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....partment it is held that:
"It was held by this Court in Ralli Brothers Vs. Province of East Pakistan and others that the Authority requisitioning or acquiring property, under the compulsive power of the Act, must indicate definitely what part of the land is required by them. If they want a......
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The Rule is made absolute
Cases Referred to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers......, Advocate—For the Respondents.
Writ Petition 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 ...... 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
..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....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......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.
......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.
..
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 ......p;…………………Respondent 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; ......mplied with. The learned Advocate contended that as per provisions of section 103 of the Code of Criminal Procedure, before making any search, the Officer or any other persons about to make it, shall call upon two or more respectable inhabitants of the locality of the place where the search is to be......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 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....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......aker, Advocate— For Respondent No. 2. Writ Petition No. 899 of 1992. Judgment Habibur Rahman Khan J.—On an application 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 b......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)
....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 ......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
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 .......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......IR 1943 Lahore (1711) 65 where it has been held : "The word 'case' in section 115 does not always mean the whole suit. It is of a very wide import and means any state of facts juridically considered. This meaning is wide enough to include a decision on any substantial question in c......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 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....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......sly are vague, we are of the opinion that the learned Subordinate Judge in passing the impugned order committed error of law resulting in an error in the decision occasioning failure of justice which calls for an interference under section 115 of the Code of Civil Procedure. We accordingly......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.
..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... 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...... the State. Writ Petition No. 688 of 1989. Judgment Habibur 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 b...... 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)
....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......ted under the Companies Act, 1913 and has been carrying on the business of river transport services in this country. The defendant No.1 Bangladesh Inland Water Transport Authority (BIWTA) hereinafter called the Authority is a statutory body meant for development, maintenance and control of inland wa......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 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....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......she had embraced Islam and that the name of her husband was Abdul Khaleque who was a sepoy whom she had married voluntarily. When she was asked whether she would like to go to her parents she categorically refused to go to her parents and begged that she be allowed to go to her husband. To us she ap...... 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
....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
......Government for establishing a joint venture enterprise with a Thai party and ultimately an agreement was entered into on 29th day of January, 1979 in between the plaintiff and defendant No.1 which is called joint venture agreement with the stipulation that they would form a joint venture company to ...... 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
....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......tes ‑For the Petitioner.
Writ Petition No. 1148 of 1992.
Judgment
Md. Abdul Jalil J. -On an application filed by the detenu-petitioner Professor Ghulam Azam this Rule Nisi was issued calling upon the respondents, namely, Bangladesh, represented by the Secretary, Ministry of Home Aff...... 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
..
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 ......o Reported in: 46 DLR (HCD) (1994) 18 ...... MA Mannan, AAG‑For the Respondent No.2 Writ Petition No. 90 of 1988. Judgment Mohammad Gholam Rabbani J.-By this application under Article 102 of the Constitution the petitioners call in question the judgment and order of the Court of Settlement dated 8.9.87 passed in Case No. 2......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 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
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 ............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......respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such ter......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)
....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......sion Nos. 1155, 1679 of 1992. Judgment AKM Sadeque J.—These two Rules involve a common question of law touching upon the fate of similar other Rules pending in this Court. These Rules call in a question of law whether inherent jurisdiction of this Court can be, invoked under section ......erving the cases may be, we are not able to invoke jurisdiction under Section 561 A of the Code to interfere with the impugned judgments in view of the clear legal position. We cannot act as arbiters meeting out justice irrespective of law. In this connection we are tempted to quote to paragraph 11 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....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......ey-General‑ For the Respondent No. 3. Writ Petition No. 67 of 1992. Judgment Md. Abdul Jalil J.- This Rule, at the instance of Mr. Moudud Ahmed, an Advocate of this Court, was issued calling upon the respondents namely, the Bangladesh Bar Council and others, to show cause why the or...... a letter dated 27.7.87 from the then Secretary of the Supreme Court Bar Association through his learned Advocate Dr. M. Zahir forwarding therewith an extract of resolution of the Executive Committee meeting dated 20.4.97 and an extract of resolution of the General Meeting dated 20.7.87. (Annexures ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
.... 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...... on which such act or enactment should come into effect and for the fact that such effective date has deprived certain class of persons of the benefit of the financial measure, such measure cannot be called in question by terming such measure as violative of the equality clause as enshrined in Artic......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
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. .........Petitioner Vs. State...................................................... Opposite Party Judgment January 20, 1993. Result: The Rule is absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; Borjahan Vs. S......- By this application under section 491 of the Code of Criminal Procedure the detention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execution of an orde......inst him and as a result, a case being Hijla Police Station Case No.1 (1)93 is pending against him. In ground No. 4 it is stated that at a place named Kazirchar within Police Station Muladi he held a meeting on 24.1.93 for enlisting members in the Sharbahara Party and as such, a General Diary being ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....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 ...... 80 of 1984, 81 of 1984, 82 of 1984, 83 of 1984, 94 of 1984, 85 of 1984, 96 of 1984, 87 of 1984, 90 of 1984, 92 of 1984, 93 of 1984, 94 of 1984, 95 of 1984 and 96 of 1984 passed on 16.1.1988 has been called in question. Along with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by ......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)
....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......r an important piece of material evidence". 14. But in the instant case it does not appear that the finding of the learned Magistrate is vitiated by any such defect hence no interference is called for by the learned Sessions Judge under section 439A CrPC. 15. This view was in agreemen...... 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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