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Trans Oceanic Steamship Co. Ltd. and another Vs. Adamjee Insurance Co. Ltd. and another, 1993, 22 CLC (HCD)

....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 ......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 ......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 ......but they utterly failed to discharge the same. In view of the same, we find no merit in the contention of the learned Advocate for the appellants in this respect 14. In the case of Albert David (Bangladesh) Ltd. Vs. Brosterm Shipping Company Limited and two others reported in 34 DLR 362, plaint..

Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

....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       ......wyers Involved: Khondker Mahbubuddin Ahmed with Mirza Hossain Haider, Advocates—For the Petitioners. Ziaur Rahman Khan, Advocate—For Respondent No. 1 Aminul Hoque, Attorney General with Md. Altafur Rahman, AAG and Mir Hashmat Ali, AAG—For Respondent No. 2. ......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       ...... Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagong , 13 DLR 804 ; Akhtaruddin Khan Vs. Province of East Pakistan, 15 DLR 1 ; Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others 27 DLR (AD) 65 our Appellate Division. Lawyers Involved: Khondker Ma..

Category: Constitutional Law, Property Law | Date: 22 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)

.... communicated to the petitioner by his Memo No. 76/ (RO)) dated 19.1.88 giving reference of the order No. 106 dated 14.1.88. Against the Appellate Order the petitioner preferred representation to the Inspector General of Police, Bangladesh who by his Memo No. Cell (nn) 63-88/648/1 dated 24.9.88 reje......ted to the petitioner by his Memo No. 76/ (RO)) dated 19.1.88 giving reference of the order No. 106 dated 14.1.88. Against the Appellate Order the petitioner preferred representation to the Inspector General of Police, Bangladesh who by his Memo No. Cell (nn) 63-88/648/1 dated 24.9.88 rejected the p......is of no legal effect, or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts of the case, briefly, are as follows: The petitioner joined the Police Department as a Constable with effect from 11.1.75 and his constable number was 777. While at...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Ayub Ali (Md.).......................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and..

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)

.... 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   ......ition proposal but neither the petitioner nor anybody of the recorded tenants filed any  objection against the acquisition proposal within 15 days or thereafter and the Government vide Order No. General 1/84/102(68) Requisition dated 31.1.1984 accorded approval on 24.6.1986 confirming the acqui...... 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   ...... 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

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   ......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   ......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   ......n the safe custody of this Court. Let the vessel MV Stern now lying at Chittagong Port, Chittagong be released from attachment/arrest and the said vessel be allowed to leave the territorial waters of Bangladesh." 2. By the application the plaintiff‑petitioner seeks to encash the aforesai..

Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3

Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)

...., in default to suffer Rigorous Imprisonment for 6 months more. 2. The case was started on the basis of a formal FIR dated 22.1.1992 lodged with the Sabujbagh PS Dhaka by P.W.1 Md. Abdur Rashid, Inspector, CID Bangladesh alleging, inter alia, that on 30.10.91 at 8.30 AM on receipt of a secret i......যবস্থা গ্রহণ করিতে পারিবেন। ” From a reading of the aforesaid provision of the Narcotic Control Act, 1990, it appears that if the Director General or any Officer authorised by him or the Police Inspector or the Customs Inspector or BDR per......Saha along with 3 others including a lady named Parvin Begum who was alleged to be the wife of accused‑appellant Ashok Kumar Saha. Thereafter, the accused persons were produced before the Sabujbagh Police Station and a GD Entry was made and on that basis the accuseds were produced before the Chief......nchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. State, 27 DLR 155; Nazir Ahmed & ors. Vs. State, 1985 BCR 279; Ismail Munshi Vs. State, 33 DLR 5; AKM Reza and others Vs. State, 9 DLR 594 Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Bhagaban Chandra Chakma Vs. State , 1987 BLD ..

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     ......petitioner served the grievance petition on 4.3.90 but he did not receive any reply. It was alleged that the dismissal order was mala fide and arbitrary and violative of Biman Service Regulations and General Law of the country and also is a colourable exercise of power and has been made with mala fi......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     ......warding the punishment, the dismissal of the petitioner from service is unlawful……………………..(8-10) Cases Referred to- Md. Torah Ali Vs. Bangladesh Textile Mills Corporation and another, 1989 BLD 383 (relevant page 386); Adamjee Jute Mil..

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     ......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     ......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     ......essel "MV Queen of Heart" and carries on business of shipping in carrying of cargo through river routes and sea ports on rental basis. Defendant 1, MV Tony Best, a sea going vessel, came to Bangladesh with 15000 M/Tons of cement at Chittagong and thereafter she sailed for Mongla Port. She ..

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. ......AD) 116. Lawyers Involved: Khademul Islam Chowdhury with Mohammad Ali, and Muslima Khanam, Advocates‑For the Petitioner. Saidur Rahman with Abdul Mannan Bhuiyan, Assistant Attorney‑General‑For the Respondents. Writ Petition No. 580 of 1989. Judgment Mohammad Fazlu......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. ......risdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Respondents Judgme..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

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. ......ILR 24 (Cal) 167,52 Cr LJ (Al) 221 Lawyers Involved: Abdul Malek with Imman Ali and AFM Mushfiqur Rahman, Advocates‑For the Petitioner. Abdul Wadud Khondker, Additional Attorney-­General with AFM Shahid, DAG, Amirul Kabir Chowdhury, DAG and AKM Shamsul Karim, AAG‑For the State...... was stayed. 2. Short facts of the case which have given rise to the Rule are as follows: Sepoy Fazlul Hoque attached to District General Field Intelligence (DGF1, lodged FIR with the Ramna Police Station on 28.1.90 alleging, inter alia, that on the same day at 6‑30 PM Nayek Ali Azam was...... 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)

....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     ......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     ......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     ...... The plaintiff-appellant is a private limited company incorporated 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 ..

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 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   ..

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. ...... 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. ......ghter aged about 14 years was kidnapped from his bhiti (hut) by the accused Abdul Khaleque and others. Pursuant to that the Kendua PS Case No.1 (7) 92 was initiated under sections 448 and 366A of the Bangladesh Penal Code. 3. On the basis of the allegation the victim girl was arrested and produ..

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)

.... 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   ...... 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   ...... 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   ......r of the plaintiff-respondent No.1. 2. The respondent No.1 namely, Amin Fish Farmand Industries Limited being plaintiff instituted the aforesaid suit alleging, inter alia, that the Government of Bangladesh signed an agreement with the Government of the Kingdom of Thailand on 25.3.78 for setting..

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)

.... 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   ...... Republic of Bangladesh, 32 DLR 160;Mir Abdul Qadir Vs. State of Andhra Pradesh, AIR 1967 (Andhra) 105; Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Lawyers Involved: Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney‑General, M. Shamsul Alam, Deputy Attorney‑General, S......er has been living in Bangladesh with all his family members, and his wife, sons and daughters are in Bangladesh although .There is no case or even any allegation registered or lodged in any Court or Police Station against the detenu-petitioner or anywhere in Bangladesh touching his conduct There is......Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Ruhul Amin J Professor Ghulam Azam……..........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka an..

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

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

....ourt that there was direction vide order dated 4.7.88 for further investigation into the case of the learned Magistrate in consideration of the Memo No. 2088 (Noagaon) 924 dated 26.5.88 of the Police Inspector, CID Camp, Naogaon, and also Memo No. C/A 2485 dated 24.6.88 Police Sadar Daftar, Dhaka, a......e rest. 4. Mr. AKM Faiz with Mrs. Salma Masud Chowdhury and Mr. AM Fakhrul Alam, the learned Advocates appeared for the appellants and Mr. Md. Abdus Salam Mamun, the learned Assistant Attorney‑General appeared for the State. 5. At the outset the learned Advocate Mrs. Salma Masud Chowdhur......d the Court that there was direction vide order dated 4.7.88 for further investigation into the case of the learned Magistrate in consideration of the Memo No. 2088 (Noagaon) 924 dated 26.5.88 of the Police Inspector, CID Camp, Naogaon, and also Memo No. C/A 2485 dated 24.6.88 Police Sadar Daftar, D...... 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

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 ...... 7(3) of the said Order and prescribed by rule 3(8) of the Bangladesh Abandoned Property (Taking Over Possession) Rules, 1972 as quoted above. 15. Mr. MA Mannan, the learned Assistant Attorney‑General for the respondent No.2 candidly admits that no such notice was served upon the petitioners.......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 ......the case. 2. This case was filed by the petitioners under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) against the respondent No. 2 Bangladesh, represented by Secretary, Ministry of Public Works and Urban Development, challenging th..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14

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   ......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 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   ......nbsp; (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Develop­ment Board and others............Respondents Judgment May 25,..

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   ...... Involved: Maudud Ahmed with Azizul Haque and SK A Awal, Advocates—For the Petitioners. SR Paul with Bazlur Rahman Chhana, Advocates—Amicus Curiae Aminul Hoque, Attorney‑General with AFM Shahid, DAG and Syed Matiul Islam, AAG—For the State. Criminal Revision ...... 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   ......site Party Judgment      May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, 32 DLR (AD) 1; Bangladesh Vs. Abdul Wahab and others..

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.     ......man‑Ara‑Shelly & Shahina Salam Bari, Advocates‑For the Petitioner. SY Salehuzzaman with Fakrul Islam, Advocates-For the Respondents No.1 & 2 AK Mujibur Rahman, Deputy Attorney-General‑ For the Respondent No. 3. Writ Petition No. 67 of 1992. Judgment Md. Abdul......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.     ......sion (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. ..

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