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Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....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......ed in: 46 DLR (HCD) (1994) 122. ......tion and, as such, the application under section 20 of the Arbitration Act was maintainable. The other point taken by the petitioner in the Civil Revision was that the Division Bench having passed an order on 5.1.92 staying appointment of arbitrators in Arbitration Miscellaneous Case No.78 of 1..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....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......tion) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, President Secretariat and others...........Respondents Judgment January 16, 1994.......1 of 1990. Judgment Habibur Rahman Khan J. – This Rule Nisi was issued by this Court calling upon the respondents to showcause as to why they shall not be directed to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Ma..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....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 ......dul Amin Choudhury J
Mahfuzur Rahman J
Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board.............................Appellant
Vs.
Commerce Bank Ltd. and Others...............Respondents
Judgment
January 13, 1994.
Result:
The appe......yment.
13. On careful consideration of the records we find nothing to interfere with the judgment and decree passed by the trial Court.
14. In the result the appeal is dismissed without any order as to costs. The judgment and decree passed by the trial Court is hereby affirmed.
Send d..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....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 ......ul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another……………………………&......ition without availing of an alternative remedy:
"But we think that an application under Article 102 of the Constitution lies, even where an alternative remedy is available, if the impugned order is ex facie void for want of jurisdiction or is violative of any provision of the Constitution..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....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......ip;……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 514; District Council, Kushlia Vs. Abdul Ghani, 22 DLR 217; Md. Rezzaqu......ash; This appeal under section 10 of the Criminal Law (Amendment) Act, 1958 at the instance of accused Md. Saheb Ali Miah, ex‑member of Nagarkanda Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... 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......(1994) 23
......ed 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 these four appeals by order dated 23.8.1989. But since the said..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....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......
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……………………………&h......gedly 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 withdraw the same and or pass such other order or orders as to this Court may seem fit and proper. While issuing the Rules operation of the n..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....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......uddin Sarker J Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. N......nt No.1 filed application for appointing her as guardian of person and properties of minor defendant Nos.2-4 on 7.6.1984 and the application was allowed on 20.9.84 and certificate of guardianship was ordered to be issued on 23.9.85 and the plaintiff filed the suit on 12.11.84 and she got permission ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....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......rim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
November 10, 1993.
Result:
The R......of 1989.
Judgment
Habibur Rahman 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 b..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....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......riginal Jurisdiction)
Present:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September ......No. 1 of 1989 (Comilla)
Writ Petition No. 396 of 1986 (Dhaka)
Judgment
Mohammad Fazlul Karim J.—This Rule Nisi was issued 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 dec..
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)
....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......eme Court High Court Division (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J Captain I Z A S A Chowdhury..................Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: ......e was not paid regularly the monthly wages and as a result huge amount has been accumulated as arrear to his credit. It is further alleged that he was taken down from the Vessel by defendant No. 2 in order to sign off on payment of the dues but defendant No. 2 did neither pay nor signed off and as t..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....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 ......d in: 46 DLR (HCD) (1994) 90.
......strict Judge had discussed in his judgment in details. The learned District Judge has considered this matter even to that effect that in the year 1971, that is, during liberation period even a man in order to save his life embraced Islam that will not be a legal embracement. But after the dang..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
.... 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......pondent 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; Panchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. St......que, Advocate‑For the State. Criminal Appeal No. 1640 of 1992. Judgment Muhammad Ansar Ail J.-This appeal at the instance of appellant Ashok Kumar Saha arises out of the judgment and order of conviction and sentence dated 21.9.1992 passed by the learned Additional Sessions Judge, Co..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....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......: Habibur Rahman Khan J Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is mad......3. 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 the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing O..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)
....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...... Jurisdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes………………………Defendants Ju...... Vessel MV Tony Best and also for lighterage of the cement but failed. Under such circumstances defendant 4 contacted the plaintiff for placement of its vessel MV Queen of Heart for the lighterage in order to salvage the defendant 1 vessel and the plaintiff having had come to know the distress condi..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....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......hellip;....................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 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5......Rule Nisi was issued on an application under Article 102 of the Constitution of the Peoples' Republic of Bangladesh calling upon the respondents to show cause as to why the judgment and order dated 15.4.89 (Annexure 1 to the petition) passed by the Court of Settlement, Bangladesh Aband..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)
....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......vil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mahfuzur Rahman J Wahida Khatun Bibi.....................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Resu......te Party. Civil Revision No. 639 of 1993. Judgment Mahfuzur Rahman J.—This Rule under section 115 of the Code of Civil Procedure at the instance 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 o..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....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 ......
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.........................Respondent
Ju......bsp;34 of the Arbitration Act, to refer the dispute to an arbitrator in view of an Arbitration Clause in the Articles of Association of the company. The learned Subordinate Judge by his impugned order No.19 dated 29.8.89 against which the defendant has preferred the miscellaneous appeal No.166 ..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....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......;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 and examined earlier but his evidence is vitally important for the just and proper adjudication of t......ur Rahman Khan J.-On an application under section 439 read with section 435 of the Code of Criminal Procedure a Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 19.6.93 passed by the Additional Sessions Judge, Ist Court Dhaka, in Sessions Case No. 3..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....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...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J...... Civil Revision No. 110 (fm) of 1992. Judgment Muhammad Ansar Ali J. — The First Miscellaneous Appeal at the instance of the plaintiff Bengal Water Ways Ltd. is directed against an order dated the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upo..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
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