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....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
......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
......ndition prayed for joint survey; that 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 t..
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
......s been prescribed by law for seeking relief under Article 102 of the Constitution it has been consistently held that the aggrieved party in seeking such relief must show due diligence. Relying on the principle laid down in the case of Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagon......te their revised development scheme. According to decision of the revised scheme of Respondent No. 1, the Deputy Commissioner, Dhaka issued notice to the predecessors of the petitioners to refund the amount taken by them as part payment of compensation for the requisitioned land. It is contended by ..
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. ......di Vs. Mutsuddi reported in 45 IA 73. Following that decision Judicial Committee of the Privy Council in the case of Md. Ejaz Vs. Md. Iftikher reported in AIR 1932 PC 76 held that: "Adopting the principle of Mohammedan Law as stated by this Board in Imambandi Vs. Mutsuddi their Lordships have n...... for considenation before a Full Bench of the Allahabad High Court in the case of Ml Ante Vs. ML ReotiKuar and others reported in AIR 1936 (Allahabad) 337. In that case it was held that a transaction amounting to an alienation of an immoveable property belonging to a Mohammedan minor by the de facto..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
.... 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
...... 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
...... the petitioner filed an objection before the Minister of Land Administration. However, the objection petition was rejected on 16.10.1986. The college authority has deposited the entire assessed amount to be paid as compensation, Munsurul Haque, the Principal of the College, has got nothing to ..
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 ......es 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. The principle of law enunciated therein does not admit of any doubt but the question is whether the bank......satisfaction of the defendant and her owner including others. It is alleged that since his joining the service as Master of the vessel he was not paid regularly the monthly wages and as a result huge amount has been accumulated as arrear to his credit. It is further alleged that he was taken down fr..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.
......er two matters (1) the intention of the testator disclosed by the will and (2) the manner in which effect can be given to that intention. In ascertaining the testator's intention, it is a settled principle that his intention is to be sought in the words that he has used in his will given, normal......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
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 ......argo of a ship either within a river or harbour or even in a dock. The author referred, in this respect, to the case of Hartford vs. Jones at page 792 of the book. These are voluntary salvage and the principle of such salvage is not attracted to the facts of the present case. Here under an independe......d to return to the port with 80 M/Tons of cement. The plaintiff alleged that for sending MV Queen of Heart for lighterage job including special pay for the master and the crews it had to spend a huge amount of money as per condition No. 5 of the agreement and the plaintiff is entitled to freight on ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
....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.
......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.
......ed Subordinate Judge in the said suit upon an application filed by the plaintiff under Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the defendant in order to avoid payment of the dec..
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. ......torney‑General has placed reliance on the case of Mohanial Shamji Soni 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 ac......tion of the accused under section 342 CrPC, hearing of argument of the defence once; the defence has been fully disclosed and as such the order allowing additional witnesses to be examined will amount to allow the prosecution to fill the gap in the case and patch up the holes and, therefore, t..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 ......acts of each particular case, No Court therefore, ought to lay down absolute propositions when such are not necessary and forge fetters for itself. At the same time, I may point out what the accepted principles have been and what has been according to the reported cases, the practice of the Courts. ......L Rokeya' was assessed to the tune of Taka 3,03,800.00 only as claimed by the plaintiff against the defendants. The defendants, on the other hand, prepared a bill for their salvage charges for an amount of Taka 44,129.80 only and sent the same to the plaintiff claiming payment thereof. However, ..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 ......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 ......n of the said approach, an Over Draft limit of Tk. 50,750.00 was sanctioned by the Bank on 10.6.70 which was subsequently enhanced to Tk. 70,000.00 on 12.12.70; that in Order to secure the Over Draft amount, the said Halima Khatoon pledged National Investment Trust Certificates (N.I.T) valued at Tk...Category: Limitation Law | Date: 25 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
......nt Nos. 1-6 contested the suit by filing joint written statement denying all the allegations made in the plaint and also contending that the suit is not maintainable as it is barred by limitation and principle of waiver, acquiescence and estoppel. In the written statement (he contesting defendants d......er Mahbubuddin Ahmed submits that the present plaintiff is entitled to the damage against the defendant No.1 in view of the fact that for constituting the new company the present plaintiff spent huge amount of money and the plaintiff company suffered loss due to the carelessness and negligence of th..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......at the learned Assistant Attorney-General is absolutely correct in his submission on this point and the contention of the learned Advocate for the appellants has no substance or legal force. The principle regarding calculation of working days settled in the decision reported in 40 DLR (AD) 97 i...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......e amendment allowed has the effect of a decree for permanent injunction which cannot be made without seeking for declaration of the. He contends that the order of amendment is contrary to the settled principle of law. 7. Mr. Shah Abu Nayeem Mominur Rahman vigorously canvassed that as the plaint...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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 ......aintiffs 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…………&hell..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
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 ......cisions. The foremost being the decisions in the case of Abdul Quader Chowdhury and others Vs. State, reported in 28 DLR (AD) 38. In this case their Lordships of the Appellate Division enunciated the principles upon which this Court could invoke the inherent jurisdiction under section 561A of the Co...... it has been held: "There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amount to abuse of the process of the Court or that the quashing of the impugned proceedings would s..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. ......s he was enrolled before the said provision came into being and that in order to practise in the Supreme Court no membership of the Bar Association is necessary. He also submitted that the elementary principle of natural justice was not observed in the case as the petitioner was not given any opport......r Association and that he did not comply with the provision of Rule 66(1) of the Bangladesh Legal Practitioners and Bar Council Rules, 1972 while practised after releasing from the prison and that it amounts to professional misconduct. It was also observed that the appellant preferred the appeal bef..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
......ade on the basis of emoluments which the government employee was receiving immediately before his retirement i.e. the last pay drawn by the government employee on the date of his retirement. The same principle has been followed in the latest Notification i.e. Memo No. ME (Regn‑1)3P‑28/85/60 date......€‘28/85/60 dated 10.8.85 as at Annexure‑C to the writ petition which is impugned in this case. In addition to pension certain other benefits such as, commutation of pension and payment of lumpsum‑amount in lieu thereof known as gratuity and of net payment of a lump‑sum amount of 12 months'..
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
......tary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on payment of Taka 3155,000.00 per acre, the total amount being Taka 4,20,000.00 to be paid through Bank Drafts, Accordingly, the Plaintiff Unnayan Par..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
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. ......d 6 certain specific allegations have been made about the conduct and activities of the detenu and it appears that these activities were also used as grounds of detention. 9. It is now a settled principle of law that vague, unspecified and indefinite allegations in the grounds of detention rend...... general and accordingly, an entry in the General Diary being Muladi PS Diary No.124 dated 5.2.93 was recorded. In ground No. 6 it is stated that on 6.4.93 he and the workers of the party demanded an amount of Tk. 20,000/00 from the Bazar Committee of Khaserhat within Muladi Police Station and as a ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
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