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Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....now detained in the Dhaka Central Jail should not be brought before this Court to be dealt in accordance with law and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner Mrs. Samirunnessa is the mother of the detenu Md. Asadur Rahman @ Nab...... M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangladesh and Others………………Respondent Judgment March 10, 19......aid Rule arises. 3. Mr. AS Md. Ramjan Khan, the learned Advocate appearing for the petitioner, submits, inter alia, that the detention of the detenu Asadur Rahman @ Nabi Hossain is wholly bad, illegal and improper and the same has been made for collateral purposes only. The learned Advocate fur..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
....y suit for realisation of Taka 1, 40, 52,942.00 for damages as rent, cost of the machineries, etc. It is also the case of the plaintiff-petitioner that the defendants mortgaged 'Kha' Schedule property as security for carrying out obligations under the lease.
3. Before the trial Court op......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......Thus, after consideration of the materials on record and after hearing the learned Advocates of both the sides and on consideration of the aforesaid decisions we hold that the trial Court committed illegality and wrong in not exercising the jurisdiction vested in it under section 152 of th..
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 ...... ......d suit claiming themselves as representatives of the local area for a declaration that the no objection certificate granted by the Deputy Commissioner, Khulna, for construction of a cinema hall was illegal and without jurisdiction and for permanent injunction that the defendant No. 1 should be restr..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....ase No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as to this court may deem fit and proper. 2. In this case the petitioner, Redwan Ahmed was elected as member of the Parliament el......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......y order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Case No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as to this court may deem fit and ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....therwise valid a Court cannot interfere with it or review it. In this case we do not find anything to show that the arbitrator has misconducted himself or the proceedings or that the award has been improperly procured or is otherwise invalid. 11. Mr. Akhtar Imarn, learned Advocate for the appel......ed in: 46 DLR (HCD) (1994) 122. ......e Division Bench having passed an order on 5.1.92 staying appointment of arbitrators in Arbitration Miscellaneous Case No.78 of 1990, the filings of the award by the arbitration on 15.1.92 was illegal and without jurisdiction. The Division Bench found that the petitioners did not inform the cou..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....b-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The facts given out in the application, in brief, are as follows: The petitione......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.......tirement of the petitioner under MLO 9 being a colourable exercise of power is mala fide and has been made out of grudge as the petitioner earlier filed Writ Petition No.355 of 1980 challenging the illegal supersession by way of promoting his juniors to the higher rank. It is submitted that the MLO ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....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
......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......e Chief Commercial Manager (Claims) of defendant No. 2 to enquire about the matter and arrange delivery of the goods but without any reply and then finding no other alternative the plaintiff served a legal notice upon the defendant No. 2 on 5.10.68 but without any result. The plaintiff also sent a t..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into an agreement with the petitioner to sell the said house hereinafter referred to as die disputed property to him and obtained necessary permission from the respondent No.2 on 11.3.85 (Annexure &quo......ul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another……………………………&......ulshan Model Town, Dhaka and Memo No. Shakha‑9/AP/675 dated 12.5.1988 (Annexure "A (1)") to the petition should not be declared to have been made without any lawful authority and is of no legal effect.
2. Case of the petitioner is that he is, a citizen and permanent resident of Bang..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....nspector, District Anti‑Corruption Bureau, Faridpur, He himself took up the investigation of the case, seized some alamats, examined witnesses under section 161 CrPC and wrote to the Government for proper sanction for prosecution for the accused being a public servant and waited for the, same befo......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......ce for violation of the provisions of section 6(5) of the Criminal Law (Amendment) Act 1958, the whole trial was vitiated and the impugned judgment and order of conviction and sentence were bad and illegal. 6. In reply to the above submission of the learned Advocate for the appellant, Mr. AFM S..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.
This shows that the carrier will be responsible for making proper arrangement for the safe carriage of the goods carried by it.
12. Clauses (c) and (d) of......(1994) 23
......istan National Shipping Corporation under the provisions of Pakistan National Shipping Ordinance, 1979 and all suits, appeals or other proceedings by or against the then Pakistani principals is to be legally continued and prosecuted by or against the Pakistan National Shipping Corporation represente..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....d without any lawful authority and is of no legal effect and also as to why direction should not be given to withdraw the same and or pass such other order or orders as to this Court may seem fit and proper. While issuing the Rules operation of the notification for allotment was stayed as prayed for......
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……………………………&h......nexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withdraw the same and or pass such ..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....the aforesaid suit against the defendant appellants impleading also the government respondent in the said suit for specific performance of a contract for sale on the allegations, inter alia, that the property measuring 174 decimals with five rooms and vacant land originally belonged to late Khan Bah......uddin Sarker J Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. N......uthority to enter into an agreement to sell the suit property at the time mentioned in the plaint and allegation of extension of the agreement for sale is totally false and the alleged execution is illegal; that plaintiff's claimed agreement having been executed without permission of the court i..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
.... 'F and 'H' shall not be declared to have been passed without lawful authority and is of no legal effect, or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts of the case, briefly, are as follows:
The petitioner joined the Polic......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......w cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' shall not be declared to have been passed without lawful authority and is of no legal effect, or such other or further order or orders passed as to this court may seem fit and prop..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....ge, Lakshmipur and the decision was upheld by the superior courts. Munsurul Haque thereafter, trespassed into the suit land under pre‑emption by forming unlawful assembly and took away the valuable properties and tried to hang up a signboard in the name of Lakshmipur Mahila College. The said Colle......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 ...... to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the application is, that he has got ..
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 ......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: ......taken down from the Vessel by defendant No. 2 in order to sign off on payment of the dues but defendant No. 2 did neither pay nor signed off and as the result the plaintiff was stranded due to such illegal action of the defendants. Subsequently correspondences were made between the parties for ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....ector‑opposite party No.1 before the learned District Judge is the appellant before this court. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. The case of the petitioner‑respondents that one Protab Chandra Das was the land holder a......d in: 46 DLR (HCD) (1994) 90.
......it property as reversionary heirs of Sudhir Chandra Das and they have pleaded in defence that this Trinayani died as Muslim worrian, the passing of the properties to the hands Of the petitioners is illegal, inasmuch as they are trespassers therein and they instituted Miscellaneous Case No. 469 of 19..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....her persons were also found, one was a friend of accused Ashok Kumar and another was his sister's husband. He stated that all of them were arrested under section 54 of Criminal Procedure Code for proper investigation and he took them to the Sabujbagh police station and the heroin was sent for ch......pondent Judgment September 2, 1993. Result: T he appeal is allowed. 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. St......ted in 26 DLR 297 and another in the case of Daud Ali Vs. State reported in 27 DLR 155. 10. Mr. Enamul Hoque, the learned Advocate for the State, on the other hand, submitted that there was no illegality in the conduct of the search of the house of the appellant in the instant case as contended..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....ed in Court today, should not be declared to have been made without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. While the petitioner Md. Mostafa Miah was working in Bangladesh Biman as sched......: Habibur Rahman Khan J Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is mad......aka in complaint case No. 37 of 1990 as evidenced by Annexure‑'L' to the petition moved in Court today, should not be declared to have been made without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....ase No.423 of 1988 (Ka 48, Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful aut......hellip;....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5......uarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has filed this application asserting..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
....order No.25 dated 11.11.89, passed by the learned Subordinate Judge in the said suit upon an application filed by the plaintiff under Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the......
Abu Sayeed Ahammed J
Israil Hossain ..............................................................Appellant
Vs.
Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna, Represented by the Managing Director.........................Respondent
Ju...... not cover an order under Order 38 rule 5 CPC. The impugned order being admittedly made under Order 38 rule 5 CPC, no appeal could be filed against the same. Being faced with this legal position, the appellant has made an application for treating the memorandum of appeal as an ap..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
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