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Judgment
September 7, 1993
Result:
Both the appeals are dismissed.
Lawyers Involved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑......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.
......
Abdul Karim J
Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another…………………………Appellant
Vs.
Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Chowdhury and ot......this case. We have answered to the submissions above when we discussed the arguments on this point advanced by Mr. SC Das.
19. An application dated 01.09.93 was filed by the learned Advocate Mr. Mir Mokhlesure Rahman allegedly on behalf of Hitendra Kumar Chowdhury who is respondent No.4 in this..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....on receipt of a secret information, he along with some other members of his staff went to 104 Sabujbagh wherein accused appellant Ashok Kumar Saha used to live as a tenant under P.W. 2 Syed Mosharraf Hossain in the ground floor of his building and some other witnesses went inside the dwelling room o......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 ......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Muhammad Ansar Ail J Ashok Kumar Saha………………Appellant Vs. State…………………………&helli......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)
....se notice so as to enable him to answer the charges properly and in that view of the matter the impugned order of dismissal is without any lawful authority and is of no legal effect. 6. Mr. Amir Hossain Khandker, the learned Advocate with Mr. MA Tariq, appearing for the respondents, submits tha......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 ...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment Augus......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
....ted in: 46 DLR (HCD) (1994) 44.
......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
...... Appellate Jurisdiction)
Present:
Bimalendu Bikash Roy Choudhury J
Abu Sayeed Ahammed J
Israil Hossain ..............................................................Appellant
Vs.
Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna, Re......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....d others, and also PLD 1982 (Lah) 234 namely Piran Dim Vs. Haji Habib Ashraf and others; PLD 1954 (Lah) 151 namely Associated Cement Companies Ltd. Bombay Vs. Province of Punjab = PLR 1954 (Lah) 149; Hossain Shakoor and another, PLD 1957 (Kar) 435;f Bidhu Bhushan Ghose and others Vs. Bimal Sofia and......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 ......Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respon......234; Piran Ditta Vs. Haji Habit Ashraf and other, PLD 1982 (lah) 234; Associated Cement Companies Ltd. Vs. Province of Punjab, PLD 1954 (Lah) 151=PLR 1954 (Lah) 149. Lawyers Involved: Mir Mokhlesur Rahman with Miss Nasrin Parvin, Advocates—For the Plaintiff‑Appellant ‑Petit..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....e National and Quilon Bank Ltd. A.I.R. 1945 (Madras) 467; 5 D.L.R. 69 AIR 1945 Madras 467; Nabadwip Chandra Podder and anr. Vs. S.D. Ahmend, reported in 21 DLR 755 Lawyers Involved: Asrarul Hossain, with Iftekhar Ahmed, and Jahangir Alam, Advocates—For the Appellants Habibul Isl......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 ......e Jurisdiction) Present: Mohammad Ismailuddin Sarker J Kazi Ebadul Hoque J A Quyyum and another……………………....Petitioners Vs. Uttara Bank Limited and Others……….....Respondents Judgment J......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
.... Attorney‑General, Serajul Hoque, Assistant Attorney‑General & Obaidur Rahman Mostafa, Advocate‑For the Respondents.
AR Yousuf, with Abdur Razzaq, Sk. Ansar Ali, Md. Nawab Ali, Humayun Hossain Khan, Md. Raisuddin, SM Emdadul Hoque & Md. Abdus Salam, Advocates ‑For the Petitioner...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......on
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Ruhul Amin J
Professor Ghulam Azam……..........................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat,......ammad Hashim Vs. State, PhD 1956 (Karachi) 485;People's Republic of Bangladesh Vs. Abdul Hoque, 1982 BLD (AD);Asit Ranjan Sen Vs. Government of the People's Republic of Bangladesh, 32 DLR 160;Mir Abdul Qadir Vs. State of Andhra Pradesh, AIR 1967 (Andhra) 105; Habiba Mahmud Vs. Bangladesh 45 ..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....s 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 ...... High Court Division (Criminal Appellate Jurisdiction) Present: Muhammad Ansar Ali J Syed JR Modassir Hossain J Abul Khayer and 3 others..................Appellants Vs. State....................................................Respondent Judgment July...... 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
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....ection 42 of the Specific Relief Act for want of prayer for further relief, so is not maintainable……….(18) Lawyers Involved: Mihir Kanti Majumder with Hemayet Hossain,Jatirmoya Deb for Jitendra Narayan Deb, Advocates‑For the Appellants. BK Das, Advocat......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 ......r J Kazi Ebadul Hoque J Madaris Ali and others…………………………………………Appellants Vs. Biswamber Das being dead his heirs………………….......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
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....ention to the impugned resolution and pointed out that out of the members of the Bar Council who decided the fate of the appeal, four participated in taking the impugned resolution, namely. Dr. Kamal Hossain, Syed Ishtiaq Ahmed, Mr. Shamsul Huq Chowdhury and Khondker Mahbubuddin Ahmed, who delivered......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. ......ourt Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, ......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
....) 1041.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates—For the Petitioners.
Abdul Wadud Bhuiyan Addl. AG with Kaiseruddin Ahmed DAG, Mashuque Hossain Ahmed, AAG, Saidur Rahman, AAG and Md. Sirajul Hoque AAG—For the Respondent No.1.
......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Gove......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....he learned Deputy Attorney‑General has drawn our attention to the observation of the learned Appellate Division of the Supreme Court in paragraph 24 of the Judgment. In this case one Kazi Maharnood Hossain was arrested on August, 20, 1991 in pursuance of an order of detention passed under section ...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Naimuddin Ahmed J Abu Sayeed Ahmed J Jahanara Begum.......................................Petitioner Vs. State...................................................... Opposite Party Judgment ...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....der treatment fill 24.5.81, We get from the first Final Report (True) dated 24.6.81 that the Medical Officer, Barguna reported that victim Meher Negar expired on 24.5.81 at 2:00 AM. Sub Inspector MA. Hossain held inquest on the dead body of Meher Negar on 24.5.81 at 10:00 AM, P.W. 1 Dr. Lutfor Rahma......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......sion (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahammed J State.............................................Appellant Vs. Abdul Khaleque........................Respondent Judgment November 24, 1992. ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......€‘5/5C‑8/85/465 Shikhha dated 30.4.85. It appears that in pursuance of this Annexure‑C on 7.5.85, in a meeting of the teachers of the school, two teachers namely Mrs. A Anjur‑un‑Nahar and Mr. Shaikh Abdul Bari were unanimously elected as teachers representatives and Mr. Mir Noor Ali and Mr. ......nbsp; Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........Respondents [In al......nnexure‑C on 7.5.85, in a meeting of the teachers of the school, two teachers namely Mrs. A Anjur‑un‑Nahar and Mr. Shaikh Abdul Bari were unanimously elected as teachers representatives and Mr. Mir Noor Ali and Mr. ATMA Abdul Hye were elected by the guardians' representative to represent t..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
.... ...... of lending assurance to any other evidence found against them…………….(8) Cases Referred to- Nurul Haque and others Vs. The state, 20 DLR page 780; Md. Azad Shaikh alias Azad Sk. Vs. The Slate, 41 DLR page 62; Nazir Ahmed Vs. The King Emperor, AIR 1936 P.C.......p; Md. Abdul Karim J Abul Hossain and others…………………………………………Appellants Vs. State…………………………&helli...... suffer R.I. for a further period of three months, by a judgment and Order dated 9.5.86, passed by learned Assistant Sessions Judge, 1st Court, Tangail in Sessions Case No.115 of 1987, arising out of Mirzapur P.S. Case No.4 1986. As all the appeals arose out of the same impugned judgment and Order, ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1 dated 6.8.63 in connection with House No.10C, Lane 4/7, Mirpur Housing Estate Dhaka under memo No.Shaka‑7 178084/2095 dated 12.12.85, and the finger print expert, CID Bangladesh (Mr. Md. Mozaffar Hossain) examined the thumb impression and gave his opinion that the finger impression marked as ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......stant case, the Court of Settlement dismissed the application for non-prosecution and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on Septe..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....artial Law Court No. 2, Bogra is declared to have been made without lawful authority and the conviction and sentence of Mr. Shabir Hassan alias Bachchu, written in the judgment as Bachchu alias Sabir Hossain, son of MA Razzak of village Kalachandpara, Police Station Pabna, District Pabna is declared......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shabir Hassan alias Bachchu......................Petitioner
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Ju......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....of detention is a verbatim copy of the complaint petition. It is therefore obvious that two proceedings were taken simultaneously on the same day on the same facts and therefore the observation of SM Hossain, J as in 27 DLR 295 would not be attracted where it was observed by his Lordship that if aft......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......reme Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ppeal is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz Mohammad, Advocate‑For the Respondent Nos.2, 5......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......howdhury J Md. Sirajul Islam J AFM Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Responde......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....others 33 DLR (AD) 177; 1968 SCMR 995; 30 DLR 368; 29 DLR 1968; SCMR 995, 29 DLR 188;21 DLR 188.
Lawyers Involved:
Abul Quasem with Hemayetul Islam, Advocates‑For the Petitioners.
QA Hossain, AAG‑For the Respondent Nos. 1-4.
Dr. Rafiqur Rahman with Serajur Rahman, Advocatesâ€......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......urul Islam and another…………………………………………………….Petitioners
Vs.
Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and
other&hell......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
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