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Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....notice under section 3 of the Ordinance was served in the locality of the land in question. According to the petitioner, he had set up a dairy and poultry farm on his land after taking loan from Arab Bangladesh Bank and further the said land is situated in the commercial area of Chittagong and not s......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ...... Mahmudul Islam, (Senior Advocate, Rafique-Ul Huq with him), instructed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioner. Not represented— For the Respondents. Civil Petition for Leave to Appeal No. 65 of 1997. (From the Judgment and order dated 12-12-95 passed by the Hi......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Bangladesh Air Service (Pvt) Ltd……………….Appellant Vs. British Airways PLC ......(SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240); 4tannel Tunnel Group Ltd. Vs. Balfour Beatty Ltd., 1993) 1 All ......to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol......ourt of Arbitration, London is not a foreign award and is not enforceable in Pakistan. The Central Government of Pakistan thereafter promulgated on 6-6-62 the Foreign Awards and Maintenance Orders Enforcement (Amendment) Ordinance, 1962 (Ordinance LIII of 1962) removing doubt and declaring that ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....(2000) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148.......xtraordinary, 23rd September,198 Petitioner filed application under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 and thereupon case No. 277 of 1987 was registered before the Court of Settlement, Dhaka.
3. The respondent i.e. Government of Bangladesh, entered app......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148...
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ...... Hoque J.- This Rule was issued calling upon the opposite party Mr. Ansaruddin, Officer-in-Charge, Mehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....44.
...... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
......nnas landlords of the same and remaining 2 Anna share of the said fishery belonging to other landlords was settled with one Inamullah, one of the persons who took Pattan of the 14 Anna share thereof, for 30 years with affect from 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus ...... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents &nbs......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......‑ For the Respondents. Writ Petition No.2384 of 1994. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....e J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another………………..Respondents Judgment July 17, 1996. Result: Th......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ...... declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the petitioner was appointed and authorised to perform the functions and duties of Nikah Registrar for the ward Dhaka Cantonment Board under a licence......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......ation Testing Laboratory Chittagong (Annexure‑D). 2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 50......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....rt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Fazul Haque J Syeda Chand Sultana and others.......................Petitioners Vs. Government of Bangladesh, represented by the Ministry of Works, Secretariat Building Ramna, Dhaka and others............page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......sh Abandoned Property (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain persons who are n......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
....…………………..Respondents
Judgment
April 4, 1996.
Result:
The Appeal is allowed.
Cases Referred to-
Director General Chairman Bangladesh Television Vs. Bengal Techno Consult Limited; 1988 BLD 364; 6 DLR 473; ILR 13 (ALL) 300; ......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......ort, may be stated as follows:-
The Government of the People's Republic of Bangladesh decided to construct some flyovers in the city of Dhaka, one at Mohakhali and another at Banani and for this purpose they floated tenders from intending contractors. Many contractors including th......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Eastern Chemical Industries Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred t......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......tioner, an enterprise of Bangladesh Freedom Fighters Welfare Trust, impugns the Demand Note No.1/93 dated 26.9.93 issued by the Superintendent of Customs, Excise and Vat, Rangunia Circle, Chittagong for recovery of Taka 4,16,033.00 under section 55 (1) and (2) of the Value Added Tax Act,1991. 2.......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....w to give such association or body a separate and distinct artificial personality or legal entity then the same also becomes a corporation or a company. Instances of "statutory corporation” are the Bangladesh Jute Corporation, established by the Bangladesh Jute Corporation Ordinance 1973 and Jibon......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......ner (In all Revisions). SR Paul with Bazlur Rahman Chhana and Momtazuddin Fakir, Advocates-For the Opposite Party No.1 (In Criminal Revision Nos. 88, 89 and 90 o 1987). Md. Khurshid Alam Khan, for Alimuzzaman Chowdhury, Advocates ‑ For the Opposite party No.1 (In Criminal Revision No. 104 o......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of contract against defendant Nos.1 to 11 along with defendant No.12, the People's Republic of Bangladesh, upon making various averments including that the plaintiffs filed TS No.7 of 1983 in th...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......aint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of contract against defendant Nos.1 to 11 along with defenda...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ction) Present: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Case No. 464 of ......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑3) Pustak......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......et aside. 2. Facts leading to this Rule, in brief, are that the opposite party No.1 filed Family Court Case No.12 of 1990 in the Court of Assistant Judge, Akhaura on 3.6.90 claiming Taka 1, 32,500 for prompt dower, maintenance, medical expenses and value of gold ornaments, against the petitioner ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......2 (PC) a Single Judge of the High Court Division has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No.746 of 1984, out of which this appeal has arisen by leave, that a suit for specific performance of contract by a minor is not maintainable on the ground that the contract......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
.... Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216; Shambhu Nath Poddar Vs. Bangladesh Railway and ors, 43 DLR (AD) 82. Lawyers Involved: Shamsul Alam, Advocate&mdash......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ...... No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of the ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......Abdul Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....y this Court calling upon the respondents to show cause as to why the impugned order dated 19.5.1983 vide Annexure‑C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
......on, of the Department of Immigration and Passport of the Head Office at Dhaka and thereafter he was transferred to Regional Passport Office at Chittagong as Officer‑ in‑Charge and he served there for about 4 years. On being promoted as Deputy Director, Immigration and Passport by the order of Mi...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....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. ......er……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appea......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
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