under Article 56 of the Bangladesh Bank Order should not be taken against th......District 315B Bangladesh, President of Chatkhil Upazila S amity in Dhaka, a member of the Managing Committee of his local Shahapur High School, Vice President of Wage Earners Association at Dhaka and former Government nominated Director of Baitul Aman Housing Co‑operative Society at Dhaka. He is a..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
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