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Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....ported in: 51 DLR (1999) 211. ......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......(part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (formerly MV Alsara), in brief, is that they are represented in Bangladesh by Mariners (Bangladesh) L......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ginal Jurisdiction) Present: Mohammad Anwarul Haque J AHM Shamsuddin Choudhury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Ban......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
....in: 52 DLR (2000) 516. ...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......d upon him on 08-02-84 under section 7(3) of the Ordinance. 3. On 22-03-84 the petitioner made an application purportedly under section 28 of the Ordinance being Miscellaneous Case No.15 of 1984 before the District Judge at Dinajpur for revision of the award. On 18-05-85 the learned District Judg...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......f 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him thereunder to suffer rigorous imprisonment for three years and to pay a fine of Taka 1,96,800.00, in default, to suffer rigorous imprisonment f......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others…………......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......assment of the petitioner who was earlier put to unnecessary trouble and harassment through arrest in connection with GD entry No.6767 dated 12-6-93 under section 54 of the Code of Criminal Procedure for which she moved the Metropolitan Magistrate Court wherefrom she was granted bail but she was the......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
.... Metropolitan Magistrate, Dhaka. Section 295(A) Penal Code reads as follows: "Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of the citizen of Bangladesh, by words, either spoken or written, or by visible representations insults or attempts to......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......ud, Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section 295A of Pen......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....se No.191 of 1988 (Ka 303) Mirpur, Dhaka should not be declared to have been passed without lawful authority and is of no legal effect. The petitioner has stated, inter alia, that after liberation of Bangladesh the property was wrongly enlisted as abandoned property and it was published in the offic......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......ia, that after liberation of Bangladesh the property was wrongly enlisted as abandoned property and it was published in the official gazette ‘Ka’ on 23-9-86. The petitioner filed an application before the Chairman Court of Settlement being case No.191 of 1988 for release of the house from the ab......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456...Category: Procedural Law | Date: | Hits: 92
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The asse......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......d order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applicant did not file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Bibi Zarina and others…………………Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Law......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......ed in the Bangladesh Gazette (Extraordinary) on 23rd September 1986. Thereafter the petitioners filed Case No.719 of 1987 in the 1st Court of Settlement claiming to be owner of the case property and for exclusion of the same from the ‘ka’ list of the abandoned buildings and also prayed for rest......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
..... Nurul Islam & another………………..Respondents Judgment November 23, 1999. Cases Referred to- Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and others Vs. Bangladesh and others, 42 DLR (AD) 57; Sachindra Lal Das and others Vs. Hriday Ranjan Das being dead......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......dinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against the defendant-appellants for a decree of Taka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
.... Ed. This Case is also Reported in: II ADC (2005) 221. ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......t those dated 28.4.1999 passed by the Second Commercial Court, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangla......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
...., 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to pe......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......t: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
.... Reported in: 40 DLR (1988) 163.
...... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......984.
2. The respondent No. 2 namely Sailendranath Biswas being a clerk under Divisional Superintendent (Workshop), Bangladesh Railway made an application under Section 34 of the I.R.O. praying for a declaration that the order dated 15-4-84 passed by the Chief Personnel Officer (West), Banglad...... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
..
Category: Labour and Industrial Law | Date: | Hits: 170
....her proceedings of the execution case pending before the executing court which has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356 where it has been held that the principle of construct...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 of 1987 by which their prayer for vacating stay was refused.
2. It is stated that on 25-9-85 the petitioners instituted Other C...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....rporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......eting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....al Vs. Union of India and others, AIR 1991 (Bombay) 91; Monni Lal Vs. Parmai Lal and others, AIR 1971 (SC) 330; Vida Charan Shukla Vs. Purshottam Lal Kaushik, AIR 1981 (SC) 547; Mahbubuddin Ahmed Vs. Bangladesh Election Commission, 50 DLR 417; Serajul Huq Chowdhury Vs. Nur Ahmed Company and Wahidur ...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au Jinnah and Kazi Rehan Nabi, Advocates—for the Petitioner. Tania Amir with Manzill Murshid- for the Respondent No. 1. Writ Petition N...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ourt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Se......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......d Awami League became the largest party in the Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami L......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
....is a violation of human rights and that in pursuance of the strategy of alleviation among the urban poor and having regard to the fundamental rights as provided in the Constitution, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Gover...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......ttorney-General—For the Respondents.
Writ Petition No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition s...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....urn to the 2nd contention advanced on behalf of the defendant No.3 (opposite party No. 2) by Mr. KS Zaman, the learned Advocate. He has pointed out before us the President’s Order No.7 of 1973, the Bangladesh House Building Finance Corporation Order, 1973 of Article 21(3) which runs thus: “No......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ...... J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....f a profession), and flick-knives irrespective of the size of the blade;…………………………………………………………..” 10. Unfortunately, the Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the so...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......sed by the Special Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998 should not be quashed. 2. It appears that the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petit...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
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