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Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....e Division Bench having passed an order on 5.1.92 staying appointment of arbitrators in Arbitration Miscellaneous Case No.78 of 1990, the filings of the award by the arbitration on 15.1.92 was illegal and without jurisdiction. The Division Bench found that the petitioners did not inform the cou......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....tirement of the petitioner under MLO 9 being a colourable exercise of power is mala fide and has been made out of grudge as the petitioner earlier filed Writ Petition No.355 of 1980 challenging the illegal supersession by way of promoting his juniors to the higher rank. It is submitted that the MLO ...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....e Chief Commercial Manager (Claims) of defendant No. 2 to enquire about the matter and arrange delivery of the goods but without any reply and then finding no other alternative the plaintiff served a legal notice upon the defendant No. 2 on 5.10.68 but without any result. The plaintiff also sent a t......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
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Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....ulshan Model Town, Dhaka and Memo No. Shakha‑9/AP/675 dated 12.5.1988 (Annexure "A (1)") to the petition should not be declared to have been made without any lawful authority and is of no legal effect.
2. Case of the petitioner is that he is, a citizen and permanent resident of Bang......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
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Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ce for violation of the provisions of section 6(5) of the Criminal Law (Amendment) Act 1958, the whole trial was vitiated and the impugned judgment and order of conviction and sentence were bad and illegal. 6. In reply to the above submission of the learned Advocate for the appellant, Mr. AFM S......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....istan National Shipping Corporation under the provisions of Pakistan National Shipping Ordinance, 1979 and all suits, appeals or other proceedings by or against the then Pakistani principals is to be legally continued and prosecuted by or against the Pakistan National Shipping Corporation represente......erns by the Pakistan Shipping Corporation but under the provision of section 8 read with Part A of the first schedule of the Pakistan National Shipping Corporation Ordinance, 1979 "the status quo" as existing immediately before the first day of January, 1979, in respect of establ..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....nexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withdraw the same and or pass such ......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
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Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....uthority to enter into an agreement to sell the suit property at the time mentioned in the plaint and allegation of extension of the agreement for sale is totally false and the alleged execution is illegal; that plaintiff's claimed agreement having been executed without permission of the court i...... 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
....w cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' shall not be declared to have been passed without lawful authority and is of no legal effect, or such other or further order or orders passed as to this court may seem fit and prop......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
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Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the application is, that he has got ...... 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
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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)
....taken down from the Vessel by defendant No. 2 in order to sign off on payment of the dues but defendant No. 2 did neither pay nor signed off and as the result the plaintiff was stranded due to such illegal action of the defendants. Subsequently correspondences were made between the parties for ......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 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....it property as reversionary heirs of Sudhir Chandra Das and they have pleaded in defence that this Trinayani died as Muslim worrian, the passing of the properties to the hands Of the petitioners is illegal, inasmuch as they are trespassers therein and they instituted Miscellaneous Case No. 469 of 19......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.
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Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....aka in complaint case No. 37 of 1990 as evidenced by Annexure‑'L' to the petition moved in Court today, should not be declared to have been made without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......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
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....uarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has filed this application asserting......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
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 ......ection 115 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 petiti..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
.... not cover an order under Order 38 rule 5 CPC. The impugned order being admittedly made under Order 38 rule 5 CPC, no appeal could be filed against the same. Being faced with this legal position, the appellant has made an application for treating the memorandum of appeal as an ap......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.
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Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... approval of Timetables was required to be done twice a year under the provisions of said Act and that stopping of the issuance of the Time-table for the plaintiff vessel by the defendants was bad, illegal, void, without jurisdiction and inoperative. It was alleged that the defendant No. S informed ......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 Referred to- S..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....could not be encased by the Bank; that after her death, the Defendants did not pay any heed to the demands and requests of the Bank to liquidate the outstanding dues; that ultimately, the Bank issued legal notice on the Defendants on 10.4.81 demanding payment of the dues and that the cause of action......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 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....tim girl is that she, being an adult woman and not being an accused or a lunatic, is entitled to live freely. If she is kept in custody under the garb of a Court's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and changed her n...... 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
....her party. Terms of the contract can be enforced only by the contracting parties and not by third party.
13. Mr. Rokonuddin Mahmood further submits that the company is a separate and independent legal entity M/s. Amin Fish Farm and Industries Limited, namely, the plaintiff may be a share-holder...... 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
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Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
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