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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 ......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...... AM Mahmudur Rahman J. — This application is by the defendants 1 and 2 for rejection of the plaint for want of cause of action. The application is resisted by the plaintiff. 2. The short facts necessary for disposal of this application are: The plaintiff is the owner of the lighter..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. ......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 ......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)
....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 ......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 ......of the plaintiff arises out of an order passed by District Judge, Feni on 4.2.93 in Miscellaneous Appeal No. 17 of 1992 vacating the order of status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 ..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.
......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......ercise of its power under section 115 CPC can suo motu enter therewith and accordingly, we have allowed the application and it is treated as a revisional application.
6. In view of the facts that the plaintiffs application for attachment before judgment docs not disclose any particula..
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. ...... 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 ...... or to pass such order or further order or orders as to this court may seem fit and proper. While issuing the Rule the further proceeding of the Sessions Case No.300 of 1992 was stayed. 2. Short facts of the case which have given rise to the Rule are as follows: Sepoy Fazlul Hoque attached..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 ......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...... the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upon an application for temporary mandatory injunction arising out of Title Appeal No. 51, of 1990. 2. Short facts giving rise to this Miscellaneous Appeal are as follows: The plaintiff-appellant is a pri..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 ......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 ......ein that in Order to attract the application of Article 85 of the Limitation Act, it is necessary that the account must be subsisting at the date of the suit. 14. Thus, considering the facts and circumstances of the present case, we hold that the suit is governed by Article 85&nb..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. ......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'......336 of 1992 with Criminal Miscellaneous No. 536 of 1992. Judgment KM Hasan J. - The Criminal Revision No.1336 of 1992 and the Criminal Misc. Case No. 536 of 1992 which arise out of the same facts are heard together and disposed of by the judgment. Both the petitions are under section 491 o..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
......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...... on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order; provided that the authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose.
18. So, the..
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 ......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......there was a delay of 22 days in the conclusion of the trial as per the decision cited by him in the case of Nayan @ Fadul Haq Vs. State reported in 38 DLR 415, is wrong and not sustainable in law and facts, Mr. Mamun, the learned AAG, however contends that working days mean the working days of the t..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 ......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...... property. Mr. Shafique Ahmed, the learned advocate for the petitioners, also placed before us those original documents and papers. Section 11 of the Evidence Act runs as follows: "11. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant‑ (1) ..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. ......t. He placed reliance upon the decision in the case of Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Each case depends on its peculiar facts and circumstances. The case cited by Mr. Rahman is distinguishable. In that case the suit, alt..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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 ......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......relief. The suit as framed is not also maintainable. In the result, the appeal is allowed and the judgment and decree appealed from is set aside and the plaintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
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 ......ugh he is precluded from filing a fresh suit. 13. Before coming to the conclusion we may state that there is no dispute between the parties that the present writ application is based on the same facts on which and for the same relief for which the suit was filed, that the suit was dismissed for..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 ......€‘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......from which was barred by limitation, could be examined under section 561A of the Code of Criminal Procedure and whether the judgment of the tribunal could be quashed. 2. Before we enter into the facts of the cases the law in this regard has to be closely considered and settled. Since these case..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. ......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.......91 stating that he is borne on the roll of the Advocates. 18. So, it appears that the Bar Council did not dispose of the appeal in accordance with law and did not apply its mind to the relevant facts necessary for disposal of the matter. It may be mentioned in this connection that the petition..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......such act or enactment should come into effect and for the fact that such effective date has deprived certain class of persons of the benefit of the financial measure, such measure cannot be called in question by terming such measure as violative of the equality clause as enshrined in Article 27 of t......the owners and the employees of newspapers who were affected by the award could challenge it and the Bangladesh Sangbadpatra Parishad had no locus standi to challenge the award of the Wage Board. The facts of that case do not fit in with the facts of the present case and, as such, the principle set ..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....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
......ng mill with a capacity of 12.500 spindles, but as the Railway Administration delayed the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the plaintiff Unnayan Parishad was in difficulties in implementing the project. Thereafter......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
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......application under section 491 of the Code of Criminal Procedure the detention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execution of an order of deten......on invoking section 3 of the Special Powers Act, 1974 cannot be sustained. 10. We have also seen that in ground Nos.2, 3, 7 and 8 pendency of 4 specific criminal cases has been mentioned and the facts giving rise to these 4 specific criminal cases have been used as grounds of detention. It has ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......situation like this and, in fact, a habeas corpus petition would give her the most speedy and efficacious remedy. 10. In the case of Goher Begum Vs. Suggi, reported in AIR 1960 (SC) 93 a similar question of maintainability of a petition in Habeas Corpus under section 491 CrPC to restore a minor......decisions show that this nature of petition would be competent and handing over the child to the proper custody would mean to set aside the child at liberty. The learned Counsel submitted that in the facts of the instant case the matter could be brought to a happy end by handing over the child to th..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
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