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Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....SK Siddque, Advocates—For the Defendant No. 3. Admiralty Suit No. 18 of 1993. Judgment AM Mahmudur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the defendant 3 for 4,34,112.00 issued by Bank Indosuez, ......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
....iginal Decree No. 221 of 1976.
Affirmed by the Appellate Division in CP. NO. 496 of 1993.
Judgment
Md. Mozammel Hoque J.- These two appeals are directed against the judgment and decree dated 27.06.74 passed in Probate Case No. 6 of 1973 (20 of 1972) and Letters of Administration Case ......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)
.... Criminal Appeal No. 1640 of 1992. Judgment Muhammad Ansar Ail J.-This appeal at the instance of appellant Ashok Kumar Saha arises out of the judgment and order of conviction and sentence dated 21.9.1992 passed by the learned Additional Sessions Judge, Court No. 8, Dhaka in Sessions Case...... of such delay in lodging the same and hence such unexplained inordinate delay casts doubt on the prosecution story. In support of his contention, the learned Advocate for the appellant relied upon a decision in the case of S Mohsin Sharif Vs. State reported in 7 DLR 186 and also relied on another d..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....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 by the First Labour Court, Dhaka in complaint case No. 37 of 1990 as evidence......t 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 by the First Labour Court, Dhaka in complaint case No. 37 ..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)
....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 ......ating the ship and supply of the necessary was for life under distress. From such statement it is to be seen whether those disclose a cause of action for salvage within the meaning of the law and the decision in this regard. Carver in his treatise "Carriage by Sea" 12th Edition in Chapter ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....isi was issued on an application under Article 102 of the Constitution of the Peoples' Republic of Bangladesh calling upon the respondents to show cause as to why the judgment and order dated 15.4.89 (Annexure 1 to the petition) passed by the Court of Settlement, Bangladesh Abandoned B......resident's Order 16 of 1972 and the decree is binding on the Government until it is set aside by a court of competent jurisdiction and the decree stands against the Government and referred to the decision in the case of Rahela Khatoon Vs. Chairman, Court of Settlement reported in 45 DLR 5. Mr. C..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)
....hatian No. 442 of Mouza Char Chandia from late Abdul Majid, predecessor of the opposite party Nos. 2‑5 and from Mozaffar Islam, predecessor of opposite party Nos. 6‑10 by registered deed No. 2944 dated 27.5.67. From the same sets of vendors the petitioner also purchased 0.22 acres of land out of......t;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 controversy between the parties affecting their rights, even..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....of the Arbitration Act, to refer the dispute to an arbitrator in view of an Arbitration Clause in the Articles of Association of the company. The learned Subordinate Judge by his impugned order No.19 dated 29.8.89 against which the defendant has preferred the miscellaneous appeal No.166 of 1989 unde......lar in support of the allegations which obviously 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 ..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....man 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 by the Additional Sessions Judge, Ist Court Dhaka, in Sessions Case No. 300 of ......is name was mentioned in the charge sheet and his statement was also recorded by the learned Magistrate under section 164 CrPC and that being so, he is a necessary witness to be examined for the just decision of the case but attendance could not be procured earlier as he was outside the country for ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....vil Revision No. 110 (fm) of 1992. Judgment Muhammad Ansar Ali J. — The First Miscellaneous Appeal at the instance of the plaintiff Bengal Water Ways Ltd. is directed against an order dated the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upon an a......dure and therefore it is appealable under Order 43 rule 1(r) of the Code of Civil Procedure. In support of his contention, the learned Advocate for the appellant has referred to a number of decisions vide 31 DLR 386, in the case of Secretary, Dacca Club Ltd. Vs. Mustafa Jamal; AIR 1964 (As..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....ocates—For Respondent No. 1 Appeal from Original Decree No. 66 of 1987. Judgment Mohammad Ismailuddin Sarker J. - This appeal by the Defendants is against the Judgment and Decree dated 18.3.87 passed by the learned Subordinate Judge and Commercial Court No. 1, Dhaka, in Money Su......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)
....irl on the ground that she is a minor girl, not yet 14 years old. The application was numbered as Criminal Misc. Case No.477 of 1992. 6. The alleged victim girl also filed a petition on the same date, clearing that she is an adult and 20 years old and understands the realities of life and as su...... 16 years. 17. In support of his above submission that 2 girl becomes sui juris at 16 years of age Mr. Amirul Islam, the learned Advocate appearing for the alleged victim girl, relies on several decisions. 18. He cites the case of Jahanara Begum allias Jotsna Rani Saha Vs. State and anothe..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....thout any basis of such claim. He further stated in details as to why the defendant No. 1 failed to provide four fishing trawlers to the joint venture company.
8. Ext. 1 is the Government letter dated 9.12.78 of the Ministry of Fishery and Livestock by which a list of 12 Thai parties were shown......ound of the aforesaid papers and documents Mr. Rokonuddin Mahmood, the learned Advocate appearing for the defendant No. 1 appellant, submits that in this appeal the following should be considered for decision:
(1) Whether the plaintiff was a party to the contract which was alleged to have been ..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....-This appeal at the instance of appellants, (1) Md. Abul Khayer, (2) Md. Idris Ali, (3) Md. Abdul Karim alias Karim and (4) Abdur Rahim arises out of the judgment and order of conviction and sentence dated 11.8.91 passed by The learned Sessions Judge, Naogaon in Sessions Case No. 24 of 1990 arising ......f judgment of the case, whereas according to the statute, the trial ought to have been concluded within (240+30) = 270 days i.e. there was a delay of 22 days in the conclusion of the trial as per the decision cited by him in the case of Nayan @ Fadul Haq Vs. State reported in 38 DLR 415, is wrong an..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)
.... 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. 250 of 1987 dismissing the case. 2. This case was filed by the ......s 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 and the Court of settlement can make such decision on the prayer of the applicant as it deems fit under section 10(5) of the said Ordinance&he..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... Nayeem Mohammad Mominur Rahman, Advocate‑For the Opposite Party. Civil Revision No. 1967 of 1991. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against the order dated June 15, 1991 passed by the Additional Assistant Judge, 5th Court, Dhaka allowing an applicati......it and injunction was granted against the petitioner the trial Court did not commit any error of law leading to failure of justice in allowing the amendment of the plaint. He placed reliance upon the decision in the case of Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choud..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....l from Original Decree No. 8 of 1979. Judgment Kazi Ebadul Hoque J. -This appeal at the instance of the principal defendant defendant Nos.1 to 13 is directed against the judgment and decree dated 30th November, 1977 passed by the Subordinate Judge, First Additional Court, Sylhet, in Title ......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)
....ed there from March, 1979 to May, 1980; that thereafter he was transferred to Chittagong as Executive Engineer in charge of electric supply, that while at Chittagong he was served with a charge sheet dated 3.9.80 containing thirty‑two charges of which sixteen charges related to the period of his s...... proceedings and, number two whether the provisions contained in the Code of Civil Procedure can be suitably applied to the writ proceedings. 9. Regarding issue number one, Mr. Ahmed has cited a decision of the Supreme Court of Pakistan reported in PLD 1970 (SC) I (Hussain Bakhsh Vs. Settlement..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....ourts below has been erroneous. We are afraid that this is not the scope of section 561 A of the Code of Criminal Procedure. 8. Now it is not disputed that the appeal from the judgment and order dated 19.8.91 passed in the Special Tribunal Case No. 29 of 1990 upon which the present Criminal Rev......onsidered and settled. Since these cases had bearing upon numerous other Rules issued by this Court and the Bar desired that there should be an amicus curiae to help the, Court to arrive at a correct decision, Mr. SR Paul the senior most Advocate of the Bar was requested to assist the Court as amicu..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....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 order dated 31.12.91 passed by the Bangladesh Bar Council in Appeal No.2 of 1991 dismissing the appeal sho......ber, 1990. On hearing the same the petitioner wrote a letter on 6.8.91 addressed to the President of the Supreme Court Bar Association stating that he had no knowledge of such resolution nor any such decision was ever communicated to him, nor any show cause notice was issued and requested the Presid..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
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