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Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

.... 46 DLR (HCD) (1994) 254     ......2;% per annurn as per rules and practice. The further case of the plaintiff was that by reason of purchase of the bills and for that matter the RR had always interest and control over the goods and nobody could take the goods without payment. Defendant Nos.2‑4 are bound as carrier either to delive..

Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3

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

....lip;………………Respondents Judgment January 12, 1994. Result: The Rule is made absolute. Cases Referred To- Fazlul Huq Chowdhury Vs. Government of Bangladesh, 30 DLR 336. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul I......reating the disputed property as abandoned property; that the petitioner was in the United Kingdom when the impugned Gazette notice was published on 23.9.86 and after his return he was not told by anybody about the publication of the aforesaid list and as such he was totally unaware of the fact of t..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....id, Assistant Inspector, District Anti‑Corruption Bureau, Faridpur, He himself took up the investigation of the case, seized some alamats, examined witnesses under section 161 CrPC and wrote to the Government for proper sanction for prosecution for the accused being a public servant and waited for......en observed: "Although an accused can be convicted on his pleading guilty yet for the interest of justice there should be some legal materials on record to support it. In the instant case nobody has come forward to prove the prosecution case. No witness has been examined in the case. The a..

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

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

....hem are possessing the lands by way of letting out to different tenants and others are possessing through bargaders. The petitioners also claimed that they have been paying rents for the lands to the Government by mutating their names. 4. Facts common in all the petitions, briefly, are as follo......aka City which is a public purpose and the said order having still remained in force no right has accrued to the petitioners claiming through the original owners to get the land, unless the requiring body DIT or the Government release the land or abandon the project. Mr. Aminul Hoque, the learned At..

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.   ...... 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.   ..

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)

.... Division (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Ayub Ali (Md.).......................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretar......llow the procedure prescribed for trial actions in courts nor are they bound by strict rules of evidence.” Relying on the decisions cited above we are of the view that the domestic enquiry body is not a court dealing with the matter which could be said to be judicial proceeding and hence ..

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)

....jection against the acquisition proposal but neither the petitioner nor anybody of the recorded tenants filed any  objection against the acquisition proposal within 15 days or thereafter and the Government vide Order No. General 1/84/102(68) Requisition dated 31.1.1984 accorded approval on 24.6......on 24.5.1986‑at the initial stage of the proceeding. There is no graveyard within the land acquired. Mr. Monsurul Haque is the principal of Lakshmipur Mahila College which is managed by a governing body. That there was a pressing need for a Mahila College at Lakshmipur and, as such, the College wa..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

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   ......্ত স্থানে প্রবেশ ও তল্লশি করিতে পারিবেন।” He also referred to section 37 of the said Act in respect of the search of the body of a suspected person which runs thus: “৩৭। দেহ তল্লাশীর..

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

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....al Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Responden......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. ..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

....c survey services; (iv) To carry out removal of wrecks and obstructions in inland navigable waterways; (v) To fix maximum fares and freight rates for inland water transport on behalf of the Government as provided in section54(A) of Inland Mechanically Propelled Vessels Act, 1917; ......d 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 water transports and of certain naviga..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

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

.... suit in favour of the plaintiff-respondent No.1. 2. The respondent No.1 namely, Amin Fish Farmand Industries Limited being plaintiff instituted the aforesaid suit alleging, inter alia, that the Government of Bangladesh signed an agreement with the Government of the Kingdom of Thailand on 25.3....... 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   ..

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

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

....ers.....................................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 Hashim Vs. State, PhD 1956 (Karachi) 485;People's...... with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." ..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7

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   ......lam's wife demanded divorce from him and that in the absence of Kalam other persons used to visit his wife; that on 25.12.87 at about 9 0' clock in the morning the informant heard that a dead body was floating in the Padda Pukur within village Beniaduar. He then rushed to that village and wi..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)

.... can pray for exclusion of any building to him from the list of abandoned properties without praying for any other relief that the building is not an abandoned property and has not been vested in the Government or that his right or interest has not been affected by the provisions of the said Order a......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

Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)

....f America by a registered deed of sale dated June 8, 1964 and the Embassy took possession of the land and was in peaceful possession. While the Embassy was in possession it entered into a talk at the Government level for exchange of its land with the land of Rajdhani Urmayan Kartipakha (RAJ UK) situ...... 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)

....hen they came to know from the principal defendants about the sale of the suit land by the proforma defendants to the principal defendants. The plaintiffs neither claimed to have paid any rent to the Government from 1363 BS till the time of filing the suit in 1382 BS nor produced and proved any rent......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 ..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

.... 426     ......and is paid on consideration of the obligation of the State not to leave its employees who rendered service in the useful span of life to penury in their old age and disability and infirmity of their body and mind. According to the petitioners, apart from a statutory obligation of the State the supe..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Mozammel Hoque J Md. Abdul Karim J Pronab Kumar Chakraborty and others............Appellants Vs. Government of the People's Republic of Bangladesh and others.......Respondents Judgment&nbs...... Supply Company Limited for whose benefit the Government acquired the land in question under the Land Acquisition Act, 1894, it was decided by a Division Bench that the Act did not give the requiring body the right of appeal. In the instant case, the validity of a contract for transfer or lease of a..

Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2

Jahanara Begum Vs. State, 1993, 21 CLC (HCD)

.... section 3(2) of the Special Powers Act, 1974 directing him to be detained for a period of 30 days. The grounds of detention were duly served on the detenu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security),...... 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.   ..

Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1

Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)

....ts of the country and thus the petitioner No. 2 never had a marital home of their own with the respondent though petitioner No. 2 at various times lived with respondent in the quarter allotted by the Government as a visitor. On 24.8.88 a child was born of the said wedlock and the child since then ha......b) of the Constitution is very wide in nature as it provided that any person, and not only aggrieved person as in mandamus or certiorari or quo warranto, can take to the notice of the Court that some body is illegally detained by any person and pray for a declaration that the person is so detained i..

Category: Family Law | Date: 13 Dec, 1992 | Hits: 4