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Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....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     ......he decree and then got his name recorded in SA Khatian by filing Misc. Case under section 54 of the State Acquisition and Tenancy Act and then paid rent to die Government regularly and that all these papers have been marked as exhibits in the suit but that the learned courts below did not consider t......also Reported in: 46 DLR (HCD) (1994) 419     ......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)

....tion that the accused worked against him in the last election. He states that a police officer seized a hurricane that was on a table in the hut of the deceased. 11. P.W.5 Rafiqul Islam was at the relevant time officer‑in‑charge of Melandah P.S. He recorded the First Information Report (Ext.1......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. ......lso 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. ..

Category: Criminal Law | Date: 16 May, 1994 | Hits: 31

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

....he Secretary of Ministry of Home Affairs and the decision was taken for the reinstatement of the petitioner on perusal and examination of the order of removal of the petitioner from service and other relevant papers. It is difficult to reconcile as to how the decision which was taken in the meeting ......ary of Ministry of Home Affairs and the decision was taken for the reinstatement of the petitioner on perusal and examination of the order of removal of the petitioner from service and other relevant papers. It is difficult to reconcile as to how the decision which was taken in the meeting of the re......‑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 passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit...... 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

Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)

....imitation of the legal fiction, to delimit its boundaries and not to extend the frontier of legal fiction beyond what has been provided in the statute". 4. We have carefully scrutinized the relevant provisions of the Artha Rin Adalat Ain, 1990, and we find that Artha Rin Adalat has been br......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292   ..............Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that t......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292   ..

Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1

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

....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. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ......ourselves do not find any reason to disbelieve, for the purpose of section 65(1) of the Ordinance, Annexures 3 and 4 of the supplementary affidavit-in-opposition of respondent No.5 which are official documents. The writ petitioner was clearly found to be an absconder and his story of leave of absenc..

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

Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....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   ......e circumstances, we are of the view that the order of detention of the detenu and subsequent extensions of his detention have been made not in accordance with law. 11. Lastly, on scrutiny of the papers available in the record we find that the initial order of detention was passed on 28.2.93 and...... M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangla­desh and Others………………Respondent Judgment March 10, 19......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

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

....judgment. 11. While arguing their cases the learned Advocates placed several decisions of the higher courts of the sub-continent in support of their respective cases. One such case which is very relevant in the matter was placed by Dr. Zahir which is reported in 22 DLR 130 (Province of East Pak...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ......Jurisdiction) Present: Mahmudul Amin Choudhury J Mahfuzur Rahman J Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner Vs. Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties Judgment February 24, 1...... 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

Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others

.... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16         ...... within the radius of two hundred yards from that place, but in the present case, Mr. Korban Ali submits, the application for no‑objection certificate was defective inasmuch as though several other papers were annexed with the application, yet no sketch map showing school, college, mosque, etc. wi......     ...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16         ..

Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1

Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)

....'s Republic of Bangladesh and obtained this Rule on 25.1.94. 5. Mr. Khondker M. Ahmed, the learned Advocate appearing on behalf of the petitioner, has taken us through the petition and other relevant papers and submitted that as election campaigns have caused various environmental pollution......public of Bangladesh and obtained this Rule on 25.1.94. 5. Mr. Khondker M. Ahmed, the learned Advocate appearing on behalf of the petitioner, has taken us through the petition and other relevant papers and submitted that as election campaigns have caused various environmental pollution creating......calling upon the respondents to show cause 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 M......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

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

....sult sheet were those of the Election Officers. The Election Tribunal though did not discuss the evidence in detail in passing the impugned order it is clear that the Election Tribunal considered the relevant evidence from both sides and came to the finding that the respondent No. 2 was able to make......r alia, that his agents were forcibly ousted from the polling station and were not allowed to perform their duties and counting of the votes were made in their absence and that large number of ballot papers with his symbol 'Boat' were declared invalid arbitrarily so as to show larger number ......l Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Redwan Ahmed.................................Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule...... 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

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

....82. There is nothing on record to show that any prayer was made on behalf of the petitioner for reviewing the order of dismissal and neither there was any provision for review in MLO 9 of 1982 at the relevant time. The provision for review was made for the first time on 7th July, 1986 in the Martial...... 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   ......tion) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, Presi­dent Secretariat and others...........Respondents Judgment      January 16, 1994....... 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     ...... concerned. We find substance in the submission of the learned Advocate for the respondent. 12. On careful consideration of the evidence on record, the plaint and the written statement and other papers filed in the case, we find that admittedly the goods, namely; Massors were booked. Admittedly......dul Amin Choudhury J Mahfuzur Rahman J Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board.............................Appellant Vs. Commerce Bank Ltd. and Others...............Respondents Judgment January 13, 1994. Result: The appe......dated 22.4.68 and the RR was duly endorsed in favour of the plaintiff. Both the aforesaid bills were purchased at the risk and responsibility to the defendant No. 1 as per instruments embodied in the documents. After purchasing the bill they were sent to defendant No. 5 duly endorsed in their favour..

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

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....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. ......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. ......ul Hoque J Alhaj Mohammad Rahim­uddin Bharsha…………………Petitioner Vs. Bangladesh represented by the Secretary to the Ministry of Works and another……………………………&......ule. 4. Mr. Syed Ishtiaq Ahmed, Advocate along with Mr. Mahmudul Islam, Advocate appeared on behalf of the petitioner. Learned Advocate placed before us all the annexures and relying on the said documents submitted that the vendor of the petitioner as well as the petitioner himself has always b..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

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

....t he has committed the offence with which he is charged." Then comes section 243 regarding conviction of an accused on admission of the truth of the accusation and this section is very much relevant and material for consideration in this case. Section 24 reads as follows: "If the......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.   ......ip;……Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR 514; District Council, Kushlia Vs. Abdul Ghani, 22 DLR 217; Md. Rezzaqu......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

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

....‑section (4), the learned Attorney-­General referred to Maxwell (Twelfth Edition) on the Interpretation of Statutes, page 363 paragraph 37 and the case reported in 1968 (GBD) Volume I page 124 (relevant page 135) wherein the word "forthwith" has been interpreted to mean the next conv...... of the claim of the petitioner in the land the learned Counsel for the petitioners annexed photo copy of the DP Khatian and photo copy of the map alleged to have been prepared by DIT. These maps and papers having not been produced earlier in any Court or authority, cannot be taken as a proof of the...... Md. Fazlul Karim J Sadeque Uddin Ahmed & others………………Petitioners Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……………………………&h......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

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ......uddin Sarker J                        Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. N...... against the interest and welfare of the minors and as such plaintiff is not entitled to specific performance thereof. 4. Plaintiff examined 3 witnesses including himself and produced and proved documents marked Exts.1-9 and the defendant Nos. 2-4 examined defendant No.1 as D.W.1 in support of ..

Category: Property Law | Date: 14 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)

....Act, or to sift the evidence in a strictly legal manner as could be done by a Judge trained in law. 16. In the case of Maclean Vs. Workers' Union reported in Chancery Division 1929 page 602, relevant page 628 and 621, question arose as to whether the decision can be attacked on the ground t......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 ......rim J Ayub Ali (Md.).......................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents Judgment November 10, 1993. Result: The R......s to be made before it by witnesses, in relation to matters of fact under inquiry: Such statements are classed oral evidence; (2) all document produced for the inspection of the Court, such documents are called documentary evidence". 11. Referring to the denotation of the court a..

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)

....lic purpose or in the public interest may within fifteen days after the publication of the notice object to the acquisition of the property." 10. It appears from the aforesaid sections, the relevant rule and the appended forms thereof that the purpose of the issuance of the notices was to ...... 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   ......riginal Jurisdiction) Present: 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 ...... 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)

....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   ......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   ......eme Court High Court Division (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J Captain I Z A S A Chowdhury..................Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: ...... owner of the Vessel, at a consolidated salary of US Dollar 2,400.00 per month and he duly joined on April 28, 1993 and took the command of defendant 1, Vessel MV Stern on that date after signing the documents of taking over and handing over of the discharge. On taking command of the ship he perform..

Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3

Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another Vs. Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Cho-wdhury and others, 1993, 22 CLC (HCD)

.... objector‑opposite parties only Bimal Chandra Chowdhury preferred this appeal and other two objectors were shown as proforma respondent Nos. 5 and 6, but both are dead. 5. We will consider the relevant exhibits at the time of discussion of the points raised by the learned Advocates. As regard......aid proceedings. The petitioner‑respondents, examined as many as 9 witnesses in these cases whereas die objector appellant examined 5 witnesses in their favour. Petitioner respondents filed several papers and documents which have been marked as Exts.1 to 20 (a). The documents and papers filed by t......d in: 46 DLR (HCD) (1994)  90. ......ings. The petitioner‑respondents, examined as many as 9 witnesses in these cases whereas die objector appellant examined 5 witnesses in their favour. Petitioner respondents filed several papers and documents which have been marked as Exts.1 to 20 (a). The documents and papers filed by the objector..

Category: Property Law | Date: 7 Sep, 1993 | Hits: 2