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Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....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. ......minal Appellate Jurisdiction) Present: Muhammad Ansar Ali J Saheb Ali Miah………………………………Appellant Vs. State…………………………&helli......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. ......te, 40 DLR 461; Profulla Kumar Roy Chowdhury and another Vs. Emperor AIR 1944 (Cal) 120; Muhammad Hussain Vs. State, 1967 PLD 307. Lawyers Involved: Abdul Hameed Chowdhury with Shah Mushlak Ahmed and Shaikh Shamsul Alam, Advocates—For the Appellant AFM Shahid, DAG with MA Hafiz,..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....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......hammad Ismailuddin Sarker J
Kazi Ebadul Hoque J
Trans Oceanic Steamship Co. Ltd. and another………………………Defendant-Appellants
Vs.
Adamjee Insurance Co. Ltd. and another………………&hell......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
......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......
(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……......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...... 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. ......t for sale on the allegations, inter alia, that the property measuring 174 decimals with five rooms and vacant land originally belonged to late Khan Bahadur Hazi Md. Hossain who died leaving two sons Ahmed Hossain and Mobarak Hossain, two daughters Shaher Banu and Mehar Banu and a widow Hasan Banu B..Category: Property Law | Date: 14 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......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......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
......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
......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...... 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
......xecuted by Abdul Karim and his brother Abdul Alim and the brother of the petitioner also purchased some portion of the suit plots from the CS recorded tenant by kabala dated 9.6.70 executed by Mokbul Ahmed and kabala dated 3.8.70 executed by Md. Ismail and kabala dated 18.7.51 executed by Abdul Kari..
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......(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 ......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 ......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 ...... Cases Referred to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 BCR (AD) 370; Panchu 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...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...... (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 ......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 ......vision (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes……………………&hel......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 ......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...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………..........................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. ......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 ......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 ...... 19.8.93 for hearing in presence of the learned Advocates of both the parties, 8. Mr. Shahabuddin Ahmed, the learned Advocate for the petitioner, submits that this revisional application is against ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....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.
.........................Respondent
Judgment
August 9, 1993.
Result:
The appeal is allowed.
Lawyers Involved:
Muhammad Shamsul Hoque, Advocate‑For the Appellant.
Shahid Ahmed, Advocate‑For the Respondent.
First Miscellaneous Appeal No.166 of 1989 with Civil Revi..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
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 ......Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respon......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 ......988 (Cal) 95 namely Jayjit Singh Khanna Vs. Dr. Rakhal Das Mullick and others; AIR 1924 (Patna) 713 namely ShyamBehari Singh Vs. B BiseswarDayal Singh and others; AIR 1934 (Cal) 713 namely Shamsuddin Ahmed Vs. Charu Chandra Biswas and others; 17 CWN 996 namely Harilal Vs. Prayag Ram and others, and ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....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 ......ank 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 Islam Bhuiyan with Abdul K..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
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...... 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
....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......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...... 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
...... 337; Punjab All's case 29 DLR (SC) 185.
Lawyers Involved:
Rokonuddin Mahmood with Murad Reza and Raja Devasish Roy, Advocates‑For the Defendant‑Appellant.
Khondker Mahbubuddin Ahmed with Mustafa Niaz Mohammad, Advocates‑For the Plaintiff‑Respondent.
Appeal from Origi..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....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, Dhaka an......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,...... 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
...... 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
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....the case. 2. This case was filed by the petitioners under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) against the respondent No. 2 Bangladesh, represented by Secretary, Ministry of Public Works and Urban Development, challenging th...... (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......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 ...... 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)
....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 ......land. 2. Case of the plaintiff-respondent Nos. 1 to 36, in short, is as follows: The suit land measuring 26.22 acres originally belonged to Syedunnessa Chowdurani and Khan Bahadur Gousuddin Ahmed Chowdhury and their co-sharers, predecessors of the proforma defendant Nos. 14 to 21. The said..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
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