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Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....el plying within or partly within and partly without the limits of the Chittagong Port. Section 19(1)(d) provides for charges for services rendered by the Port Authority to any vessel. Section 26 empowers the Port Authority to distrain vessels for non-payment of tolls, dues, rates, charges or pe......s directed against the judgment dated 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Po......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....r non-joinder of party and also for not bringing into hotch potch all the joint properties. 6. We find no substance in any of the contentions for the following reasons: First, the revisional power of the High Court Division is supervisory power which may also be exercised suo motu. ......Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 passed by the ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....reated anomalies. It does not appear either that by formally passing an order in Bangladesh Gazette, the Government implemented the recommendation of the National Pay Commission in exercise of its power under section 5 of Act No. XXXII of 1975. While facing difficulties in the implementation of ......………………………. Respondents Judgment December 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) an......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: The petition is dismissed. Lawyers Involved: K S Nabi, Attorney-General (Serajul Huq, Senior Advocate with him), instructed by Sharifuddin Chaklader, Advocat...... hour of night. On 3-1.1-96 she was taken to the Court of the Chief Metropolitan Magistrate, Dhaka and brought on Police remand for 5 days and during that period she was unbearably, mentally and physically, tortured which may be described as uncivilized and brutal. She was shown to be an accused in ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. Criminal Petition for Leave to Appeal No. 135 of 1996. (From the judgment and order dated 28-5-96 passed by the High Co......sed from the case under the repealed law. Besides, the petitioners could not make out a case of quashing the proceeding in question under section 561A Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This ca...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subordinate Judge, Meherpur allowing Title Appeal No. 156 of 1986 an......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ot the tender was made within the period stipulated in the agreement for reconveyance. 11. This court in Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236 held: “As to the power of the High Court, in exercising its jurisdiction under section 100 of the Civil Procedure......g dead, his heirs Azimuddin Patwary and others …………………..Respondents (In both the appeals) Judgment August 7, 1996. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......
vs.
Md. Anwar Hossain and others……………….. Petitioners-Respondents
Judgment
July 8, 1996.
Result:
The appeal is dismissed.
Lawyers Involved:
AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—— For the Appellants.
SS Halder, ......ded upon an absolutely wrong premises that on the stay of operation of the order dated 22-9-86 (Annexure-L) by the impugned memo dated 24-9-86 (Annexure-M) the memo dated 12-1-86 (Annexure-J) automatically came into operation by way of revival by implication, although the order dated 12-1-86 had bee...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....f to which he would never have agreed had he been a free agent; and if the original contract is varied by altering or omitting such terms the court will be remaking the contract, a thing it has no power to do; and; in any case, it will no longer be specifically enforcing the original contract bu......ellip;………………………………………. Respondents Judgment January 2nd, 1997 Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Ch......;When a person with knowledge of a previous contract of sale purchases the property the purchase is voidable at the option of the prior promisee and the contract with him can be enforced specifically against the subsequent purchaser. In such a suit the court should declare the second purchas...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
.... the trial Court. 7. The present appeal is by the heirs of the plaintiff from the said order of remand. Leave was granted to consider whether the circumstances of the case made the inherent power of the court under section 151 of Code of Civil Procedure available to the learned Judges of ......nd ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors………………………….. Respondents Judgment October 31, 1996. Lawyers Involved: Shamsul Huda, Advocate, instructed by Md. Rabiul Al...... defendant No. 1 for modifying the order dated 1-3-93 and permitted the learned Advocate of the defendant to cross-examine PW 2 and PW 3, but defendant and her lawyer were found absent on repeated calls and the court heard the argument fixing 16-3-93 for delivery of the judgment. It further app......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....osal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal turns upon the question whether the High Court Division, in exercise of its powers under section 115 of the Code of Civil Procedure, acted beyond its jurisdiction, in setting ......;….. Appellants Vs. Lutfe Ali Chowdhury and others………………… Respondents Judgment August 21, 1996 Cases Referred to- Gopeekrist Gossain vs. Oungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur......ned Counsel for both the parties necessitate close scrutiny of the impugned judgment in order to ascertain if the said judgment suffered from any error of law and/or misreading of evidence as would call for interference by the High Court Division in its revisional jurisdiction under section 115 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....fficer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) I......ellip;………………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawa......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of his son Dhirendra for execution of necessary deeds at Kushtia. Ibrah......2; paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza Kalishankarpur belonged to one Judhistir Chandra Nath who settled the same with Asia Khatun, the plaintiffs’ mother,......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......Appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. M. Shamsul Alam, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Respondent No. 1. ......Division was not satisfied with the reasons shown for the delay in moving the revisional application and upon assigning reasons refused to condone the delay and as such the impugned judgment does not call for any interference. 6. There is no prescribed period of limitation either in the Code of C......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....h Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. ...... BB Roy Choudhury J Resima Sultana……………….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment October 31st, 1996 Lawyers Involved: Md. Ozair Farooq, Advocate-on-Record...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... Commerce and Industry, Pabna ……………………..Plaintiff-Petitioner vs. Administrator of Pabna Chamber of Commerce and Industry and another…………... Defend......er of stay granted by this Division on 18-12-94. In view of our order passed in the leave petition both the petitions for addition of parties as well as for vacating the order of stay do not call for any further decision. Accordingly, those petitions are disposed of as not being necessary ......s framed under the Trade Organisations Ordinance, 1961 and its present committee being headed by the petitioner as its President was elected on 6-11-94 for three years from its first annual general meeting held on 18-12-94. Upon certain allegations raised against the former committee, the Deputy..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....h one or more Boards in respect of such area or areas as may be specified in the notification establishing such Board. Under section 18 of the Ordinance the Board has been vested, inter alia, with power to grant recognition or to withhold or withdraw recognition from intermediate colleges and sc......llip;……...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma ......ant being a full time teacher disqualified from being a Chairman of Union Parishad thereunder. 2. Respondent No. 1 who is a voter in the concerned Union filed Writ Petition No. 21 of 1995 calling upon the respondents including the appellant who was made respondent No. 11 therein, to sho......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ing upto the continental shelf: Per Mustafa Kamal J delivering The Full Court Judgment. (31) Article 102 Powers of High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea......Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 25, 1996. Result: The appellant is given locus standi to maintain the writ petition. The Constitution of Bangladesh, 1972, Article 8 Absolute trust ......rpretation given to the expression “any person aggrieved” in the judgments of my learned brothers, in my opinion, approximates the test of or if the same is capsulised amounts to, what is broadly called, ‘sufficient interest’. Any person other than an officious intervener or a wayfarer witho......he two consecutive severe floods of 1987 and 1988 in Bangladesh studies were made in the light of which the Government of Bangladesh established a list of 11 guiding principles of flood control. At a meeting between the Government of Bangladesh and some donors in July, 1989 it was agreed that an act..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....ring pendency of the said Miscellaneous Case, the sole plaintiff-petitioner died on 18-4-85. The appellants on 28-4-85 as the heirs of the said deceased plaintiff filed an application with a fresh power, seeking permission to proceed with the said Miscellaneous Case as the heirs of the said plai...... Judgment January 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the c......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......7. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with opportunity to defend and when such delinquent being dismissed with due approval of the president and omission......ty to defend and when such delinquent being dismissed with due approval of the president and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8) Lawyers Inv......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
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