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Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....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 ..

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..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Trans Oceanic Steamship Co. Ltd. and another Vs. Adamjee Insurance Co. Ltd. and another, 1993, 22 CLC (HCD)

....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 ..

Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

....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..

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..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....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 ..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... 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..

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...

Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3

Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another Vs. Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Cho-wdhury and others, 1993, 22 CLC (HCD)

....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..

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 ..

Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2

Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

.... submission of the report of the enquiry officer. As no defect or lacuna could be pointed out with regard to the holding of enquiry till the submission of the report, we are not inclined to go at the root of holding the entire proceeding illegal. But the enquiry report, of the enquiry officer having......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..

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..

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. ..

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..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....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..

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..

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, ..

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   ......nal Investment Trust Certificates (N.I.T) valued at Tk. 83,000.00 that the said loan was payable by her on or before 31.12.71 which she failed to do and further the N.I.T. Certificates could not be encased by the Bank; that after her death, the Defendants did not pay any heed to the demands and requ..

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. ...... 7. The learned Sessions Judge, Netrokona heard the Criminal Misc. Case No. 477 of 1992 and Misc. Case No.501 of 1992 analogously and by his judgment and order dated 20.9.92 disposed of both the cases with the observation that, "either the victim petitioner or the informant petitioner may ..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Trang Ice and Cold Storage Company Limited Vs. Amin Fish Farm and Industries Ltd. and others, 1993,22 CLC (HCD)

.... 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   ......td. (1959) 2 AER. 22; Shiv Dayal Kapoor Vs. Union of India, AIR 1963 (Punj) 538; Salomon Vs. Salomon & Co. (1895-99) AER, 33; EBM Co. Ltd. Vs. Dominion Bank, AIR 1952 (Bom), 337; Punjab All's case 29 DLR (SC) 185. Lawyers Involved: Rokonuddin Mahmood with Murad Reza and Raja Devasi..

Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9