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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   ......igh Court Division  (Special Original Jurisdiction) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, Presi­dent Secretariat and others...........Respondents Judgm......din Ahmed Vs. Principal Secretary, President's Secretariate Dhaka 1990 BLD (AD) 137; 42 DLR 1. Lawyers Involved: Khondakar Mahbub Hossain with Khondaker Gulzar Hossain, Golam Kibria and Md. Afzal Hossain, Advocates—For the Petitioner. Md. Altafur Rahman, AAG—For the Re...... 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

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. ......sdiction) 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…&hellip......2. Case of the petitioner is that he is, a citizen and permanent resident of Bangladesh; that Plot No. 4 of Block No.SW(F) of Gulshan Model Town was leased out by the respondent No.2 to one Abu Zahid Md. Omar by a registered deed of lease dated 13.2.68 (Annexure "B"); that the said Abu Zah......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

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

....ellate Jurisdiction) Present: Muhammad Ansar Ali J Saheb Ali Miah………………………………Appellant Vs. State……………………………&hellip......minal Appellate Jurisdiction) Present: Muhammad Ansar Ali J Saheb Ali Miah………………………………Appellant Vs. State…………………………&helli...... 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. Rezzaqul Islam SM Abdus Saliar and Md. Abul Kashem Vs. State, 20 DLR 461; Ali Newaj Bhuiyan &......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)

....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       ...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Md. Fazlul Karim J Sadeque Uddin Ahmed & others………………Petitioners Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……......o Reported in: 46 DLR (HCD) (1994) 205       ......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.   ......p;           Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. Nazrul Islam and others……………………&hel......ellip;…………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; Mir Sarwajan Vs. Fakaruddin reported in 39 IA 1;Abdul Haq...... 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.   ..

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)

...., Bangladesh Secretariat, Dhaka and others.................Respondents Judgment November 10, 1993. Result: The Rule is discharged. Cases Referred to- Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. TR Varma, 1958 SCR page 499 5......igh Court Division (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......eported in: 46 DLR (HCD) (1994) 191 ......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

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

....ng 0.56 decimals of land. But subsequently sold the same to one influential man of the locality named Munsurul Haque, The petitioner has filed an application for pre‑emption under section 96 of the State Acquisition & Tenancy Act and the said application was allowed on 13.3.1986 in Miscellaneo......gh Court Division (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haji Abdur Rahim.....................................Petitioner Vs. Secretary, Ministry of Land Administration and Land Reforms & others…...Responde...... 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 Mohammad Ali and Bazlur Rahman Chhana, Advocates—For the Petitioner. ...... 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

Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)

....rt High Court Division (Criminal Appellate Jurisdiction) Present: Muhammad Ansar Ail J Ashok Kumar Saha………………Appellant Vs. State……………………………&hellip......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Muhammad Ansar Ail J Ashok Kumar Saha………………Appellant Vs. State…………………………&helli...... 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 351 = 38 DLR 374; Md. Abdul Karim Mondal Vs. Fadul Bari and others, 33 DLR 397. Lawyers Involved: Faruque Ah......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

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....ent in Bangladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property including- (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military op...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………..........................behind the decree maintaining the inclusion of the property in the list of abandoned property and arriving at a finding that the signature is forged and the agreement is an and-dated one. 5. Mr. Md. Saidur Rahman, the learned Assistant Attorney-General appearing with Mr. Abdul Mannan Bhuiyan, t......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     ......igh Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mahfuzur Rahman J Wahida Khatun Bibi.....................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment ......er Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Result: The Rule is made absolute. Cases Referred to- Md. Swaleh Vs. UG and Fodder Agencies, 16 DLR (SC) 155, 160; Ashwini Kumar Karmaker Vs. Hari Mohan a......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

Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....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. ......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

Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)

....sdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Hemayetuddin alias Aurango……………………Petitioner Vs. State……………………………&hellip......onal Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Hemayetuddin alias Aurango……………………Petitioner Vs. State…………………………&helli......ys and on 10.6.93, which was fixed for further arguments, the learned Public Prosecutor filed a petition under section 540 of the Code of Criminal Procedure seeking permission of the court to examine Md. Kibria @ Tipu as an additional witness stating that he was an eye‑witness to the occurrence an...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ..

Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2

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     ......Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respon...... 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 ‑Petitioner. Md. Amir Hossain with Mrs. Shanaz Huq, Advocates—For the Respondents. Civil Revision No. ......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

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

....astly on 25.1.80 and 15.2.80. the letter of demand of the Plaintiff-Bank and the reply thereto by the Defendant No. 1 respectively. 3. The Defendants contested the suit by filing a joint Written Statement denying the material averments made in the Plaint and contending, inter alia, that the sui......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......3.72 leaving behind her husband, Defendant No. 1, 4 sons including Defendants Nos. 2 and 3 and daughters, but the Plaintiff did not make all her heirs parties to the suit. 4. At the trial, P.W.1 Md. Mostafizur Rahman, an officer of the Bank, was examined on behalf of the Plaintiff-Bank and the ......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

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

....nt: AKM Sadeque J KM Hasan J Nurunnahar Khatun …………………………………….Petitioner Vs. State……………………………&hellip...... Present: AKM Sadeque J KM Hasan J Nurunnahar Khatun …………………………………….Petitioner Vs. State…………………………&helli...... 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. ..

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

Trang Ice and Cold Storage Company Limited Vs. Amin Fish Farm and Industries Ltd. and others, 1993,22 CLC (HCD)

.... 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   ......Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Haque J Md. Abdul Karim J Trang Ice and Cold Storage Company Limited............................Appellant Vs. Amin Fish Farm and Industries Ltd. and others...........................Respondent Jud...... records immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 39   ...... 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

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

....udgment 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 Bangladesh Vs. Abdul Hoque, 1982 BLD (AD);Asi......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,......n with any other case. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 29   ...... 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   ..

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

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

.... 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 8, 1993....... 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......de. Cases Referred to- 38 DLR 233 (Idris Howlader & another Vs. State); 44 DLR 116 (Husain Muhammad Ershad Vs. State) 40 DLR (AD) 97; 1984 BLD 206 (AD) (Shamsun Nahar @ Maina Vs. State; Md. Rafiqullah and another Vs. State,38 DLR 124; Nayan @ Fadul Haq Vs. State 38 DLR 415;, Abul Kashe...... 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)

....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 ...... (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Amela Khatoon and others...............................................Petitioners Vs. Chairman, Court of Settle­ment and another........................Respondents Judg......pur Housing Estate, Dhaka, in the 'Kha' list of the abandoned properties published in the Bangladesh Gazette (Extraordinary) dated23.9.86 3. Petitioner's case is as follows: One Md. Enayetullah Khan became the original owner of the said property by way of a lease granted by the......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

Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

....n of record of rights under the provisions of Sylhet Tenancy Act 1936 in the suit locality was going on and ultimately the record of rights were prepared and finally published under the provisions of State Acquisition and Tenancy Act as there was no previous settlement operation in the District of S......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 ......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