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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. ......n under section 20 . of the Arbitration Act being Miscellaneous Case No. 78 of 1990 before the learned Subordinate Judge, Dhaka. BTTB appeared and contested the Miscellaneous Case contending that die case was not maintainable as the respondent company failed to prepare the experimental bills in term......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. ..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 ......Adjutant. The petitioner having moved the Writ Petition No.355 of 1980 for redress, the High Court Division by its judgment and order dated 2nd February, 1982 directed the respondents to consider the case of the petitioner on the basis of his seniority in the post of Sub-Divisional Adjutant of Ansar...... 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 ..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
...... it stood as assurance only without any payment. The total claim of the plaintiff was Taka 25,499.25 together with interest at the rate of 9½% per annurn as per rules and practice. The further case of the plaintiff was that by reason of purchase of the bills and for that matter the RR had alw......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
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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.
......of President's Order No.16 of 1972 and no notice having been served upon him treating the disputed property as an abandoned property and in the peculiar facts and circumstances of this particular case that the petitioner having no means of knowing about the inclusion of the disputed property in ......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.
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Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
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. ......f his guilt and sentencing him to suffer rigorous imprisonment for 2 years and to pay a fine of Taka 10,000.00, in default to suffer rigorous imprisonment for six months more. 2. The prosecution case, in short, is that accused Shaheb Ali Miah, a member of Nagarkanda. Union Parishad under Nagark......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
....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
......t according to survey report all the 24 bales were excessively water stained, wet and damp, discoloured and badly rust stained and assessed loss at the rate of 40% amounting to Rs. 18,048.00. Further case of the plaintiff is that the said goods were insured with the plaintiff and plaintiff paid the ......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
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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
......sition proceeding in respect of said 2760 acres of land first in LA Case No. 91/67‑68 and thereafter in LA Case No. 138/61‑62, both under section 93A of the Town Improvement Act, 1953. In all the cases notices of requisition under section 93A of the Town Improvement Act, 1953 were served in resp...... inviting applications for the allotment of Plots in 'Nikunja Residential Area' Project of the respondent No.1 as 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 be..
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. ....... 4. Plaintiff examined 3 witnesses including himself and produced and 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 d......ing also the government respondent in the said suit for specific performance of a contract for sale on the allegations, inter alia, that the property measuring 174 decimals with five rooms and vacant land originally belonged to late Khan Bahadur Hazi Md. Hossain who died leaving two sons Ahmed Hossa..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....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
...... 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 this court may seem fit and proper.
2. The facts of the case, briefly, are as follows:
The petitioner joined the Police Department as a Constable with ......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
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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
......he 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 application is, that he has got his homestead spreading ov......reading over in the part of two CS Plot Nos. 3730 and 3731 appertaining to JL No. 63 of Mouza Lakshmipur, Banchanagar, thana and district Lakshmipur. The said plots consist of 0.71 and 47 decimals of land respectively. The petitioner has got Bagan in a portion of plot 3730, a house in a portion of p..
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 ......encash the bank guarantee furnished by the defendant 3 is to be allowed. There is no dispute that the wages of the seaman 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.......that the plaintiff having had taken out of the vessel and signed off, he can not be deprived of his benefit. He argued for payment of the wages relying on paragraph‑229 of Halsbury's Laws of England, Volume‑43,4th Edition page 159. My reading of the said passage is otherwise because of the e..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 respondents here were the petitioners before the learned District Judge and the objector‑opposite party No.1 before the learned District Judge is the appellant before this court. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. Th......his court. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. The case of the petitioner‑respondents that one Protab Chandra Das was the land holder and resident of 48, North Brook Hall Road. He possessed considerable movable and immovab..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....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 ......1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonment for 6 months more. 2. The case was started on the basis of a formal FIR dated 22.1.1992 lodged with the Sabujbagh PS Dhaka by ...... trend of cross‑examination of the P.W.s, the defence case as transpired was that no heroin was recovered from their possession as alleged and that because of previous enmity and bad terms with the landlord of the house over payment of house rents this false case was started only to harass the acc..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 ......ation filed by Md. Mostafa Miah a Rule Nisi was issued calling upon the respondents to show cause as to why the decision and order dated 11. 11.91 passed by the First Labour Court, Dhaka in complaint case No. 37 of 1990 as evidenced by Annexure‑'L' to the petition moved in Court today, sho......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 ..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 ......ed due to the distress of the ship for lighterage and to refloat for the purpose of her salvage the contention of Mr. Islam that the claim has no nexus with the salvage is not correct. In the present case it is stated in the plaint that the ship was in a distress condition as being grounded 60 nauti......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 ..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. ......, Mohammadpur, Dhaka) maintaining the inclusion of Holding 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. ......e Government and referred to the decision in the case of Rahela Khatoon Vs. Chairman, Court of Settlement reported in 45 DLR 5. Mr. Chowdhury also submitted that in view of his possession in the case land on the basis of the deed of agreement dated 19.5.71 and subsequent notice dated 8.2.86 issued b..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 ....... On that date Mr. Nurul Mostafa, the learned Advocate for the opposite party, informed the Court that the Miscellaneous Appeal pending before the appellate Court has already been disposed of and the case has been sent back on remand to the trial Court for consideration for the injunction matter and......nstituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of Khas possession of the land mentioned in the schedule 'Ga' of the plaint after demolishing construction raised, War..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.
...... the Appellant.
Shahid Ahmed, Advocate‑For the Respondent.
First Miscellaneous Appeal No.166 of 1989 with Civil Revision No 2173 of 1993
Judgment
Abu Sayeed Ahammed J. - In this case the respondent Himalaya Ice & Cold Storage Company Ltd. has brought Money Suit No. 15 of 19......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.
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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. ...... 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 the case. Cases Referred to- Ramchandra Prasad Vs. Emperor AIR 1937 (Patna) 246; Karimuddin Ak......he prosecution to make improvement introducing new matter in the case. In this respect reference has been made to the case of Ramchandra Prasad Vs. Emperor reported in AIR 1937 (Patna) 246 wherein Rowland, J observed: "The courts ought to remember that the purpose of section 540 is not to ..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 ......e 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 under Order 41, ...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
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