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Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)

....l and was compelled to take leave for 3 months under the provisions of section 15 of the Ordinance by a resolution of the Union Parishad dated 16.9.92. By the same resolution Mr. Ebayed Ullah Khan, a member of the Parishad, was elected as the Acting Chairman during the leave of absence of the writ p......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ......d Co. Ltd. and others.........Defendant‑Opposite Parties Judgment February 24, 1994. Result: The Rule is made absolute. Cases Referred to- 22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve Barman Manikya Bahadur; 29 DLR 81 (Ibra...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)

....lawful authority and of no legal effect and/or to pass such other or further order or orders as to this court may deem fit and proper. 2. In this case the petitioner, Redwan Ahmed was elected as member of the Parliament election held on 27.2.91 from No.253 Parliament Constituency (Comilla‑6),...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ..

Category: Election Law | Date: 25 Jan, 1994 | Hits: 2

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....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. .................................................Respondent Judgment January 17, 1994 Result: The appeal is dismissed. Cases Referred to- Persumal & ors. Vs. Government of Pakistan & ors., PLD 1960 (Karachi) 690; Mst. Umda Begum & another Vs. Saad Saood Jan & ......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)

.... 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   ...... 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   ...... 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

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

....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     ......dinary prudence. It can limit its liability only by entering into special contract with the parties concerned….......(11) Cases Referred to- Jamiruddin Pradhan Vs. Federation of Pakistan, 9 DLR 99. Lawyers Involved: MA Wahab, Advocate—For the Appellant Khon......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     ..

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

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

....inal Appeal No. 883 of 1990. Judgment Muhammad Ansar Ali J.— This appeal under section 10 of the Criminal Law (Amendment) Act, 1958 at the instance of accused Md. Saheb Ali Miah, ex‑member of Nagarkanda Union Parishad arises out of the Judg­ment and order dated 6.9.1990 passed ......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.   ......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

Trans Oceanic Steamship Co. Ltd. and another Vs. Adamjee Insurance Co. Ltd. and another, 1993, 22 CLC (HCD)

....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ......ny such perils of the sea or act of God responsibility and liability of the carrier is there for loss or damage of the goods. 13. In the case of Muhammadi Steamship Co. Ltd. Vs. Province of East Pakistan and others reported in 22 DIM 96 a Division Bench of the Dhaka High Court while dealing wit......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ..

Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4

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

....ttorney‑General has referred to the case of Abdus Sattar and others Vs. Dacca Improvement Trust and others in Writ Petition No. 527 of 1979. In the said case public notice inviting application from members of the public for allotment of plots of land on lease under the heading "Baridhara Resi......2, 1993. Result: The Rule is discharged. Cases Referred to- Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagong , 13 DLR 804 ; Akhtaruddin Khan Vs. Province of East Pakistan, 15 DLR 1 ; Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others ......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       ..

Category: Constitutional Law, Property Law | Date: 22 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)

....r to compel the attendance of witnesses. It is not bound by the rules of evidence; it is indeed probably ignorant of them. It may act and it sometimes must act, on mere hearsay, and in many cases the members present or some of them (like an English jury in ancient days) are themselves both the witne......mar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. TR Varma, 1958 SCR page 499 507; KL Shinie Vs. State of Mysore, AIR 1976 (SC) 1980; Abdul Majid Vs. Province of East Pakistan and others, PLD (Dae) 1962 132; Abdul Hannan Khan (Md) Vs. Secretary, Ministry of Home Affa......ch provides: “It extends to the whole of Bangladesh and -applies to alt judicial proceedings in or before any Court, including Courts-martial, other titan Courts-martial convened under the Army Act, 1952, the Naval Discipline Ordinance, 1961 or the Air Force Act, 1953.” The Dep..

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)

.... 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   ......mber 9, 1993. Result: The Rule is made absolute Cases Referred to- Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers Vs. Province of East Pakistan and others Lawyers Involved: SR Pal, Senior Advocate with Md. Fazlul Karim, AJ Mo...... 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   ..

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

Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

.... 373. Kazi and Kazi Motors took delivery of the used car No. Chittagong Kha‑3130 and he did not take delivery of the other car. It was further alleged that the petitioner was victimized as he was a member of the opposite camp of the Bangladesh Biman Workers Union. 3. Thereafter one Md. Jahang......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     ......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)

....le 6 of President's Order 16 of 1972 as no permission for sale of the holding was obtained from the Government. During the war of liberation the original lessee left Bangladesh with the members of his family and after liberation his where a bouts were not known and as such the property......ful owner in occupation of the said holding with a semi-pucca structure thereon by virtue of an agreement to purchase from Ali Mohammad Khan, the original allottee of the Government of erstwhile East Pakistan allotted on 25.10.62 followed by delivery of possession on 13.12.62. Mr. Khan received Taka......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)

....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ......o;On an application for ad interim injunction asked for ex parte, under Order XXXIX, rule 1 Civil PC in a suit under the original jurisdiction of the Karachi Bench of the High Court of West Pakistan, in original jurisdiction passed an order of usual notice of the application to other side.......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ..

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. ...... 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. ......e as she had been in love with him for about six years. She did not want to go back to her father but preferred to go to her husband, Abdul Khaleque, who has been serving as a sepoy in the Bangladesh Army at the Mymensingh Cantonment. She has further stated that if she was not allowed to go to her h..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

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

.... made an application for registration as a citizen of Bangladesh in form 'D' after surrendering his Pakistani passport. The detenu-petitioner has been living in Bangladesh with all his family members, and his wife, sons and daughters are in Bangladesh although .There is no case or even any a...........................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 Republic of Bangla......country during the war of liberation and continued to remain as a citizen of Pakistan and he was instrumental to raising some Bahinis known as Razakars, Al-Badr and Al-Shams and helped the occupation Army. He also acted against the interest of Bangladesh by lobbying actively with other Muslim countr..

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

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

....e is to the effect that some overt act by each of the accused is necessary in the commission of the crime by two or more persons but in the case of application of section 149, if one is found to be a member of the unlawful assembly for the commission of a crime, whether he takes active part in it or...... 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   ...... 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   ..

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)

....ules, 1972 and the same runs as follows: "3(8) The notice referred to in clause (3) of Article 7 shall be in Form No. 11 and shall be served on the person in possession or on any adult male member of his family or, where none of them is available or they refuse to receive the notice, by af......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 ......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

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   ......her 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 ‑ Commissioner, Rawalpindi and......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

Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)

....nt April 21, 1993. Result: The Rule is made absolute. The Constitution of Bar Association; Articles 3 & 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Co......s leader of the parliamentary party of Jatiya Party. He was called to the English Bar from Lincoln's Inn in 1966 as a Barrister-at-Law and was enrolled as an Advocate on 31.12.66 by the then East Pakistan Bar Council and since then his name is borne on the roll of advocates maintained by the pre......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.     ..

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