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A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....tances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......Advocate reported in A.I.R. 1935 (Bombay) 213 is a suit filed in the original side of the High Court to recover a sum of money with interest for money lent and advanced to the Defendants at different times in 1920 and for an Order for sale of certain shares alleged to have been pledged with the Plai......posing of the appeal. 8. Mr. Asrarul Hossain. learned Advocate for the Appellants, submitted that the suit was governed by Article 57 of the Limitation Act inasmuch as the suit was for recovery of money secured by pledge and he had relied upon the case of Percy F. Fisher Vs. Ardeshir ......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 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....Case is also Reported in: 46 DLR (HCD) (1994) 112. ......mined separately by a Radiological expert and a Medical Learn headed by the Civil Surgeon, Netrokona. The Radiological report fixed the girl's age, "about 16‑18 years" but at die same time the report suggested that a medical examination should be carried out before fixing the girl...... 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
....t is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......r further case that in spite of best effort the defendant No. 1 could not supply the four trawlers as agreed in the charter party agreements, between them. It was further alleged that at the relevant time the weather was bad and unfavourable, and cyclonic weather was running in the sea. In a word, t...... 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
...... 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
..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... J
Professor Ghulam Azam……..........................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 199...... the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, re...... 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
...... 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
..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....n at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... Hat at about 5‑00 PM and after completing his marketing he returned home. Subsequently on query he came to know from the wife of victim Kalam that he (Kalam) had not returned home. Then after some time he with his cousin Helal went to the said Hartidanga hat in search of the said victim Kalam and......her stated that accused Khaleque, Rahim, Jamal, Islam, Sakina frequently used to visit the house of his brother, the victim and they were involved in the murder. Hc further stated that at the Lime of recovery of the deadbody of the victim from the pond on search, the accused Khaleque, Islam, Jamal, ...... 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 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M Nurullah with AQM Shafiullah, Advocates‑For the Petitioner. Saha Md. Abu Nayeem Mohammad Mominur Rahman, Advocate‑For the Oppo......possession against the petitioner for violation of the order of injunction granted on July 12, 1987 dispossessing him from the land in suit. The Miscellaneous Case is pending for disposal. In the meantime when the suit was taken up for peremptory hearing on May 18, 1981 the opposite party filed an a......t case the suit, although initially was instituted for permanent injunction, but the plaintiff after being dispossessed from the suit land filed the amendment petition for declaration of title to and recovery of possession of the suit land. As the plaintiff in the case prayed for declaration of titl...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....ances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ...... 42 of the Specific Relief Act. Their specific case is that Syedunnessa Chowdhurani, Khan Bahadur Gousuddin Ahmed Chowdhury and others did. never settle the suit land 40 years ago or at any time with the plaintiff's at an annual rental of half a maund of paddy per keder or any rent nor......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
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....lip;…………………………………………Petitioner [In Criminal Revision 1679 of 1992] Vs. State………………………………&......conferred upon the High Court by section 561 A CrPC can be exercised by it for limited purpose at least in respect of pending cases pending before the Special Tribunal. It may be observed that at the time the appellate and revisional jurisdiction of the High Court over the Special Tribunal had been ...... 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 ......12 dated 20.7.89 under sections 307/302 of the Penal Code they learnt that some unauthorised weapons were kept with the petitioner Mir Mohammad Ali and on search a licensed pistol and some unlicensed arms were recovered from the house of the accused petitioner when he and his wife were away. So far ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....titioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is made absolute. The Constitution of Bar Association; Articles 3 & 4(5) The Bar Association is a welfare association of the memb......he was debarred from practising in the Supreme Court under rule 66(1) of the Bangladesh Legal Practitioners and Bar Council Rules, 1972. A copy of the extract of the said resolution was for the first time handed over to the petitioner in the Court room as directed by the Court. The hearing of the ca......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. ......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. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petition......ation have mainly claimed superannuation pension for all pensioners on the basis of calculation of their pension according to pay as on 1.6.85 of the respective posts which the pensioners held at the time of their retirement irrespective of their respective dates of retirement. In short, they claim ......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
......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
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......aintiff Unnayan Parishad and can use the land for the best utilisation for the Railways. The defendant claims that the suit of the plaintiff Unnayan Parishad is liable to be dismissed.
4. At the time of trial, three witnesses were examined on the, side of the plaintiffs as against one on the si......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
......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
..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....t Division (Criminal Miscellaneous Jurisdiction) Present: Naimuddin Ahmed J Abu Sayeed Ahmed J Jahanara Begum.......................................Petitioner Vs. State...................................................... Opposite Party Judgment January ......ll, taken us through the grounds of detention and has argued that of the grounds of detention ground No.1 is absolutely vague, indefinite and unspecified lacking in any particular regarding the date, time, place and manner of indulging in the activities mentioned therein. He has also argued that in ...... 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. ......endering of the above ten grounds shows that in ground No. I it has been stated that the detenu happened to be a leader of a so‑called party named Sharbahara Party and that he always carried fire‑arms, indulged in murder, dacoity, kidnapping, rioting, hijacking, terrorism and realisation of subs..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
........Respondents Judgment December 13, 1992. Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration A petition in the nature of Habeas Corpus for the custody of a minor, whether would......ent being in defence service was transferred to various parts of the country and thus the petitioner No. 2 never had a marital home of their own with the respondent though petitioner No. 2 at various times lived with respondent in the quarter allotted by the Government as a visitor. On 24.8.88 a chi......re are remedies under the provisions of the Guardians and Wards Act, was considered, and it was held that there is no reason why the appellant should not proceed under the Guardians and Wards Act for recovery of the custody of the child. It was further hold that she has a right to go under the Guard...... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....p; December 6, 1992. Result: All the Rules are discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates—For the Petitioners in all the Writ Petitions. Syed Amirul Islam with Mahbubul Hoque......he learned Labour Court and contested all the above IRO Cases contending that by an agreement with the collective bargaining agent functioning in the press concerned the minimum wages were fixed from time to time by agreement and, as such, the minimum wages fixed by the above notification by the Gov......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the tim......ession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to possession is based on evid...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....y vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......rvices rendered in a trade or profession by that other person, the sum of £100 enters upon another passage in another form of income, and therefore, attracts income tax gain”. At the time of hearing both revenue and the assessee produced before us documents to show that amount was t...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
.... at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......tigating Officer Mr. MA Hossain completed the investigation and submitted the charge‑sheet on 2.2.82. 7. The charge framed against the accused on 21.11.89 is that the accused on 21.5.81 at any time in the night following at Char Colony, Police Station and District‑Barguna committed the murd......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....nur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........Respondents [In all Writ Petitions] Judg......s. The petitioner in the Writ Petition No. 4 of 1990 was not made party. None of the respondents No. 1‑3 filed any affidavit‑in‑opposition, nor any one on behalf of them opposed the Rule at the time of hearing. But it is the petitioner in Writ Petition No. 4 of 1990 Mrs. Marium Begum who oppos......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....rds to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ng to the informant, were armed with dagger and torch light. One of them threatened the passengers by uttering, "ruscal, give me money, otherwise I shall kill you with this dagger." At that time the informant tried to get out from the bus but the dacoit who gave whistle fastened him with t...... stated that the looted properties in cash and kind were taken away by the dacoits and some booties were distributed to the confessing accused, but there is nothing on record to support it, either by recovery any of such articles or money or by any other independent evidence. So, on scrutiny of the ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ts of the power and the law— Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and......s country even for a moment. He never lived abroad except on assignments and on visits. There has never been any reasons whatsoever for the petitioner to think of leaving this country at any point of time except on visit and professional or official assignment. 6. In order to explain the allega......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
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