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Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ......vestigating Officer submitted the charge‑sheet on 7.2.90 showing that the accused was still in abscondence. Of course he was subsequently arrested on 14.6.90 as stated above. Thereafter, the case‑record was transmitted to the Court of the learned Sessions Judge and Special Judge, Faridpur who to......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

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

....ts are the carrier Steamship Company and its agent. 3. Case of the plaintiff in Money Suit 171 of 1966 is that proforma defendant No. 3 National Trading Company imported 24 bales of cotton piece goods from Karachi per SS Ocean Energy belonging to defendant No. 1 Trans Oceanic Steamship Co. Ltd.......ssed in Money Suit No. 179 of 1966. Appellants also preferred MA No. 48 of 1970 in the court of the District Judge, Chittagong against judgment and decree passed in Money Suit No. 170 of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with thes......dismissed.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 ..

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)

.... agitated and decided by this Court in writ jurisdiction. The learned counsels then submitted that the order of requisition having not been challenged by the original owners who admittedly received a good portion of compensation money the petitioners cannot lay any claim on the said land even if the......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       ......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       ..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

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

.... 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.   ...... proved documents marked Exts.1-9 and the defendant Nos. 2-4 examined defendant No.1 as D.W.1 in support of their respective case. 5. Court below decreed the suit on consideration of evidence on record holding that the defendant No.1 executed the agreement Ext.1 for herself and on behalf of her...... 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)

....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 ......-199 Abdus Salam and C241 Md. Nurul Islam respectively. The appeal of C-199, Abdus Salam was allowed by the DIG Khulna Range and consequently he rejoined his service. It is submitted that the service record of the petitioner is untainted and credited with rewards only but the service record of the o......Khan J. — At the instance of the petitioner Mohammad Ayub Ali a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' shall not be declared to have been passed without lawf..

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   ......gan; that the said notices did not spell out the purpose for which the land is acquired. The petitioner thereafter moved the Board of Land Administration 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 app...... 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   ...... and handing over of the discharge. On taking command of the ship he performed the duties to the satisfaction of the defendant and her owner including others. It is alleged that since his joining the service as Master of the vessel he was not paid regularly the monthly wages and as a result huge amo..

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

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)

....nd free mind she executed the will Ext. 15 in presence of witnesses. P.W. 2 is the attested witness in Ext.15. He stated that Trinayani signed in his presence and others and she was in sound mind and good health P.W.3 is an attesting witness in the will Ext. 7. He proved execution of Ext.7 stating t......apers and documents which have been marked as Exts.1 to 20 (a). The documents and papers filed by the objector‑appellant were marked as Exts. A to Exi. O. After considering the material evidence on record and hearing the parties the learned District Judge passed the judgment on 27th June, 1974 dec......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)

....elf went to call the land‑lord and that others were waiting outside. He denied a suggestion that Ashok was not in that room at that time. He denied a suggestion that he had already kept the alleged goods with him to somehow implicate Ashok in the false case. 15. P.W. 2 is Syed Mosharraf Hossa......€‘sheet against the aforesaid two accused under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 on 18.4.92. The Metropolitan Magistrate thereafter on receipt of the charge‑sheet sent the case record to the Court of the learned Sessions Judge, Dhaka for trial on 18.5.1992. But before that dat......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     ...... Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of t...... the second show cause notice to the petitioner and the previous record of the petitioner having not been taken into consideration before awarding the punishment, the dismissal of the petitioner from service is unlawful……………………..(8-10) Cas..

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     ......n in Chapter 13 spoke under the heading 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 bee..

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. ......t the domicile certificate, non-option certificate, citizenship certificate and reliable evidence of nationality of Bangladesh of the original allottee, who is an immigrant are not forthcoming in the records. The petitioner could not show or there is no material to show that the possession of the sa...... he was served with the notice dated 8.2.86 issued by the respondent No.1, Ministry of Works to surrender possession of the case holding or to show cause against such surrender within 7 days from the service thereof treating the same as an abandoned property. Respondent No.1 published the case holdi..

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)

....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     ......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     ......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

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. ......ed 5 P.Ws. on 28.2.93. The case having been withdrawn from the said court was transferred to the Sessions Judge, Dhaka where 7 more P.W.s having been examined statements of the accused petitioner was recorded under section 342 CrPC and thereafter two DWs were also examined. The prosecution having co...... 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)

.... 3. The Court shall in all cases, before granting an injunction, direct notice of the application for the same to be given to the opposite party; Provided that, except in the case of sale of goods for default in payment, at the stipulated time, of a debt in respect of which the goods were p......aggrieved by the aforesaid order of the learned Additional District Judge, the plaintiff/appellant preferred this Miscellaneous Appeal to this Court. The same was admitted on 26.5.92 for hearing. The records of the case were not called for and on the very day of hearing of the Miscellaneous Appeal u......this Miscellaneous Appeal are as follows: 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) her..

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

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   ...... plaintiff is entitled to or not. All the issues were taken up by the learned Subordinate Judge together and disposed of in the same judgment After hearing the parties and considering the evidence on record, the learned Subordinate Judge found that the plaintiff has been able in proving his case and...... 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)

.... 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   ...... 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   ......d by the Government, of whom two shall be persons who are or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported ..

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

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

....ara and also wife of Karim told him that the son‑in‑law had stolen the watch of his Sumundi and that Kalam was missing from his house and the dead body was recovered from a pond and that he was a good man. In cross‑examination he stated that the victim was missing from the hat. He did not hear......ts and some others under sections 3021 201/ 114/34 of the Penal Code. On receipt of the charge‑sheet and observing all legal formalities, the learned Upazila Magistrate was pleased to send the case records to the Court of the learned Sessions Judge, Naogaon for the trial. The learned Sessions Judg...... 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 ......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 ......r or the Sub-­Divisional Magistrate, or the authorised officer shall serve a notice on him in the prescribed manner requiring him to surrender possession of the property, within seven days of the service of the notice, to the person mentioned in the notice or to show cause against such surrender..

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)

....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 ...... Result: The appeal is allowed. It is well settled that possession follows title. Even 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 f......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