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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……......ns for the allotment of Plots in 'Nikunja Residential Area' Project of the respondent No.1 as published on 4th May, 1992 (Annexure 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 an......o Reported in: 46 DLR (HCD) (1994) 205
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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. ......ellip;…………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; Mir Sarwajan Vs. Fakaruddin reported in 39 IA 1;Abdul Haq..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
......eported in: 46 DLR (HCD) (1994) 191
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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
...... to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers Vs. Province of East Pakistan and others
Lawyers Involved:
SR Pal, Senior Advocate with Md. Fazlul Karim, AJ Mohammad Ali and Bazlur Rahman Chhana, Advocates—For the Petitioner.
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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 ................Defendants Judgment September 9, 1993. Result: The application is rejected. Cases Referred to- Eva, (121) P 454. Lawyers Involved: Ahsanul Kabir with Md. Khurshed Khan, Advocates—For the Plaintiff M Hafizullah with SK Siddque, Advocates&md..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....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......hellip;………………..Respondents
Judgment
September 7, 1993
Result:
Both the appeals are dismissed.
Lawyers Involved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advo......e trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
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Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
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 ...... 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 351 = 38 DLR 374; Md. Abdul Karim Mondal Vs. Fadul Bari and others, 33 DLR 397. Lawyers Involved: Faruque Ah..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 ......ideration before awarding 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)..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…………….......................... No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 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 ......behind the decree maintaining the inclusion of the property in the list of abandoned property and arriving at a finding that the signature is forged and the agreement is an and-dated one. 5. Mr. Md. Saidur Rahman, the learned Assistant Attorney-General appearing with Mr. Abdul Mannan Bhuiyan, t..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 ......wini Kumar Karmaker Vs. Hari Mohan and others, 36 OR (AD) 1; Bibi Gurdevi represented by Prithpi Rajkhosla Vs. Chowdhury Mohammad Bakhsh and others, 1943 Lahore (1711) 65. Lawyers Involved: Shahabuddin Ahmad, Advocate—For the Petitioner Nurul Mostafa, Advocate—For the Oppo......er Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Result: The Rule is made absolute. Cases Referred to- Md. Swaleh Vs. UG and Fodder Agencies, 16 DLR (SC) 155, 160; Ashwini Kumar Karmaker Vs. Hari Mohan a..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
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 ...... 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. ..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 ......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 ..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
...... records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
..
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
......n with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
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Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... 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 ...... 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...... his examination under section 342 CrPC did not prejudice him and as such it was not so fatal to prosecution. In support of his contention the learned AAG has relied on 2 decisions one in the case of Shahadat Hossain & others Vs. State, reported in 39 DLR 72, and the other in the case of Majibor......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..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
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 ......pur Housing Estate, Dhaka, in the 'Kha' list of the abandoned properties published in the Bangladesh Gazette (Extraordinary) dated23.9.86 3. Petitioner's case is as follows: One Md. Enayetullah Khan became the original owner of the said property by way of a lease granted by the..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....nbsp; (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25,......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)
....site Party Judgment 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......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 ......r Mohammad Ali………………………………………….Petitioner [In Criminal Revision 1155 of 1992] Md. Giasuddin…………………………&hellip..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
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