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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. ......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. ......ted 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..

Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3

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

....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. ...... 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. ......onal Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Hemayetuddin alias Aurango……………………Petitioner Vs. State…………………………&helli..

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

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

.... 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     ......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......Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respon..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

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

....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   ......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......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..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3

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

....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   ...... 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......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,..

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

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

....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   ......s 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..

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)

....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 ......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......r J Kazi Ebadul Hoque J Madaris Ali and others…………………………………………Appellants Vs. Biswamber Das being dead his heirs…………………...

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)

....dvocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71.     ......n 5.8.91 but he could not appear due to his pre-occupation in the Parliament. It was reported to him that the learned Attorney-General mentioned before the Division Bench presided over by Mr. Justice Anwarul Huq Chowdhury that the petitioner has been removed as a Member of the Bar Association in vie......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......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, ..

Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....htiaq 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. Writ Petition No. 313 of 1989. Judgme......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     ......) 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. ...... 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..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Jahanara Begum Vs. State, 1993, 21 CLC (HCD)

.... Muladi Police Station General Diary No. 183 dated 7.4.93 was recorded against him. In ground No.7 it is stated that on 10.8.93 at 2‑00 AM at night the members of the Sharbahara Party kidnapped one Md. Salamat Rari and assaulted him and as such, a criminal case being Hijla PS Case No. 4(8)93 is pe...... 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.   ......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 ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Naimuddin Ahmed J Abu Sayeed Ahmed J Jahanara Begum.......................................Petitioner Vs. State...................................................... Opposite Party Judgment ..

Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1

Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)

....LR (HCD) (1994) 298   ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298   ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298   ......h Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2,..

Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1

Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)

....& Steel Co. Ltd. Vs. Union of India and others, 75 ITR 676; Commissioner of Inland Revenue Vs. Frank Bernard Sanderson, 8 TC 44. Lawyers Involved: Rafique‑ul Huq with Mustafa Adil and Md. Shorful Islam Khan, Advocates—For the Applicant Md. Moksudur Rahman, Advocate—F......f the applicant on double taxation fails. ..................(11) Cases Referred to- CIT Vs. Sitaldas Tirathdas, 41 ITR 367; Pondichery Railway Co. Vs. CIT, AIR 1431 (PC) 165;  S Naseem Anwar Vs. Income Tax Officer, 15 DLR 414;  Tata Iron & Steel co. Ltd, Vs. NC Upadhaya and a...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ...... Division (Special Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hussain J Meghna Petroleum Limited...................................Applicant Vs. Commissioner of Taxes (West Zone) Dhaka.................Respondent Judgment Novem..

Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6

State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)

.... (1939) 56, Indian Appeals 66 (76); Lutfunnahar Vs. The State, 27 DLR (AD) 29. Lawyers Involved: Basharatul Mowla, Advocate—For the condemned accused. AKM Shamsul Karim, AAG with Md. Hefzul Bari, Advocate—For the State. Death Reference Case No. 23 of 1990. Judgme......ss they certify that the accused can afford to do so. 3. The case for the prosecution, in brief, is that victim Meher Negar, aged about 16 years (daughter of P.W. 3 Abdul Wahab Khalifa and P.W.4 Anwara Begum) was married to accused about 4 months before the occurrence. P.W.3 Abdul Wahab Khalifa......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......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. ..

Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4

Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)

....       ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ......   ......p; Md. Abdul Karim J Abul Hossain and others…………………………………………Appellants Vs. State…………………………&helli..

Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ......his order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ...... Present: Anwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………&helli..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....e person to whom the case property was leased out by erstwhile Government of East Pakistan. It is stated that the case property was leased out by the then East Pakistan to one Abdur Rouf, son of late Md. Hassan. The domicile certificate of the petitioner also shows the name of Abdur Rouf, son of lat......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.   ......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.   ..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

Shabir Hassan alias Bachchu Vs. Government of the People's Republic of Bangladesh and Others, 1992, 21 CLC (HCD)

....with any other case. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 257   ......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   ......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......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..

Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....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. ......ommunicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......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......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..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

....ondent Judgment July 7, 1992. Result: The Rule is discharged. Cases Referred to- Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 Lawyers Involved: Md. Awlad Ali, Advocate—For the Petitioner. Obaidur Rahman Mustafa, Assistant Attorney&sh...... Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ...... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ......arul Hoque Choudhury J KM Hasan J AKM Faruque…………………………………………Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Works and others……&helli..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)

.... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......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. ......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......howdhury J Md. Sirajul Islam J AFM Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Responde..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1