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Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ivil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....titioner Mrs. Samirunnessa is the mother of the detenu Md. Asadur Rahman @ Nabi Hossain. It has been stated, inter alia, in the petition that the petitioner and the detenue both are loyal citizens of Bangladesh and that the detenu who is aged about 22 years is a grocer and he is not associated with ......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the w......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
....
...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
...... Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside.
2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposite parties 1-5 and also proforma defendant No. 6 for realisati...... 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
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....in: 46 DLR (HCD) (1994) 235 ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......e why they should not be directed to comply with the direction issued by the Election Commissioner touching upon various acts of the election campaign of the candidates violating the laws and rules before the election to the offices of the Commissioners and Mayor of the Dhaka City Corporation schedu......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....s Case is also Reported in: 46 DLR (HCD) (1994) 122. ......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. ......itration Miscellaneous Case No. 78 of 1990 making the award a Rule of the Court. 2. The defendant Bangladesh Telegraph & Telephone Board (hereinafter referred as the BTTB) is the appellant before us and the plaintiff Lithi Enterprise Ltd, a private limited company, is the respondent. BTTB i......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
....(1994) 254
......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
......ntest against the defendant Nos. 2‑4 with interest at the rate of 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sal......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
....
Present:
Mohammad Ismail Uddin Sarker J
Kazi Ebadul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another………......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
...... possession thereof to the petitioner and since then petitioner has been in continuous and peaceful possession of the disputed property; that thereafter the petitioner applied to the respondent No. 2 for mutation of his name in place of name of the vendor and by the Memo dated 28.4.86 (Annexure &quo......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
....but they utterly failed to discharge the same. In view of the same, we find no merit in the contention of the learned Advocate for the appellants in this respect
14. In the case of Albert David (Bangladesh) Ltd. Vs. Brosterm Shipping Company Limited and two others reported in 34 DLR 362, plaint......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
......of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with these four appeals by order dated 23.8.1989. But since the said appeal is not yet ready for want of the lower court records which are reported to be not traceable we directed by order date......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
....
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 27 DLR (AD) 65 our Appellate Division.
Lawyers Involved:
Khondker Ma......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
......esent:
Habibur Rahman Khan J
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) 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
....
(Special Original Jurisdiction)
Present:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
.......4.87 with guard duty along with two other constables namely, CI99 Abdus Salam and 0241 Md. Nazrul Islam on board ML Titumir on its trip from Barisal to Kalaiya via Kalishuri. They boarded the launch for their duty from Kalishuri point While the launch was proceeding from Kalishuri to Kalaiya on its......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... 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
......ssion. The petitioner also got 0.56 acres of land in the said plots by way of pre‑emption proceeding against Dr. Montazuddin and his brother Shamsul Islam, the purchasers from the Co-operative Society in Miscellaneous Case. No. 71 of 1981 of the court of Subordinate Judge, Lakshmipur, Mr. Mun......sent:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The...... 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
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....n the safe custody of this Court. Let the vessel MV Stern now lying at Chittagong Port, Chittagong be released from attachment/arrest and the said vessel be allowed to leave the territorial waters of Bangladesh." 2. By the application the plaintiff‑petitioner seeks to encash the aforesai......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 ......es—For the Plaintiff M Hafizullah with 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 def......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
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....nchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. State, 27 DLR 155; Nazir Ahmed & ors. Vs. State, 1985 BCR 279; Ismail Munshi Vs. State, 33 DLR 5; AKM Reza and others Vs. State, 9 DLR 594 Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Bhagaban Chandra Chakma Vs. State , 1987 BLD ......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonment for ......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....warding the punishment, the dismissal of the petitioner from service is unlawful……………………..(8-10) Cases Referred to- Md. Torah Ali Vs. Bangladesh Textile Mills Corporation and another, 1989 BLD 383 (relevant page 386); Adamjee Jute Mil......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 ......ourt, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal&mdash......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
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....essel "MV Queen of Heart" and carries on business of shipping in carrying of cargo through river routes and sea ports on rental basis. Defendant 1, MV Tony Best, a sea going vessel, came to Bangladesh with 15000 M/Tons of cement at Chittagong and thereafter she sailed for Mongla Port. She ......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 ......he Plaintiff Mahmudul Islam, Advocate—For the Defendants. Admiralty Suit No. 19 of 1993. Judgment AM Mahmudur Rahman J. — This application is by the defendants 1 and 2 for rejection of the plaint for want of cause of action. The application is resisted by the plaintif......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 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....risdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Respondents Judgme......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. ......, Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal......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
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......f status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... 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 ......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 ......mp; others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal;......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)
....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...... 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. ......t. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June...... 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
....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...... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
........Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stranger to a contract cannot sue the other party....... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
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