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South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....ain any doubt about the jurisdiction of this Admiralty Court Act of this Court. Accordingly, the application for rejection of the plaint on the ground of want of jurisdiction can not be accepted. The provisions of Civil Procedure Code for rejection of the plaint have not been made applicable to Admi......rder to afloating the ship and supply of the necessary was for life under distress. From such statement it is to be seen whether those disclose a cause of action for salvage within the meaning of the law and the decision in this regard. Carver in his treatise "Carriage by Sea" 12th Edition..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....ot be taken or to show cause against such surrender within the period fixed, the respondent acted illegally in publishing the case holding in the 'ka' list of the abandoned building under the provisions of section 5(1) of the Bangladesh Abandoned Building (Supplementary Provisions)......ng No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has fi..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 ......that this revisional application is against the interlocutory order vacating the order of status quo during the pendency of the Miscellaneous Appeal. The learned appellate Court committed an error of law in disposing the appeal when this court is in the seisin of the matter to consider whether the p..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.
......h any material in his support.
5. In these circumstances it was not open to the Subordinate Judge to make the impugned order upon vague allegations. The impugned order thus suffers from error of law. It however appears that Order 43 rule 1 CPC which provides for appeal against orders ..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....on for setting aside the said order of the learned trial Court and obtained the Rule. 4. Mr. Abdul Malek, the learned Advocate appearing for the petitioner, while being fully conscious about the provision of law relating to the examination of the witness laid down in section 510 CrPC, challenge......g aside the said order of the learned trial Court and obtained the Rule. 4. Mr. Abdul Malek, the learned Advocate appearing for the petitioner, while being fully conscious about the provision of law relating to the examination of the witness laid down in section 510 CrPC, challenged the order o..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....rry out its functions. The functions of the defendant/respondent No. 1, are, inter alia, (i) To carry out river conservancy works including river training works for navigational purposes and for provision of aids to navigation, including marks, buoys, lights and atmosphere signals; (ii) To......appeal before the Chairman BIWTA (defendant No. 2) which was awaiting disposal. It was alleged by the plaintiff that the provisions of the Inland Mechanically Propelled Vessels Act, 1917 or any other law do not authorise the defendants to stop approval of Time-Tables for non-clearance of the unsettl..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 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....ury, JJ has considered in detail the question of sui juris in the case of Sumati Begum Vs. Rafiqultah and another, reported in 44 DLR 500. In that case the learned Judges have considered the relevant provisions of the Penal Code along with Children Act 1974 and came to the conclusion that on the bas......e alleged victim girl is that she, being an adult woman and not being an accused or a lunatic, is entitled to live freely. If she is kept in custody under the garb of a Court's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... 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
......in the present suit rather, the present plaintiff who is a share-holder like defendant No. 1 has filed the present suit against another share-holder. This type of suit is not at all permissible under law. As per clause of joint venture agreement the new company, namely, JV Amin Fishing Industries Lt..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....citizen of Bangladesh and that the detenu-petitioner participated in the politics of Bangladesh and got himself elected as the Amir of Jamaat-e-Islami, Bangladesh and thereby he violated the relevant provision of the Constitution.
5. The detenu-petitioner has filed an affidavit-in-reply to the ......hers to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner.
2. The case of the petitioner is that he is a citize..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....e not disputed, but it has to be seen whether the same are applicable in the facts and circumstances of this case. The main question is whether in fact there has been complete non‑compliance of the provisions of section 342 CrPC and whether the accused has been prejudiced thereby. There is no deni...... person released," it is submitted by the learned Advocate for the appellants that the trial of this case ought to have been stopped and the accused ought to have been released according to law on the expiry of the period of 270 days. According to the learned Advocate for the appellant, th..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)
....ned properties without praying for any other relief that the building is not an abandoned property and has not been vested in the Government or that his right or interest has not been affected by the provisions of the said Order and the Court of settlement can make such decision on the prayer of the....... 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. 16. Thus, in view of the aforesaid law our general conclusion is that the listing of the properties in the (Kha) lists of abandoned pro..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... 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 institute a fresh suit and the provision of relevant law may be considered by the trial Court. 9. Mr. M. Nurullah submits that......llowed has the effect of a decree for permanent injunction which cannot be made without seeking for declaration of the. He contends that the order of amendment is contrary to the settled principle of law. 7. Mr. Shah Abu Nayeem Mominur Rahman vigorously canvassed that as the plaintiff was in po..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....gainst both the orders of his dismissal from service impugned in this writ petition and that subsequently the suit was dismissed for default on 21.5.87. But the petitioner did not disclose under what provision of the Code of Civil Procedure his suit was dismissed. It appears from the copy of the app......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 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... attention to sections 3 and 29 of the Limitation Act, 1908 which is to the following effect: "3. Dismissal of suits, etc. instituted, etc, after period of limitation---subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and a......th 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 call in a quest..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....om profession, and is desirous of continuing his connection with the Association, may apply to the Secretary of the Association and the Executive Committee may admit him to such membership. The provision is voluntary and any member may take advantage of that article. Now here it is mentioned t......r Council and others, to show cause why the order dated 31.12.91 passed by the Bangladesh Bar Council in Appeal No.2 of 1991 dismissing the appeal should not be declared to have been made without any lawful authority and why it shall not be declared that Rule 66(1) of the Bangladesh Legal Practition..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....them with reference to their respective dates of retirement the object of the enhanced rate of pension is denied to one class of pensioners, and as such, the object is not achieved. Consequently, the provisions contained in the legislative enactment or governmental action denying the benefit of enha......F)‑I 1‑14n4 dated 21.1.74 as at Annexure‑B so far as it produced the effect of paying different amounts of pension to the pensioners retiring from the same post should be declared to be without lawful authority and of no legal effect with a further prayer to expunge the expression "in res..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....hout the prior approval of the Government, be used for any purpose other than the purpose for which it is acquired.
(2) If any requiring person uses any acquired property in contravention of the provision of sub‑section (1), or does not use it for the purpose for which it is acquired, he shal......ormance of contract.
6. Mr. Shadeed Alam, learned Advocate for defendant‑respondent, has supported the impugned judgment as being properly based on evidence and in accordance with the relevant law and Rules.
7. P.W.1 Shafiuddin Ahmed, President of Jinardi Unnayan Parishad, has proved an ..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
.... that there was no famine as there was no flood. 4. Before I proceeded to decide these points on merit raised by Mr. Ahsanullah Chowdhury I find that under section 9 of the Ordinance there is no provision of filing Revision in this Court and Section 8 of the Ordinance speaks that the order on a......he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
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. ......s have not deprived the detenu of his right to submit any effective representation against his detention. He also contends that pendency of specific criminal case cannot be a bar against applying the law of preventive detention against a person if the detaining authority is satisfied that it is nece..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
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