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....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
....... 42 of 1971.
Judgment
Kazi Ebadul Hoque J. - These four appeals by the contesting principal defendant Nos. 1 and 2 are against judgment and decrees dated 7.8.1970 passed by the Subordinate Judge, 3rd Court, Chittagong analogously in Money Suit Nos. 171, 175, 179 and 180 of 1966 along with..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....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
......rder of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......section 93A of the Act. The facts of the said case 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 ..
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. ...... 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. ...... Appeal from Original Decree No. 72 of 1988. Judgment Kazi Ebadul Hoque J. - This appeal by the defendant appellants is against judgment and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decreeing plaintiff respondent No.1's suit ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....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
......itioner.
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
......called documentary evidence".
11. Referring to the denotation of the court as given out in section 3 of the Evidence Act Mr. Khan submitted drat the "Court" includes all Judges and Magistrates and all persons, except arbitrators, legally authorised to take evidence.
..
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
......e Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......ication for pre‑emption under section 96 of the State Acquisition & Tenancy Act and the said application was allowed on 13.3.1986 in Miscellaneous Case No. 71 of 1981 by the learned Subordinate Judge, Lakshmipur and the decision was upheld by the superior courts. Munsurul Haque thereafter, tre..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....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.
......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.
......and decree dated 27.06.74 passed in Probate Case No. 6 of 1973 (20 of 1972) and Letters of Administration Case No. 7 of 1973 (22 of 1972) and Miscellaneous Case No. 469 of 1972 passed by the District Judge, Dhaka.
2. The respondents here were the petitioners before the learned District Judge an..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....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 ......rayer was rejected and they were sent to the judicial custody. The learned Sessions Judge on receipt of the case records transferred the same to the Court of the learned Additional Sessions Judge and Special Tribunal No. 23 Dhaka for trial. The learned Additional Sessions Judge thereafter fixed 25.5......hammad Ansar Ail J.-This appeal at the instance of appellant Ashok Kumar Saha arises out of the judgment and order of conviction and sentence dated 21.9.1992 passed by the learned Additional Sessions Judge, Court No. 8, Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under se..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....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 ......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)
....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 ......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)
....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. ......ecision. 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. ......the formalities for the purpose. Due to failure to obtain the kabala, the petitioner filed a suit for specific performance of contract being Title Suit No. 555 of 1974 in the Court of 1st Subordinate Judge, Dhaka against Ali Mohammad Khan and the Ministry of Public Works as the defendants which was ..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 ......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 ......sion No. 639 of 1993. Judgment Mahfuzur Rahman J.—This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff arises out of an order passed by District Judge, Feni on 4.2.93 in Miscellaneous Appeal No. 17 of 1992 vacating the order of status quo grante..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
...... 2173 of 1993
Judgment
Abu Sayeed Ahammed J. - In this case the respondent Himalaya Ice & Cold Storage Company Ltd. has brought Money Suit No. 15 of 1988 in the Court of the Subordinate Judge 1st Court Khulna against the appellant for realization of money upon the allegations that duri..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
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. ...... 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. ......read with section 435 of the Code of Criminal Procedure a Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 19.6.93 passed by the Additional Sessions Judge, Ist Court Dhaka, in Sessions Case No. 300 of 1992 allowing the prayer of the prosecution to e..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....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 ......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 ......r Ali J. — The First Miscellaneous Appeal at the instance of the plaintiff Bengal Water Ways Ltd. is directed against an order dated the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upon an application for temporary mandatory injunction arising out of Title ..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 ......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 ......om Original Decree No. 66 of 1987. Judgment Mohammad Ismailuddin Sarker J. - This appeal by the Defendants is against the Judgment and Decree dated 18.3.87 passed by the learned Subordinate Judge and Commercial Court No. 1, Dhaka, in Money Suit No. 657 of 1984, decreeing the suit. 2. ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... 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. ......nd as such she should not be kept in judicial custody and should be allowed to go any where she wants to go. The petition was numbered Criminal Misc. Case No.501 of 1992. 7. The learned Sessions Judge, Netrokona heard the Criminal Misc. Case No. 477 of 1992 and Misc. Case No.501 of 1992 analogo..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... 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
......que J.-This appeal at the instance of defendant No. 1 appellant is directed against the judgment and decree passed in Money Suit No. 17 of 1984 (formerly MS No. 85 of 1980) by the learned Subordinate Judge, 2nd Court, Chittagong, decreeing the suit in favour of the plaintiff-respondent No.1.
2...
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... 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
......ail, 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
...... ultra vires of the Constitution by operation of Article 26 of the Constitution. Mr. Yousuf has cited various decisions in support of his contention which will be discussed later on in this Judgement.
8. Mr. Aminul Huq, the learned Attorney General appearing for the respondent-Governm..
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 ...... 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 ......1) Md. Abul Khayer, (2) Md. Idris Ali, (3) Md. Abdul Karim alias Karim and (4) Abdur Rahim arises out of the judgment and order of conviction and sentence dated 11.8.91 passed by The learned Sessions Judge, Naogaon in Sessions Case No. 24 of 1990 arising out of GR Case No. 86 of 1987 convicting the ..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)
....uthorised officer. (3) Where the person in possession of any abandoned property fails to surrender such property as he is required to do under clause (2), the Deputy Commissioner or the Sub-Divisional Magistrate, or the authorised officer shall serve a notice on him in the prescribed manne......ted 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 ......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 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
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