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Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... Banu and Mehar Banu and a widow Hasan Banu Bibi; mat the suit property measuring 74 decimals with two rooms fell in the exclusive allotment of Ahmed Hossain by amicable family arrangement though sometimes rent was realized jointly; that Ahmed Hossain died leaving the defendant No.1 as his widow, de...... 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.   ..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....departmental rules and discipline of Police and accordingly the departmental proceeding No. 12/87 was started. 4. The departmental enquiry having been started, the petitioner showed cause within time against the said charge stating that while the petitioner and his companion constables were on ......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 ..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

....aim or objection on receipt of the notice under section 6 of the Ordinance as to ascertain the quantum of his land affected in the plots or reported any facts before the land acquisition staff at the time of joint verification in the field on 24.5.1986‑at the initial stage of the proceeding. There...... 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   ..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another Vs. Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Cho-wdhury and others, 1993, 22 CLC (HCD)

.... 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 immovable properties. At the time of his death he left behind his widow Preomoyee Das and son Shirish Chandra Das. Wife of Shiris......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)

....the FIR but the delay could be explained in the way that the informant was not sure as to whether the recovered and seized powder actually contained heroin or not and hence the police waited for some time i.e. till arrival of the report of the chemical examiner on 19.12.91 and thereafter lodged the ......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

South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)

....sel containing the following terms: (a) Total quantity of cement to be lightered 4000 M/Tons. (b) Vessel will lighter 2000 M/Tons each trip in order to maintain safe navigable draft all the time. (c) During the first trip if vessel floats after loading 1st 2000 M/Tons or less, dead fr......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     ..

Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....r whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property including- (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against th......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. ..

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)

....acated the order of status quo by his order of the same date i.e. 4.2.93. 7. Being aggrieved by the aforesaid order the petitioner preferred this revisional application before this Court. At the time of issuance of the Rule this court directed the parties to maintain status quo for a limited pe......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     ..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....ed order No.19 dated 29.8.89 against which the defendant has preferred the miscellaneous 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 tha......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. ..

Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3

Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)

....ng concluded their argument the learned Sessions, Judge heard the argument for the defence for 2 consecutive days and thereafter another date was fixed for further argument by the defence. In the meantime the case was referred to the High Court Division by the Sessions Judge for its withdrawal from ...... 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. ..

Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

....To fix maximum fares and freight rates for inland water transport on behalf of the Government as provided in section54(A) of Inland Mechanically Propelled Vessels Act, 1917; (vi) To approve time-table for passenger services; That on 16.2.1977 the plaintiffs vessel 'ML Rokeya' ......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     ..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

....mined separately by a Radiological expert and a Medical Learn headed by the Civil Surgeon, Netrokona. The Radiological report fixed the girl's age, "about 16‑18 years" but at die same time the report suggested that a medical examination should be carried out before fixing the girl...... 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. ..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Trang Ice and Cold Storage Company Limited Vs. Amin Fish Farm and Industries Ltd. and others, 1993,22 CLC (HCD)

....r further case that in spite of best effort the defendant No. 1 could not supply the four trawlers as agreed in the charter party agreements, between them. It was further alleged that at the relevant time the weather was bad and unfavourable, and cyclonic weather was running in the sea. In a word, t...... 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   ..

Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

.... the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, re...... 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   ..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

.... Hat at about 5‑00 PM and after completing his marketing he returned home. Subsequently on query he came to know from the wife of victim Kalam that he (Kalam) had not returned home. Then after some time he with his cousin Helal went to the said Hartidanga hat in search of the said victim Kalam and...... 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   ..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

.... 42 of the Specific Relief Act. Their specific case is that Syedunnessa Chowdhurani, Khan Bahadur Gousuddin Ahmed Chowdhury and others did. never settle the suit land 40 years ago or at any time with the plaintiff's at an annual rental of half a maund of paddy per keder or any rent nor......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 ..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

....conferred upon the High Court by section 561 A CrPC can be exercised by it for limited purpose at least in respect of pending cases pending before the Special Tribunal. It may be observed that at the time the appellate and revisional jurisdiction of the High Court over the Special Tribunal had been ...... 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   ..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)

....he was debarred from practising in the Supreme Court under rule 66(1) of the Bangladesh Legal Practitioners and Bar Council Rules, 1972. A copy of the extract of the said resolution was for the first time handed over to the petitioner in the Court room as directed by the Court. The hearing of the ca......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.     ..

Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....ation have mainly claimed superannuation pension for all pensioners 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 ......m 1.7.74 by issuing Notification No. MF,(IC)‑ I 1‑ 14/74 dated 21.1.74 the rate of pension was fixed at 60% of the last pay drawn on completion of 25 years of service. With effect from 1.7.77 the scale of pension was again revised by Notification No. MF (ID) ‑ 1‑2/77/856 dated 20.12.77 where..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....aintiff Unnayan Parishad and can use the land for the best utilisation for the Railways. The defendant claims that the suit of the plaintiff Unnayan Parishad is liable to be dismissed. 4. At the time of trial, three witnesses were examined on the, side of the plaintiffs as against one on the si......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   ..

Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2