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....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.
......re Rahman allegedly on behalf of Hitendra Kumar Chowdhury who is respondent No.4 in this appeal before us. In the application it is stated that this respondent No.4 never executed any vokalatnama nor power of attorney in favour of Mr. Zakir Hossain, Advocate, nor he did appoint Mr. Zakir Hossain as ......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......ir Chandra Das died during pendency of the probate case, the right to sue did not, survive and the proceeding in Probate Case No.10 of 1971 abated. The present petitioners made fresh applications for grant of Letters of Administration with a copy of the will annexed in their own right under section ..
Category: Property Law | Date: 7 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 ......t receive any reply. It was alleged that the dismissal order was mala fide and arbitrary and violative of Biman Service Regulations and General Law of the country and also is a colourable exercise of power and has been made with mala fide motive. In the petition of complaint it was also stated that ......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......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 ......ocedure Code for rejection of the plaint have not been made applicable to Admiralty Court nor the Rules of Admiralty Court provide for rejection of the plaint. Rather, it is by invocation of inherent power of the Admiralty Court it has to be returned. On facts and in law there is no case for rejecti......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......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. ......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. ......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 ...... the Court below, inter alia, that the domicile certificate, non-option certificate, citizenship certificate and reliable evidence of nationality of Bangladesh of the original allottee, who is an immigrant are not forthcoming in the records. The petitioner could not show or there is no material to s..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 ......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......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 order of status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being ..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.
......or treating the memorandum of appeal as an application under section 115 of the Code of Civil Procedure. Since the impugned order suffers from an error of law, this Court in exercise of its power under section 115 CPC can suo motu enter therewith and accordingly, we have allowed ......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......on to refer the dispute to arbitration and in that circumstances the learned Subordinate Judge, without either allowing or rejecting the application under section 34 of the Arbitration Act, granted the defendant appellant one month's time to enable him to refer the matter in dispute fo..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....ni Vs. Union of India and another 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...... justice and hence the impugned order cannot be sustained. The learned Advocate candidly admits that the section 540 CrPC confers jurisdiction on the trial Court to examine additional witness and the power so conferred is wide but he contends that in the instant case the trial having gone through th......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...... 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. ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....tice, an order of ad interim injunction may be issued till hearing the substantive application for temporary injunction. This authority of exercising such power only in exceptional cases is however a discretionary one with the Court and it will also depend on the facts and circumstances of each part......spensed with or along with the issuance of notice, an order of ad interim injunction may be issued till hearing the substantive application for temporary injunction. This authority of exercising such power only in exceptional cases is however a discretionary one with the Court and it will also depen......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......not served on other side. However, issue 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 b..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
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. ......e of Criminal Procedure a girl reaches the age of sui juris at 16 years of age but at the same time the learned judges opined that where section 55 of the Children Act applies the Court will have the power to keep that child in custody till that child attains the age of 18 years. Section 55 of the C......2] Judgment July 14, 1993. Result: The Rule is absolute in Criminal Revision No.1336 of 1992 The Rule is discharge in Criminal Misc. Case No.536 of 1992. Cases Referred to- Jahanara Begum allias Jotsna Rani Saha Vs. State and another, 15 DLR 148; Ananda Mohan Bana...... 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. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... 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
......ate of incorporation and memorandum. Ext. 20 is the miscellaneous file of the correspondence and letters of the parties. On behalf of the defendant No. 1 two documents were filed, namely, Ext. A, the power of attorney dated 3.5.85 and Ext B certificate dated 8.12.93.
10. On the background of th......DLR (HCD) (1994) 39
...... 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
..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......g the entry of foreigners into Bangladesh or their departure therefrom on their presence or continued presence therein.
(2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner-
(a)............................me Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Result:
The Rule is made absolute.
Cases Referred to-
Mrs.Rowshan Bijaya Shaukat Ali Khan Vs. Government of East Pakistan, 17 DLR 1;Muhammad Hash...... Pakistan and in 1975 he came back to Bangladesh with a Pakistani passport He surrendered his passport to the Government and applied for citizenship of Bangladesh. The Government, however, refused to grant him citizenship and asked him to leave the country by issuing order under the Foreigners Act, ..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......o Reported in: 46 DLR (HCD) (1994) 18 ......shed in the Bangladesh Gazette (Extraordinary) dated23.9.86 3. Petitioner's case is as follows: One Md. Enayetullah Khan became the original owner of the said property by way of a lease granted by the Government vide a registered deed of lease dated 25.7.60. Subsequently Bibi Humaira p..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......s behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse possession of the plaintiffs in the suit land……………&hel......ployee of the said Zamindars and also Toka farag dated 7.5.61. BS Ext. 1(k) to be in the handwriting of Surendra, another employee of the said Zamindars. He did not say that the said Toka farags were granted in his presence. He admitted in cross-examination that the landlords had a big sheristha and..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ............Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25, 1993. Result: The Rule is discharged. Cases Referred to- PLD 1970 (SC) I (Hussain Bakhsh Vs. Settlement ‑Commissioner, Rawalpindi and others); SAL......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......on. 10. Mr. SR Paul referred to section 561A of tile Code of Criminal Procedure which is as follows: "Section 561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order......p;……………………Opposite Party Judgment May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......the impugned resolution. The membership of an Advocate cannot be taken away unless it is approved by the Bar Council. So, prima facie, it appears that the Bar Council failed to exercise its statutory power in not setting aside the impugned resolution dated 2.12.90 which was not passed due to non-pay......Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and other facilities in connec......rister-at-Law and was enrolled as an Advocate on 31.12.66 by the then East Pakistan Bar Council and since then his name is borne on the roll of advocates maintained by the present Bar Council. He was granted a certificate by the Bar Council permitting him to practice in the High Court. On 13.8.91 th..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
...... these are not the subject‑matter of controversy in this writ petition. It is next alleged by the petitioners that after liberation of Bangladesh there has been high‑ inflation and the purchasing power of taka gradually eroded as a result of which the government of Bangladesh had to revise the p......tired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another................Re......nth, whereas a Secretary retiring on or after 1.6.85 was allowed to draw a net pension of Taka 2000.00 per month. Similarly, an employee retiring from the lowest scale of salary of Taka 225‑315 was granted a pension of Taka 94.5 per month if retired prior to 1.6.84 and between 1.6.84 and 31.5.85, ..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
...... with the object of eradicating unemployment problem of the locality by setting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application on 12.12.79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railways...... Secretary, Ministry of Railways, figures as defendant No. 1 who did not file any Written Statement or contested the suit denying the competence of the Railway Board to conclude any such contract for granting lease of the suit land. Mr. Mahmudul Islam, learned Advocate for the appellant, has submitt..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......age of Taka 307.00. The Government by a Notification published in the Dhaka Gazette Extraordinary dated 12th July, 1980 being Notification No.SRO 237‑L/80/ SIV/ MWB10/80/172 in exercise of its power under section 6 of the Minimum Wages Ordinance 1961 being Ordinance No. XXXIX of 1961 fixed wa......t of the said case is not the subject matter in the 15 writ petitions. 2. The facts of the case in these writ petitions are as follows: The petitioner in IRO Case No. 78 of 1984 giving rise to Writ Petition No. 68 of 1988 was an unskilled worker being a loader working under the petitioner ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......means of reference there should, in effect, be a second appeal to the High Court upon question of fact." We are in respectful agreement with the above view and although we have no doubt that the power of the High Court under section 439 it is wide enough to disturb findings of fact, the exercis...... Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
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