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Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....r alia, that defendant No.1 had no power or authority to enter into an agreement to sell the suit property at the time mentioned in the plaint and allegation of extension of the agreement for sale is totally false and the alleged execution is illegal; that plaintiff's claimed agreement having be...... 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. ......nd 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
....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
......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
...... evidence was recorded and instead only some witnesses were examined under section 161 CrPC. It is, further submitted that there being no evidence the Superintendent of police was bereft of jurisdiction to make the order of dismissal on the basis of the said enquiry report. It is further s..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....the Respondent No. 2 'issued two notices in the Land Acquisition Case No.2 issued two notices in the land acquisition case No. 9 of 1985‑86 in respect of 38 decimals out of plot No. 3730 out of total 0.71 decimal and in respect of 0.18 decimals of plot No. 3731 out of total 0.47 decimals total......ration 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 25.9.1986 and it appears that the case was also disposed of in his absence by order dated 16.10.1986 by the Board. The order of the requisition does not disclose the p...... 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
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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)
....erved on the aforesaid defendants but with no favourable result. Accordingly, he filed the suit claiming US Dollar 5880.00 as wages as per schedule to the plaint with a claim of interest @ 20% on the total demand per armurn and ultimately sought for a decree for US $ 10,880.00 with interest thereon ......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 ..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.
......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.
...... 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)
....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 ......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 ......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 ......(2) of the Biman Service Regulations. The learned Advocate submits that the petitioner only assisted his friend, the proprietor of M/s. Kazi and Kazi Motors, with regard to his offering tender in his absence being pressed by moral duty and he neither obtained the car for himself nor made any financi......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 ..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)
....s 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 freight will be payable on the basis of total 3000 M/Tons. (d) On 2nd trip (for 2000 M/Tons) if vessel floats after lightering less tha......MUNIM, CJ in the case of Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR (AD) 188 observed "the views expressed above seemed to be correct and I am of the opinion that in the absence of express provision in the Code of Civil Procedure or Rules of the Admiralty Court it may e......leged that the demand for payment of the said amount was returned by the demand of the advance paid by the master. 3. Mr. Mahmudul Islam seriously contends that this Court is not vested with the jurisdiction to entertain the plaint as claim does not relate to salvage. He says that unless the cl..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....d 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 of Taka 10,000:00 and delivered vacant possession of the house and executed a de......ced the petition and the affidavit-in-opposition together with the Annexures and submitted that the respondents acted without lawful authority in treating the property as an abandoned property in the absence of any formation of the opinion by the Government, that the absence of the original lessee f......legally in holding that the transaction is hit by Article 6 of the President's Order 16 of 1972 and the decree is binding on the Government until it is set aside by a court of competent jurisdiction and the decree stands against the Government and referred to the decision in the case o..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)
....status quo vacated by him during the pendency of the Miscellaneous Appeal, the learned District judge, in our opinion, should not have sent the appeal back on remand to the trial Court on such ground totally ignoring and without any reference to the order for maintaining status quo passed by this co......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 ......d. Swaleh Vs. UG and Fodder Agencies, reported in 16 DLR (SC) 155, 160 wherein it has been held by their Lordships: “when the High Court is seized of the case in the exercise of revisional jurisdiction it can in accordance with section 115 CPC make such order in the case as it thinks fit...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.
......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.
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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. ......s also recorded under section 164 CrPC by the Magistrate but he could not be produced by the prosecution at an early stage as he remained out of the country for a long time and for that matter in the absence of his evidence the prosecution will be highly affected but on the contrary his examination ......al mind to this aspect of the matter there has occurred miscarriage of justice and hence the impugned order cannot be sustained. The learned Advocate candidly admits that the section 540 CrPC confers jurisdiction on the trial Court to examine additional witness and the power so conferred is wide but..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 ......porary injunction is accompanied by an interim injunction, the order in that case would be appealable. His Lordship Kaikaus, J, however observed in his decision reported in PLD 1954 (Lah) 151 that in absence of a special provision made under a particular order under a particular rule, the order as w......es was required to be done twice a year under the provisions of said Act and that stopping of the issuance of the Time-table for the plaintiff vessel by the defendants was bad, illegal, void, without jurisdiction and inoperative. It was alleged that the defendant No. S informed the police by his let..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 ..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. ......ding to which Medical and Radiological reports may be off the mark by one or two years. Yet again, there are decisions according to which none of the certificates can be held to be sacrosanct. In the absence of the practice of registration of birth in the official register kept by any public authori...... 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
....ndustries Limited which was duly incorporated. So, schedule-1 is for loss of business and schedule-2 was the expenses incurred by the plaintiff for formation of the company. But due to negligence and total failure of the defendant No. 1 the company did not or could not do any business of fishing for...... 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
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Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... 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
......22. In the case of People's Republic of Bangladesh Vs. Abdul Hoque, 1982 BLD (AD) 143 it was held that "the respondent was born in the territory now comprised in Bangladesh but his temporary absence is covered by the proviso quoted above and the law says "he shall be deemed to continue...... 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
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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 ......ild out of the wedlock and that Rasheda had immoral character and there was quarrel in between the husband and the wife and some time victim Kalam's wife demanded divorce from him and that in the absence of Kalam other persons used to visit his wife; that on 25.12.87 at about 9 0' clock in t...... 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 ......ners, that she managed her property till that date and that the petitioners are owning and possessing the property since that date as purchasers thereof become also highly probable and more so in the absence of any positive evidence suggesting otherwise. Thus the findings of the Court of Settlement ......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 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... 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. ...... 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. ......s judgment I must observe that the plaintiff has a remedy in a properly instituted suit. Mr. Rahman points out to me that in the event of filing fresh suit there will arise complications of pecuniary jurisdiction of the court. That may arise but that will not stand in the way of the plaintiff to ins..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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