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Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)

....bsp; The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ...... The Code of Civil Procedure, 1908 [V of 1908], Section 148 In a case where a court passes a decree for specific performance of contract the court retains the jurisdiction to extend time under section 148 of the Code of Civil Procedure, to deposit any outstanding amount decided ev......eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ..

Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

.... is also Reported in: 50 DLR (HCD) (1998) 121. ...... the house of the accused and saw the dead body of the victim lying inside the house. Accused and his father told them that victim died due to illness and requested him to bury the dead body. At that time he found blood on the dead body of the victim and also saw some marks of injuries on the dead b......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....m 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......rmined the highest market price of Taka 1,00,000.00 per Katha and a sum of Taka 5,00,000.00 for the structures making the total amount at Taka 66,15,000.00 which was the highest price at the relevant time. A Bank draft for Taka 1,33,500.00 being 2% of the total consideration amount was sent with the......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

....in: 31 DLR (HCD) (1979) 93       ......oing such prejudicial activities he has been detained under section 5(1) (a) of the Emergency Powers Rules 1975. The respondents craved leave to produce the records before this court at the time of hearing. An affidavit in reply has been filed denying the allegations made in the affidavit ......his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ...... It is further stated that the detenue was a terror to the peace loving people of the locality and created serious problems of maintenance of public order and public safety. He possessed unauthorized arms and ammunition and used to exhibit the same publicly to terrorist the innocent and law abiding ..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ional Jurisdiction) Present: K.M Subhan J Abdul Wadud Chowdbury J Md. Khalilur Rahman………………................Petitioner Vs. The State ………………………………...... this Court The next contention of the learned Deputy Advocate General is that the proceeding has been initiated under Regulations 11 and 12 of the Martial Law Regulations which cover offences of any time prior to the promulgation of Martial Law in 1975 provided there is legal evidence to prove such......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....nnahar Begum and others………………………………Petitioners Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Ramna, Dhaka and another……………………………Respondents Judgment June 24, 199......vice of the Rule respondent No.2 only entered appearance and respondent No.1 has not entered appearance but no affidavit has been filed on behalf of the respondent No.2 and no one has appeared at the time of hearing to oppose the Rule. 5. On consideration of materials on record we find that by a ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....AK Agencies Vs. Hasina Noor and others, 25 DLR 250; Mian Kamal Din Vs. Malik Muhammad Basher and others, PLD 1952, Lahore 456. Lawyers Involved: Mir Moklesur Rahman with Nasrin Parvin, Advocates ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No.1797 ......tant Judge and SCC Judge, Dhaka being SCC Suit No.157 of 1985, alleging, inter alia, that they are the 16 annas owners of the suit premises fully described in the schedule of the plaint. In course of time defendant No.1 became a monthly tenant under them in respect of the suit premises, which is a s......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)

....ted in: 51 DLR (HCD) (1999) 466.......the accused appellant Bimal Chandra Das alias Vim, Biplob Chandra Das alias Bila and Netai Chandra Das forcibly kidnapped the victim Sulata Rani and took her towards Madhukhali in a baby taxi. At the time of kidnapping Tuli, friends of the victim girl, Noresh Chandra Sarker of Raghu Nandapur, Asim K......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159

Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)

....de on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ...... the said Act before the High Court Division. Without admitting the appeal for hearing and without issuing any notice to the petitioners the High Court Division held that it would be sheer wastage of time to admit the appeal and to issue notice upon the petitioners which would take time and cause un....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..

Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

.... public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......s. Balfour Beatty Ltd.,  1993) 1 All ER 664 (682); Tzortzis Vs. Monark,(1968) 1W LR 406 (409); (See Hamlyn and Co. vs. Talisker Distillery (1894) AC. 202, HL and, also Campagnie d Armement Maritime SA Vs. Compagnie Tunisienne de Navigation SA (1970) 3 All ER 71 HL); Michael Golodetz Vs. Ser......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....¦â€¦â€¦â€¦.Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents Judgment March 13, 1997. Lawyers Involved: Salimullah, Advocate—For the Petitioner. Md. Serajul Huq, Assistant Attorney-General—For Respondent No. 1. ......creants from the holding in question on 27-4-1972. That having been evicted the petitioner made representation to the appropriate authority seeking redress but without any result, that at no point of time i.e. during war of liberation and that after emergence of Bangladesh petitioner left Bangladesh......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148...

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

..... Result: The Rule is made absolute in part. Cases Referred to- Short Vs. J and W. Henderson Ltd., (1946) 39 BW CC 62; Park Vs. Wilson and Clyde Coal Co Ltd., (1928) Sess. Cas 121(at p133); Ready Mixed Concrete (South East) Ltd., Vs. Minister of Pensions and National Insurance, (......stration of copyright in those artistic works stating, inter alia, that the petitioner who is an artist was appointed on 1‑3‑1982 as project designer in the respondent No.1 organisation as a full time employee on a monthly salary and other allowances to draw and/or design and/or create various a......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)

....missed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......the authority to look into the matter on examination of the witnesses. 5. It appears from the perusalof the papers filed that the informant lodged the FIR alleging that on the aforesaid date and time of occurrence she was forcibly raped by one Syed Ali Sarder who is incidentally not before us a......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..

Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92

Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... 31, 1996. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed alias Swapan Vs. Bangladesh and others, 1993 BLD (AD) 17; Principal Secretary, President's Secretariat, Dhaka Vs. Mahtabuddin, 42 DLR (AD) 241; Mahtabuddin Vs. Principal Secretary, President's Secreta......vernment or a corporation, an organisation, a body, an authority, an institution or a concerned enterprise. Martial Law Order 9 did not provide for review. Provision for review was made for the first time by inserting para I(A) into Martial Law Order 9/82 by Martial Law Order No.131/86 in the follow......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ..

Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

.... order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......cess to the jurisdiction of Syed Shariatullah. Marriage Registrar and Kazi of Maghbazar, Dhaka who was holding an area covering 19 Wards though he was entitled to 7 (seven) wards only at the relevant time. The prayer was for delimiting his jurisdiction and granting him the licence for the said wards......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....y J Dr. Mohiuddin Farooque.....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is......d to make radiation test in conformity with their previous test; (b) On the basis of random sampling detailed test be made and thereafter certificate be granted by the central office; 3. In the meantime on 25‑5‑95 said exporter M/s Datraco BV filed Other Class Suit No.49 1995 in the 3rd Court ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....) Present: KM Hasan J Md. Fazul Haque J Syeda Chand Sultana and others.......................Petitioners Vs. Government of Bangladesh, represented by the Ministry of Works, Secretariat Building Ramna, Dhaka and others............Respondents Judgment June 16, 1996. Result: ......my aliens. Its purpose is not to declare as abandoned the property of the citizens who are very much present in Bangladesh and who have been occupying, supervising arid managing their property at all times………(11) The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Enayet Vs. State, 1996, 25 CLC (HCD)

.... liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......b‑Inspector of Police. He investigated into the can and submitted the charge‑sheet. In his cross‑examination the Investigating Officer has stated that victim girl did not disclose to him at the time of her recovery that she was outraged or raped. 11. D.W.1 Md. Shaheen has stated in his ev......r of Police. He investigated into the can and submitted the charge‑sheet. In his cross‑examination the Investigating Officer has stated that victim girl did not disclose to him at the time of her recovery that she was outraged or raped. 11. D.W.1 Md. Shaheen has stated in his evidence that ......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ..

Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

.... S.R. Pal with Abdul Quium and M.A. Noor-For the Respondents. First Miscellaneous Appeal No. 82 of 1993.  Judgment Syed Amirul Islam J.-This First Miscel­laneous Appeal at the instance of the second party appellant is directed against the judg­ment and decree dated......eir case in writing. It ap­pears that the respondent in pursuance of that notice appeared before the arbitrator and submitted their statement of claim. On the other hand, the appellant prayed for time but subsequently they did neither file any written objection nor participated in the proceeding......shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ......shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)

....ase No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......o is growing up. In some cases physical development may take place which may be regarded as precocious while in some other cases there may not be as much development as is natural with the passage of time……………………………….(15) Lawyers Involved: SK Sinha, Advocate, instructed...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..

Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56