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Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ...... for preparation of computerised telephone and telex bills for Dhaka Chittagong and other areas of the country. The tender of the respondent company being the lowest was accepted by the appellant and accordingly, an agreement was executed between the BTTB and M/s. Lithi Enterprise Ltd on 16.2.88. Cl......Appellant Vs. Lithi Enterprise Ltd..............................................Respondent Judgment January 17, 1994 Result: The appeal is dismissed. Cases Referred to- Persumal & ors. Vs. Government of Pakistan & ors., PLD 1960 (Karachi) 690; Mst. Umd......itioners did not inform the court below or the arbitrators about the stay or obtained by them on 5.1.92 and accordingly, held that the award filed by the arbitrators was legal and valid in the eye of law. In this view of the matter, the Rule was discharged. Against this order, the BTFB filed civil p..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......appear on the date fixed as he met with a road accident on 11.1.1985 resulting in the fracture of his upper and right tibia rendering him unable to appear before the Review Committee on 30.1.1985 and accordingly, he sent a telegram to the Member Secretary of the Review Committee and thereafter an ap......etary, President Secretariat and others...........Respondents Judgment January 16, 1994. Result: The Rule is made absolute. Cases Referred to- Mahtabuddin Ahmed Vs. Principal Secretary, President's Secretariate Dhaka 1990 BLD (AD)......en after the withdrawal of Martial Law and consequent repeal of MLO 9 of 1982, the authority is under legal obligation to take up the review petition for consideration and disposal in accordance with law. Mr. Md. Altafur Rahman, the learned Assistant Attorney-General appearing for the respondents, s..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......another RR being No. 946193 dated 21.4.68 signifying the despatch of 225 bags of Massors weighing about 500 mds. with bags from Mobarakganj railway station to Ambikapur railway Station. The plaintiff accordingly purchased the RR and again advanced an amount of Taka 12,156.26 which was the value of t......esult:
The appeal is dismissed.
The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161
Liability of a bailee
The liability of the Railway while carrying goods handed over to it by a party is similar to the liability of a bailee. The Railway carries goods delivered to it ......ng, inter alia, that he had no malice and did nothing out of ill motive regarding the selling of the goods as per RR under reference and is not liable for the claim brought by the plaintiff under the law and equity. He sold the RRs in question to the plaintiff signifying the despatch of 450 bags of ..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......n Sarker J
Kazi Ebadul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another……………………......t relates to House No.SW(F)4 Gulshan Model Town, Dhaka and Memo No. Shakha‑9/AP/675 dated 12.5.1988 (Annexure "A (1)") to the petition should not be declared to have been made without any lawful authority and is of no legal effect.
2. Case of the petitioner is that he is, a citizen ..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....be excused. Further contention of the learned Advocate for the appellant is, that the provision of section 243 CrPC is mandatory which has to be carefully and meticulously followed in the interest of justice and violation of which would render the order of conviction and sentence bad and illegal. In......rkanda Chandhat to Kodalia up to the house of one Kabir Miah of village Kodalia. The project was under the 'Nibir Palli Purta Works Programme' and it was for the financial year, 1985‑86 and accordingly, a sum of Taka 60,000.00 was sanctioned by the Upazila Parishad on 27.2.86 and the Chair......p;……………………………Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR ......me and there was no illegality or irregularity in the submission of the charge-sheet or in the trial as alleged. 8. I have checked up the record of the case and the provisions of law on the above point and I find much force in the submission of the learned Deputy Attorney‑Gene..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....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
......anic Steamship Co. Ltd. under bill of lading dated 21.7.65 to be delivered at Chittagong; that clearing agent of the importer having found the goods in damaged condition prayed for joint survey; that according to survey report all the 24 bales were excessively water stained, wet and damp, discoloure......p;…………………………Respondents
Judgment
November 23, 1993
Result:
All the appeals are dismissed.
Cases Referred to-
Lawyers Involved:
Md. Ismail with Md. Omar Farook, Advocates-For the Appellant(In F A ...... lower court records which are reported to be not traceable we directed by order dated 1.11.93 that these four appeals will be decided leaving out MA No. 48 of 1970. Since common question of fact and law is involved in these four appeals substantially between the same appellant and respondents and b..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....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
......rs are that in the meeting of the Board of Trustees of former DIT held on 15.2.64 it was decided that the said implementation of Baridhara Residential Scheme was impracticable and needed revision and accordingly in its meeting held on 17.4.65 the Board of Trustees decided to acquire only 832 acres o......……………………………Respondents
Judgment
November 22, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagong , 13 DLR 804 ; Akhtarudd......published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withd..
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. ......gainst defendant No.1 in respect of her 1/8th share and dismissed against the defendant Nos. 2-4 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. ......…………………………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; Mir Sarwajan Vs......wing observations: "We cannot see, however, that there is any such distinction to be found from the perusal of the judgment to which I have referred to. The ruling, it seems to us, lays down the law in unequivocal terms and is binding on us. We think, therefore, having regard to this decision t..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....nt of Bangladesh for his reinstatement in service. But the said representation having remained unattended for quite a long time the petitioner was constrained to serve a notice dated 1.7.89 demanding justice through the learned Advocate and thereafter moved the writ application and obtained the inst......was alleged that the dacoits snatched away the petitioner's rifle without any resistance resulting from his negligence of duty which is contrary to departmental rules and discipline of Police and accordingly the departmental proceeding No. 12/87 was started.
4. The departmental enquiry havi......ary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
November 10, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. ......ng 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 lawful authority and is of no legal effect, or such other or further order or orders passed as to th..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... 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
...... of the land in question wherein the college has already been established the governing body of the college resolved to go for acquisition of the land to keepthe College free from any encumbrance and accordingly, the Principal has submitted a proposal for acquisition in a prescribed manner as per de......
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The Rule is made absolute
Cases Referred to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers......d calling upon the Respondents to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the ap..
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 .......Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: The application is rejected. Cases Referred to- Eva, (121) P 454. Lawyers Involved: Ahsanul Kabir with Md. Khurshed Khan, Advocat......man is to be paid on the priority basis. Mr. Ahsanul Kabir placed reliance in the case of the Eva reported in (121) P 454 to substantiate his contention of the payment to the seaman. The principle of law enunciated therein does not admit of any doubt but the question is whether the bank guarantee fu..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.
......the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly.
14. In the present case it appears that Trinayani got the will in the year 1969 an......haha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal from Original Decree No. 235 of 1976, analogous with Appeal from Original Decre......Exts.7 and 15, namely, the two impugned wills, one by Sudhir Chandra Das and another by Trinayani Das, were not the legal documents in view of the fact that those were not executed in accordance with law. Since these two exhibits cannot be accepted in the eye of law as valid documents, the property ..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....real culprit committing any offence under this Act must be seriously dealt with and for that purpose the provisions of this Act as well as other well settled principles for administration of criminal justice should be meticulously followed. At the same time it has to be seen that an innocent person ......nation by an expert on 19.12.91 with the opinion that the seized powder contained heroin. Thereafter P.W. 1 Abdur Rashid, Inspector CID lodged the formal FIR on 22.1.92 with the above allegations and accordingly Sabujbagh Police Station Case No. 40(10)91 was started only against the accused appellan......p;…………………Respondent Judgment September 2, 1993. Result: T he appeal is allowed. Cases Referred to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 BCR (AD) 370; ...... 9. The next point argued by the learned Advocate for the appellant was, that in making the search of the appellant's house for recovery of the incriminating articles, the necessary provisions of law under section 103 of the Code of Criminal Procedure were not complied with. The learned Advocate..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
.... Enquiry Officer. 7. Relying on the decision cited above we also hold that, whether or not rules or regulations provide for a copy of the report to be given to the employee, the rules of natural justice requires that along with the second show cause notice the petitioner should have been furnis......e's last opportunity to place his side of the case before the appointing authority who is about to take the last decision with regard to 'the punishment to be awarded against the employee and accordingly, it has been hold in the case of Md. Torah Ali Vs. Bangladesh Textile Mills Corporation ......nishment can be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing Orders) Act, 1965— It is obligatory on the part of the employer to take into consideration the gravity of misconduct and the previo......how 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) Cases Referred t..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 ......st and orthes………………………Defendants Judgment August 25, 1993. Result: This application is rejected. Cases Referred to- Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR (AD) 188 Lawyers I......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)
....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. ......rein are abandoned property and have vested in the Government as such. 13. So from the above, it cannot be said that mere listing the case property in 'Ka' list, the possession of which, according to the petitioner, is him, do not make any difference as regard the character of the case ......overnment of Bangladesh others……………....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of ......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)
....n of the matter to consider whether the plaintiff petitioner is entitled to an order of status quo. He further submits that the disposal of the Appeal by the lower Appellate Court resulted in gross injustice and irreparable loss to the petitioner and in consideration of the facts and circumstances o......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 .......Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Result: The Rule is made absolute. Cases Referred to- Md. Swaleh Vs. UG and Fodder Agencies, 16 DLR (SC) 155, 160; Ashwini Kumar Karmaker Vs. Har......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
....s which obviously are vague, we are of the opinion that the learned Subordinate Judge in passing the impugned order committed error of law resulting in an error in the decision occasioning failure of justice which calls for an interference under section 115 of the Code of Civil Procedure. ......ication under section 34 of lac Arbitration Act, rather kept it pending for disposal, there was no scope for any appeal against the said order. The appeal must be held to be incompetent and accordingly, we dismiss the appeal without any order as to costs. FMA No. 85 of 1990 (converted into......ent:
Bimalendu Bikash Roy Choudhury J
Abu Sayeed Ahammed J
Israil Hossain ..............................................................Appellant
Vs.
Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna, Represented by the Managing Director......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)
....ntial for arriving at a just and proper decision in this case. ‑ Thus, although the petition has been filed at this stage but there is no alternative than to allow the petition for the ends of justice." 3. The petitioner, being aggrieved has filed this application for setting aside ......other reported in AIR 1991 (SC) 1356 wherein it is held: "It is a well accepted and settled principle that a court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of a court not only to do justice but ......lip;………………………………Opposite Party Judgment July 27, 1993. Result: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced a......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)
....e notice upon the respondents to show cause within 2 weeks from the date of receipt thereof as to why the prayer for temporary mandatory injunction shall not be granted as prayed for, for the ends of justice. Requisites at once.” 4. Being aggrieved by the aforesaid order of the learned Ad......of receipt thereof as to why the player for temporary injunction shall not be granted as prayed for the ends of justice. This cannot be an order under rule 1 or 2 of Order 39 CPC, according to the learned Advocate for the respondents, as required under rule 1(r) of Orde......tioner Vs. Inland Water Transport Authority & others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referre......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
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