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.... Munsurul Haque which is designed to oust the petitioner from his ancestral homestead causing ruination of his entire family. The compensation has not yet been assessed and the petitioner is still in possession the land.
3. The Rule has been resisted by the Respondent Nos. 1, 2 and 4 by filing ......reading over in the part of two CS Plot Nos. 3730 and 3731 appertaining to JL No. 63 of Mouza Lakshmipur, Banchanagar, thana and district Lakshmipur. The said plots consist of 0.71 and 47 decimals of land respectively. The petitioner has got Bagan in a portion of plot 3730, a house in a portion of p......cordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......rred before the District Judge, Noakhali being Miscellaneous Appeal No. 58 of 1986, which is still pending and it is not correct that there is any residential building or shed on the acquired land in question in plot Nos. 3730 and 3731 except big tin shed wherein the College has been functioning. Th..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ......that the plaintiff having had taken out of the vessel and signed off, he can not be deprived of his benefit. He argued for payment of the wages relying on paragraph‑229 of Halsbury's Laws of England, Volume‑43,4th Edition page 159. My reading of the said passage is otherwise because of the e...... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ......placed reliance in the case of the Eva reported in (121) P 454 to substantiate his contention of the payment to the seaman. The principle of law enunciated therein does not admit of any doubt but the question is whether the bank guarantee furnished as security for the satisfaction of the decretal am..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....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.
......his court. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. The case of the petitioner‑respondents that one Protab Chandra Das was the land holder and resident of 48, North Brook Hall Road. He possessed considerable movable and immovab......(1994) 90.
......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.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....s. including the informant P.W. 1 but the defence examined none. However from the trend of cross‑examination of the P.W.s, the defence case as transpired was that no heroin was recovered from their possession as alleged and that because of previous enmity and bad terms with the landlord of the hou...... trend of cross‑examination of the P.W.s, the defence case as transpired was that no heroin was recovered from their possession as alleged and that because of previous enmity and bad terms with the landlord of the house over payment of house rents this false case was started only to harass the acc......n any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......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 ..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 ......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 ...... to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......rity from the impression created by the report of the enquiry officer. In the instant case we have already seen that the second show cause notice was served by the authority to the petitioner but the question is whether non‑receipt of the report by the petitioner has caused any prejudice to him in..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)
....eading of "Salvage and wreck" "One who saves, or helps in saving a vessel to which he is a stranger from danger at sea, is entitled to a reward for his services; and if he has obtained possession of the vessel, he may retain possession until he has been paid the due reward". The ......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 ...... also Reported in: 46 DLR (HCD) (1994) 226 ......fterwards from the violence of the weather the vessel is carried away and lost," added that the service "is such as must be paid for whether the vessel is lost or not". 5. Now the question is to be answered: Whether the salvage is done when the ship is in distress on the facts of..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....i-pucca structure thereon by virtue of an agreement to purchase from Ali Mohammad Khan, the original allottee of the Government of erstwhile East Pakistan allotted on 25.10.62 followed by delivery of possession on 13.12.62. Mr. Khan received Taka 9,000.00 as earnest money out of total consideration ......e Government and referred to the decision in the case of Rahela Khatoon Vs. Chairman, Court of Settlement reported in 45 DLR 5. Mr. Chowdhury also submitted that in view of his possession in the case land on the basis of the deed of agreement dated 19.5.71 and subsequent notice dated 8.2.86 issued b...... 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. ......efining part denotes property owned by a person who is either not present in Bangladesh, or whose whereabouts are not known, or who has ceased to occupy, supervise or manage in person his property. A question may arise whether the three sub-clauses are disjunctive or conjunctive. We think they have ..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)
.... being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of Khas possession of the land mentioned in the schedule 'Ga' of the plaint after demolishing constr......nstituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of Khas possession of the land mentioned in the schedule 'Ga' of the plaint after demolishing construction raised, War...... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......s lost its force and the Rule has become infructuous. 10. In view of the circumstances stated above we refrain from making any comment on the merit of the instant revisional application. But the question now before us is whether in such circumstances the petitioner is entitled to have an order ..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.
......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.
......n: 46 DLR (HCD) (1994) 44.
......t Court Khulna against the appellant for realization of money upon the allegations that during his tenure of office as the Managing Director of the plaintiffs company, he misappropriated the money in question.
2. After entering appearance the defendant appellant filed an application under secti..
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. ......he prosecution to make improvement introducing new matter in the case. In this respect reference has been made to the case of Ramchandra Prasad Vs. Emperor reported in AIR 1937 (Patna) 246 wherein Rowland, J observed: "The courts ought to remember that the purpose of section 540 is not to ......ccused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ...... second part, on the other hand, is imperative. If the co finds that new or further evidence sought to examine by the court is essential the court has n option or choice but to take such evidence. Th question then arises as to when the aid of section 540 CrPC can be invoked. The section provides it ..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 ...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents ......r Vs. Inland Water Transport Authority & 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-......n Ghose and others Vs. Bimal Sofia and others, reported in AIR 1983 (Cal) 220 to show that the order of mere issuance of notice is not appealable. 9. Now, before going into the discussion on the question of maintainability of the appeal, let me first quote the relevant provisions of Order 39, r..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....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 ......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 ......t. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......the extent of the property they inherited from her. but the Plaintiff-Bank instituted the suit against her husband and only one son and, as such, the suit was not maintainable. 7. Since the main question in this appeal centered round the question of limitation and since the trial Court did not ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
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. ...... 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. ...... 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. ......llias Jotsna Rani Saha Vs. State and another reported in, 15 DLR 148 wherein it has been held, "When a person brought before the court is aged 16 years or over, the will of such person, when the question before the court is whether she (or he) should be detained or allowed to go from Court'..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... 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
......citizen by birth and a permanent citizen of Bangladesh and never acquired any other nationality and used Pakistani passport as a travel document to facilitate his stay abroad and to travel to his own land. Since then the detenu-petitioner has been living in Bangladesh and he got his visa extended tw......rty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......void.
20. In the case of Muhammad Hashim Vs. State, reported in PhD 1956 (Karachi) 485 in which the applicant was put in detention under the Baluchistan Public Safety Regulation wherein the same question came up before a Division Bench of the Karachi High Court and it was held that "readin..
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 ...... 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 ......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 ......ct was submitted. In support of his submissions Mr. Mamun, the learned Assistant Attorney‑General, has referred to a decision in the case of State Vs. Abul Kashem reported in 27 DLR 342 wherein the question of re‑investigation and further ‑investigation has been elaborately discussed and a dis..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)
....hen it is automatically vested with the Government in view of Article 4 thereof on the commencement of the said Order. There may be two categories of abandoned properties; abandoned properties not in possession of any person or abandoned properties in possession of any person. 11. Article 7 of ......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 ......6 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 ......annan, AAG‑For the Respondent No.2 Writ Petition No. 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 19..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....perty belonged to Nowab Estate, Dhaka and subsequently was managed by Court of Wards. The opposite party after taking settlement of the suit land from the Chief Manager of Nowab Court of Wards was in possession on payment of Salami and rent. During his peaceful possession as owner, some of the emplo......r. His case was that the suit property along with other property belonged to Nowab Estate, Dhaka and subsequently was managed by Court of Wards. The opposite party after taking settlement of the suit land from the Chief Manager of Nowab Court of Wards was in possession on payment of Salami and rent.......;………………………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))...... 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)
....er Das being dead his heirs………………….Respondents Judgment June 21, 1993. Result: The appeal is allowed. It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the plaint......tious 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 the plaintiffs in the ......ost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......in-interest of the proforma defendants and it was their vacant Khas land and finally published Khatians Ext. A series recorded the same in the name of the said landlords as their Khas land. The question in whether the said landlords settled the same with the plaintiffs and or the plaintiffs ac..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....merit of this case is concerned the submission is, that the seizure list witnesses have not proved the seizure and the fact that the petitioner belonged to armed Forces and had licensed pistol in his possession. So there was no illegality in retaining licensed pistol. The seized unlicensed weapons m...... 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 ......riminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......€‘General with AFM Shahid, DAG and Syed Matiul Islam, AAG—For the State. Criminal Revision Nos. 1155, 1679 of 1992. Judgment AKM Sadeque J.—These two Rules involve a common question of law touching upon the fate of similar other Rules pending in this Court. These Rules cal..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ...... practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......the petitioner in view of section 6(c)of the General Clauses Act. In this connection a reference may be made to the case of Shamsuddin Ahmed Vs. Bangladesh, reported in 44 DLR (AD) 203 wherein a question arose whether the appellant, who was an Advocate of the High Court of Bangladesh immediatel..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
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