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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         ...... High Court Division  (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Karim J Shaikh Tabibur Rahman and others..................Petitioner Vs. Shaikh Nazrul Islam and others...................Opposite Parties Judgment Februa......D (HCD) (1996)16         ...... 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         ..

Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......t Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Golam Moula Master and others………………Petitioners Vs. State…………………………&helli......es Referred to- Abul Hossain Vs. the State 35 DLR 200; Abdur Noor alias Noor Miah Vs. State, PLD, 1958 (Dacca) 145 = 9 DLR 312; The Crown Vs. Meher Ali, PLD 1956 (FC) 106 = 8 DLR (FC) 47; Sheikh Abdul Mazid Vs. State of Delhi AIR 1955 (SC) 196; Siddique Ahmed and others Vs. State 37 DLR 223; Su......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)

....in: 46 DLR (HCD) (1994) 235   ......Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Bangladesh Environmental Lawyers' Association……………Petitioner Vs. Election Commission & others…………………&he......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235   ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235   ..

Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....s Case is also Reported in: 46 DLR (HCD) (1994) 122. ......rt High Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Karim J Bangladesh Telegraph and Telephone Board............Appellant Vs. Lithi Enterprise Ltd..............................................Respondent Judgment ....... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..

Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4

Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

....(1994) 254     ......on) Present: Mahmudul 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......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     ......ly by entering into special contract with the parties concerned….......(11) Cases Referred to- Jamiruddin Pradhan Vs. Federation of Pakistan, 9 DLR 99. Lawyers Involved: MA Wahab, Advocate—For the Appellant Khondker AM Mohsenuddin, Advocate—For the Respond..

Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

.... Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Alhaj Mohammad Rahim­uddin Bharsha…………………Petitioner Vs. Bangladesh represented by the Secretary to the Ministry of Works and another………......sdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Alhaj Mohammad Rahim­uddin Bharsha…………………Petitioner Vs. Bangladesh represented by the Secretary to the Ministry of Works and another…&hellip......f the Constitution. 5. It appears from the registered lease deed dated 13.2.68 in favour of the Petitioner's vendor that the petitioner's vendor Abu Zahid Mohammad Omar, son of late Kazi Abdul Wadud of village Paigyram Kashba, PS Fultala, District Khulna by profession Government Servant......e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ......minal Appellate Jurisdiction) Present: Muhammad Ansar Ali J Saheb Ali Miah………………………………Appellant Vs. State…………………………&helli......93. 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. Rezzaqul Islam SM Abdus Saliar and Md. Abul Kashem Vs. State, 20 DLR 46......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Trans Oceanic Steamship Co. Ltd. and another Vs. Adamjee Insurance Co. Ltd. and another, 1993, 22 CLC (HCD)

....but they utterly failed to discharge the same. In view of the same, we find no merit in the contention of the learned Advocate for the appellants in this respect 14. In the case of Albert David (Bangladesh) Ltd. Vs. Brosterm Shipping Company Limited and two others reported in 34 DLR 362, plaint......hammad Ismailuddin Sarker J Kazi Ebadul Hoque J Trans Oceanic Steamship Co. Ltd. and another………………………Defendant-Appellants Vs. Adamjee Insurance Co. Ltd. and another………………&hell......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ..

Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

.... 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……......e and claim made by the petitioners are similar and points of law involved are also the same. In the said case Shahabuddin Ahmed CJ as he then was the Judge of the High Court Division sitting with W. Abdul Matin Khan Chowdhury, J observed "under a big scheme like the development of 'Greater......rged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 205       ..

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...... 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 Vs. Md. Yahiya Khan, 78 IC 483; Sreenath Vs. Jatindra Mohan, 30 CWN 263; Gobardhan Lal and...... 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.   ..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

.... (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...... Cases Referred to- Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. TR Varma, 1958 SCR page 499 507; KL Shinie Vs. State of Mysore, AIR 1976 (SC) 1980; Abdul Majid Vs. Province of East Pakistan and others, PLD (Dae) 1962 132; Abdul Hannan Khan (Md) Vs.......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 ..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... 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...... shed, 0. 17 acres Bagan land, 0. 16 acres Chala land in Plot No. 3730 and 0.18 acre of Chala land in Plot No. 3731 have been affected by the acquisition which was originally recorded in the names of Abdul Karim, Abdul Rahman, Muslim Mia, son of Elahi Baksh, Shamsul Haque Mia, son of Mafizuddin, Moh...... 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   ..

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   ......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   ..

Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3

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...... This Case is also Reported in: 46 DLR (HCD) (1994)  90. ......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. ..

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......; 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 Ahmed ......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)

....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     ......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     ..

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……………..........................ngladesh Vs. Mirza Shahab Ispahan, 40 DLR (AD) 116. Lawyers Involved: Khademul Islam Chowdhury with Mohammad Ali, and Muslima Khanam, Advocates‑For the Petitioner. Saidur Rahman with Abdul Mannan Bhuiyan, Assistant Attorney‑General‑For the Respondents. Writ Petition No. 580......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. ..

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 ...... the plaint till the disposal of the suit on the allegations briefly as follows‑ 3. That the suit land mentioned in 'Ka' schedule to the plaint originally belonged to 3 persons namely; Abdul Majid, Matiar Rahman and Mvi. Abdur Razzaque @ Rajib Ali in equal share measuring an area of 1......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     ..

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

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

.... 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...... Karimuddin Akanda and others Vs. State 21 DLR (SC) 148; Natabor Ghosh Vs. Adyanath Biwas 27 CWIV 674; Joinal Gazi Vs. State 25 DLR 422; ILR 24 (Cal) 167,52 Cr LJ (Al) 221 Lawyers Involved: Abdul Malek with Imman Ali and AFM Mushfiqur Rahman, Advocates‑For the Petitioner. Abdul Wadu...... 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