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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)

....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......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. ......ree will and mind and in sound health. Amongst the PWs. PW 4 was the relation of Sudhir, even then he deposed in favour of the petitioner‑respondents. PWs also stated that Trinayani did not embrace Islam as she performed all the religious rites of the Hindus till her death. 6. D.W. No.1 is th..

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

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......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   ......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)

....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     ......esh Textile Mills Corporation and another, 1989 BLD 383 (relevant page 386); Adamjee Jute Mills Ltd. Vs. Chairman 3rd Labour Court and another, 12  DLR 371 Lawyers Involved: AKM Nazrul Islam with Jeban Naher Ayesha, Advocates—For the Petitioner. MA Tariq with A H Khondaker,..

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)

....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     ......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     ......ferred to- Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR (AD) 188 Lawyers Involved: Shah Abu Nayeem Mominur Rahman, Advocate—For the Plaintiff Mahmudul Islam, Advocate—For the Defendants. Admiralty Suit No. 19 of 1993. Judgment AM ..

Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4

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……………..........................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. ......DLR 5. Government of Bangladesh Vs. Messrs ATJ Industries limited and others, 28 DLR (AD) 120; Government of Bangladesh Vs. Mirza Shahab Ispahan, 40 DLR (AD) 116. Lawyers Involved: Khademul Islam Chowdhury with Mohammad Ali, and Muslima Khanam, Advocates‑For the Petitioner. Saidur R..

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     ......ed 0.17 acres of land from plot No. 2157 out of an area of 1.75 acres under Khatian No. 442 of Mouza Char Chandia from late Abdul Majid, predecessor of the opposite party Nos. 2‑5 and from Mozaffar Islam, predecessor of opposite party Nos. 6‑10 by registered deed No. 2944 dated 27.5.67. From the..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

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...... 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. ..

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......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     ......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......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   ......ip 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 Khaleque, Advocates—For Respondent No. 1 Appeal from Original De..

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. ...... DLR 544; Prafullah Kamal Bhattacharya Vs. Ministry of Home Affairs, 28 DLR 123; Manindra Kumar Malakar Vs. Secretary of Home Affairs and others, 43 DLR 71 para 10. Lawyers Involved: Amirul Islam with MA Quddus Miah and Most. Shireen Akhter, Advocates‑For petitioner in Criminal Revision ..

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...... 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   ......e impugned judgment and decree in favour of the plaintiff. Being aggrieved by the aforesaid judgment and decree the defendant No. 1 preferred this present appeal before this Court. 5. Mr. Aminul Islam Chowdhury, who is the Managing Director and Chairman of the Board of Directors of the company,..

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,...... 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   ......, 1971 and he was rightly declared disqualified to be a citizen of Bangladesh and that the detenu-petitioner participated in the politics of Bangladesh and got himself elected as the Amir of Jamaat-e-Islami, Bangladesh and thereby he violated the relevant provision of the Constitution. 5. The d..

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...... 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   ......earned Sessions Judge, Naogaon in Sessions Case No. 24 of 1990 arising out of GR Case No. 86 of 1987 convicting the said appellants along with 4 other accused namely A. Khaleque alias Khalekul Jamal, Islam and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer..

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)

....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

Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)

....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ......p;   (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Develop­ment Board and others............Respondents Judgment ......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ..

Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

....ellip;…………………………………………Petitioner [In Criminal Revision 1679 of 1992] Vs. State……………………………&hellip......hellip;……………………………………………Petitioner [In Criminal Revision 1679 of 1992] Vs. State…………………………&helli...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ......p;  May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, 32 DLR (AD) 1; Bangladesh Vs. Abdul Wahab and others, 12 BLD 368; Waryam Singh and another Vs..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

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

....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.     ......ip;. (13) Lawyers Involved: Rafique‑ul Hoque, Moudud Ahmed, Azizul Hoque, Anjuman‑Ara‑Shelly & Shahina Salam Bari, Advocates‑For the Petitioner. SY Salehuzzaman with Fakrul Islam, Advocates-For the Respondents No.1 & 2 AK Mujibur Rahman, Deputy Attorney-General‑..

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)

....t is emphasized that since British Rule in India the Government employees are being paid superannuation pension by the government and this pension to the retired employees is not a bounty paid by the State but is an essential term and condition of their service and is paid on consideration of the ob...... 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     ......R 279 at pa 296: (AIR 1958 SC at p. 547 IA; Sharwani and others Vs. Government of Pakistan, 1991 SCMR (Supreme Court Monthly Review) 1041. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates—For the Petitioners. Abdul Wadud Bhuiyan Addl. AG with K..

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

Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....file the suit for specific performance of contract for getting a deed of transfer from the defendants. 3. Defendant No.2, Bangladesh Railways, appeared and contested the suit by filing a Written Statement contending, inter alia, that the suit is not maintainable and barred by limitation. The de......rt High Court Division (Civil Appellate Jurisdiction) Present: Mohammad Mozammel Hoque J Md. Abdul Karim J Pronab Kumar Chakraborty and others............Appellants Vs. Government of the People's Republic of Bangladesh and others.......Respondents Jud......d executed and registered through Court at his cost. Send down the case record at once. Ed.     This Case is also Reported in: 46 DLR (HCD) (1994) 268   ......nbsp;                February 16, 1993. Result: The appeal is allowed. Lawyers Involved: Mahmudul Islam, Advocate—For the Appellants Shaheed Alam, Advocate—For the Respondents. ..

Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2

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

....urt Division (Criminal Miscellaneous Jurisdiction) Present: Naimuddin Ahmed J Abu Sayeed Ahmed J Jahanara Begum.......................................Petitioner Vs. State...................................................... Opposite Party Judgment Januar...... 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.   ...... 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