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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; ...... The plaintiff-appellant is a private limited company incorporated 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 ......Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respon...... Province of Punjab, PLD 1954 (Lah) 151=PLR 1954 (Lah) 149. Lawyers Involved: Mir Mokhlesur Rahman with Miss Nasrin Parvin, Advocates—For the Plaintiff‑Appellant ‑Petitioner. Md. Amir Hossain with Mrs. Shanaz Huq, Advocates—For the Respondents. Civil Revision No. ..

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. ......ghter aged about 14 years was kidnapped from his bhiti (hut) by the accused Abdul Khaleque and others. Pursuant to that the Kendua PS Case No.1 (7) 92 was initiated under sections 448 and 366A of the Bangladesh Penal Code. 3. On the basis of the allegation the victim girl was arrested and produ...... Present: AKM Sadeque J KM Hasan J Nurunnahar Khatun …………………………………….Petitioner Vs. State…………………………&helli...... 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

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.......r 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 25.3.78 for setting......Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Haque J Md. Abdul Karim J Trang Ice and Cold Storage Company Limited............................Appellant Vs. Amin Fish Farm and Industries Ltd. and others...........................Respondent Jud...... 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......Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Ruhul Amin J Professor Ghulam Azam……..........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka an......on (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Ruhul Amin J Professor Ghulam Azam……..........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat,......n 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)

.... 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......the case. 2. This case was filed by the petitioners under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) against the respondent No. 2 Bangladesh, represented by Secretary, Ministry of Public Works and Urban Development, challenging th...... (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Amela Khatoon and others...............................................Petitioners Vs. Chairman, Court of Settle­ment and another........................Respondents Judg......pur Housing Estate, Dhaka, in the 'Kha' list of the abandoned properties published 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..

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.   ......p;………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M Nurullah wi......ittee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M Nurullah with AQM Shafiullah, Advocates‑For the Petitioner. Saha Md. Abu Nayeem Mohammad Mominur Rahman, Advocate‑For the Opposite Party. Civil Revision No. 1..

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 ......r J Kazi Ebadul Hoque J Madaris Ali and others…………………………………………Appellants Vs. Biswamber Das being dead his heirs………………….......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

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   ......nbsp; (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Develop­ment Board and others............Respondents Judgment May 25,......p;   (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Develop­ment Board and others............Respondents Judgment ......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   ......site 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 @ Sirajul Islam, 32 DLR (AD) 1; Bangladesh Vs. Abdul Wahab and others......hellip;……………………………………………Petitioner [In Criminal Revision 1679 of 1992] Vs. State…………………………&helli......r Mohammad Ali………………………………………….Petitioner [In Criminal Revision 1155 of 1992] Md. Giasuddin…………………………&hellip..

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.     ......sion (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. ......ourt Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, ......dvocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71.     ..

Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5

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     ......46 DLR (HCD) (1994) 426     ...... Mohammad Gholam Rabbani J Bangladesh Retired 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, Gove......htiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates—For the Petitioners. Abdul Wadud Bhuiyan Addl. AG with Kaiseruddin Ahmed DAG, Mashuque Hossain Ahmed, AAG, Saidur Rahman, AAG and Md. Sirajul Hoque AAG—For the Respondent No.1. Writ Petition No. 313 of 1989. Judgme..

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......risdiction) 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        ......rt High 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 Jud...... This Case is also Reported in: 46 DLR (HCD) (1994) 268   ..

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),...... 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), Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of 3 months. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Naimuddin Ahmed J Abu Sayeed Ahmed J Jahanara Begum.......................................Petitioner Vs. State...................................................... Opposite Party Judgment ...... Muladi Police Station General Diary No. 183 dated 7.4.93 was recorded against him. In ground No.7 it is stated that on 10.8.93 at 2‑00 AM at night the members of the Sharbahara Party kidnapped one Md. Salamat Rari and assaulted him and as such, a criminal case being Hijla PS Case No. 4(8)93 is pe..

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.................Petitioners Vs. Major Sabbir Ahmed and others....................Respondents Judgment December 13, 1992. Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration  A......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Chowdhury J KM Hasan J Ayesha Khanam and others.........................Petitioners Vs. Major Sabbir Ahmed and others....................Respondents Judgment December 13...... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399   ..

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

Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)

....n unskilled worker being a loader working under the petitioner Nos. 1 and 2 the Proprietor and the Manager respectively of a printing press named the Star Press, on a monthly wage of Taka 307.00. The Government by a Notification published in the Dhaka Gazette Extraordinary dated 12th July, 1980 bein......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   ...... Naimuddin Ahmed J Mohammad Gholam Rabbani J Kazi Giasuddin and another………………………………Petitioners Vs. First Labour Court, Dhaka & another………………Resp......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

Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)

....ncome of assessee or not, the true test is whether the amount reached the hand of the assessee. In the case before us the surplus was no doubt to be paid to the Corporation under the direction of the Government and there seems to arise an obligation. But each obligation is not the decisive factor. W......te the question and to answer the same it is necessary to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products. It is a subsidiary company of Bangladesh Petroleum Corporation, hereinafter shall be called “the Corporation". The Corp...... Division (Special Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hussain J Meghna Petroleum Limited...................................Applicant Vs. Commissioner of Taxes (West Zone) Dhaka.................Respondent Judgment Novem......& Steel Co. Ltd. Vs. Union of India and others, 75 ITR 676; Commissioner of Inland Revenue Vs. Frank Bernard Sanderson, 8 TC 44. Lawyers Involved: Rafique‑ul Huq with Mustafa Adil and Md. Shorful Islam Khan, Advocates—For the Applicant Md. Moksudur Rahman, Advocate—F..

Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6

Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)

....red to- Azimuddin Industries Ltd. Vs. Collector of Central Excise and Land Customs, Chittagong and others, 18 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (S......zimuddin Industries Ltd. Vs. Collector of Central Excise and Land Customs, Chittagong and others, 18 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. L......nbsp;   Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........Respondents [In al......of Central Excise and Land Customs, Chittagong and others, 18 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. Lawyers Involved: Khondker AM Mohse..

Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

.... under Article 102 (2)(1) (b) of the Constitution of the People's Republic of Bangladesh and is directed against an order dated 19.5.92 issued by the Assistant Director, Immigration and Passport, Government of Bangladesh, impounding the passport of the petitioner. 2. In the instant case the......nt: Anwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others………………………&hellip...... Present: Anwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………&helli......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....llowed a house being house No. 7, Lane No.4, Block No.C, Section No.10, Mirpur Housing Estate under Memo No. 3754/CHS dated 11.7.1963 by the Assistant Commissioner Works (Housing and Planning) of the Government of the then East Pakistan and a deed of conveyance dated 5.8.1963 leased out to the petit......wdhury J Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others………………………&hellip......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118.   ......e person to whom the case property was leased out by erstwhile Government of East Pakistan. It is stated that the case property was leased out by the then East Pakistan to one Abdur Rouf, son of late Md. Hassan. The domicile certificate of the petitioner also shows the name of Abdur Rouf, son of lat..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

Shabir Hassan alias Bachchu Vs. Government of the People's Republic of Bangladesh and Others, 1992, 21 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Shabir Hassan alias Bachchu......................Petitioner Vs. Government of the People's Republic of Bangladesh and Others........Respondents Judgment ......l Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Shabir Hassan alias Bachchu......................Petitioner Vs. Government of the People's Republic of Bangladesh and Others........Respondents Judgment July 26, 1992. Result: The Rul......Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Shabir Hassan alias Bachchu......................Petitioner Vs. Government of the People's Republic of Bangladesh and Others........Respondents Ju......with any other case. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 257   ..

Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1