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Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ...... No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of the ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216; Shambhu Nath Poddar Vs. Bangladesh Railway and ors, 43 DLR (AD) 82. Lawyers Involved: Shamsul Alam, Advocate—For the Petitioner Mihir Kanti Majumder wit..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......Abdul Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......Kader alias Kadu and others……………………………Appellants Vs. State……………………………Respondent Judgment May 16, 1994. Result: The appeal is allowed. Lawyers Involved: Khondker Mahbub Hossain with Golam Kibria and Md. Afzal Hossain, Advocate..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
......on, of the Department of Immigration and Passport of the Head Office at Dhaka and thereafter he was transferred to Regional Passport Office at Chittagong as Officer‑ in‑Charge and he served there for about 4 years. On being promoted as Deputy Director, Immigration and Passport by the order of Mi......bout 4 years. On being promoted as Deputy Director, Immigration and Passport by the order of Ministry dated 16.1.1982 the petitioner was transferred to the Head Office at Dhaka. After promulgation of Martial Law on 24th March, 1982 the petitioner was implicated in Chittagong Kotwali PS Case No.34 (3..................Petitioner
Vs.
The Principal Secretary, President's Secretariat...........Respondents
Judgment
April 28, 1994.
Result:
The Rule is disposed of.
Lawyers Involved:
SS Halder with Rabindra Ghose, Advocates‑For the Petitioner.
Mashuque ..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......he Act provides that the Artha Rin Adalat will follow the provisions of the Code of Civil Procedure in so far as these are not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled propo......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......man, First Labour Court, Dhaka and Another 44 D.L.R. (A.D.) 40; Agrani Bank Vs. Sultana Jute Mills Ltd.; Md. Zahirul Islam Vs. National Bank Ltd. & others, 1994 (II) BLT SC (AD) 23 Lawyers Involved: MA Aziz, Advocate‑For the Petitioner. Badruddin Ahmed with Raquib Ahme..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......er……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appea......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......d to operate any further. Because of the fact that the basis on which the action of the Government is founded no longer exists the order of suspension cannot be allowed to operate………..(18) Lawyers Involved: Abdul Wadud Khandker, Additional Attorney-General, instructed by Sharifuddi..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ivil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed A..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the w......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......other period of time, to use the word 'from' and, for the purpose of including the last i.e. a series of days or any other period of time to use the word 'to'…… (7) Lawyers Involved: AS Md. Ramjan Khan, Advocate—For the Petitioner. Syed Abu Kowsar, ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......No. 400 of 1991 rejecting the revisional application under sections 435/438 of the Code of Criminal Procedure. 2. The opposite party herein Md. Mainuddin Hossain Chowdhury filed an application before the Upazila Magistrate, Comilla under section 147 of the Code of Criminal Procedure complaining......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ...... Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. Lawyers Involved: Md. Amir Hossain, Advocate‑For the Petitioner. Md. Majibar Rahman, Adv..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
...... Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside.
2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposite parties 1-5 and also proforma defendant No. 6 for realisati...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......and others Vs. Sukumar Chandra Das and others; MRKRM Somasundram Chetty Vs. MRMVL Subramaniah Chetty, AIR 1926 (PC) 136; 28 CWN 873 (Chandra Kumar Mukhopadhya Vs. SudhansuBadani Deb and others),
Lawyers Involved:
Dr. M Zahir with M Hasan, Md. Firoz Shah and Md. Abdul Khair, Advocates‑For..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
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 ...... permission of the Court renders the proceeding untenable in law……………… (9) Article 14 of the Limitation Act Since the 'No objection certificate for the construction of a cinema hall was issued by the Deputy Commissioner under the Cinematograph ...... 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 ...... one year of the said order. Filing of the present suit after about two years of the passing of the impugned order is hit by Article 14 of the Limitation Act…………..(8) Lawyers Involved: Mohamad Korban Ali with Mohammad Nazrul Islam and Taj Mohammad, Advocates&mda..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. ......2 with Palashbari PS Gaibandha, in which she alleged that the petitioner No.1, a 50‑year‑old headmaster of a school, seduced her with false promise of marriage and had sexual intercourse with her for about three to four years. When she became pregnant petitioner No.2 terminated the pregnancy on ......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. ...... AIR 25 Mad. 61(PC) Abdur Rahman 31 CWN 271(282) (PC) Madhya Pradesh Vs. Veereshwar Rao Agnihotri reported in AIR 1957 (SC) 592 Din Dayal Sharma Vs. State of UP the Respondent AIR 1959 (SC) 831. Lawyers Involved: Tufail Ahmed with AKM Shamsul Haque, Advocates‑For the Petitioners. JK..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....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 ......e why they should not be directed to comply with the direction issued by the Election Commissioner touching upon various acts of the election campaign of the candidates violating the laws and rules before the election to the offices of the Commissioners and Mayor of the Dhaka City Corporation schedu......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 ......35 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ...... 631 votes and his name was duly published in the official gazette on 6.3.91 and the petitioner was administered oath of office as member of the Parliament, Thereafter the respondent No. 2 filed the aforesaid Election Tribunal Case No.1 of 1991 alleging, inter alia, that his agents were forcibly ous...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......dents Judgment January 25, 1994. Result: The Rule is discharged. Cases Referred to- 27 DLR 594; (27 DLR (AD) 117, 31 DLR (AD) 296; 32 DLR (AD) 186; 38 DLR (AD) 275. Lawyers Involved: Khondker Mahbubuddin Ahmed with Mina Hussain Haider, Advocates—For Peti..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....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. ......itration Miscellaneous Case No. 78 of 1990 making the award a Rule of the Court. 2. The defendant Bangladesh Telegraph & Telephone Board (hereinafter referred as the BTTB) is the appellant before us and the plaintiff Lithi Enterprise Ltd, a private limited company, is the respondent. BTTB i......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. ......l Rawatmal Vs. Sankalch and G. Shah and others, 53 CWN 828; KM Shafl Ltd. Vs. Government of Bangladesh, 1982 BLD 111; Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 43 DLR 1. Lawyers Involved: Akhtar Imam with Md. Serajul Haq, Altaf Hossain Khan, Kazi Md. Shahiqul Hassa..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....Clauses Act of 1897. Sub-paragraph 9 of paragraph 19 of 4th Schedule of the Constitution enacted by Constitution (7th amendment) Act of 1986 provides that General Clauses Act, 1897 shall apply to the Proclamation of Martial Law Order and Martial Law Regulation. In view of sub-paragraph 9 of paragrap......cted to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The f......is Court calling upon the respondents to showcause as to why they shall not be directed to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other......ary 16, 1994. Result: The Rule is made absolute. Cases Referred to- Mahtabuddin Ahmed Vs. Principal Secretary, President's Secretariate Dhaka 1990 BLD (AD) 137; 42 DLR 1. Lawyers Involved: Khondakar Mahbub Hossain with Khondaker Gulzar Hossain, Golam Kibria and Md. ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....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
......ntest against the defendant Nos. 2‑4 with interest at the rate of 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sal......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
......can limit its liability only 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, Advo..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....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.
...... possession thereof to the petitioner and since then petitioner has been in continuous and peaceful possession of the disputed property; that thereafter the petitioner applied to the respondent No. 2 for mutation of his name in place of name of the vendor and by the Memo dated 28.4.86 (Annexure &quo......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.
......;…Respondents
Judgment
January 12, 1994.
Result:
The Rule is made absolute.
Cases Referred To-
Fazlul Huq Chowdhury Vs. Government of Bangladesh, 30 DLR 336.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates‑For the Petitioner.
..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....of the lamed Magistrate vide Memo of the Anti‑Corruption Bureau dated 26.11.86. The accused also remained in abscondence since the beginning of the case in spite of issuance of Warant of Arrest and Proclamation and ultimately he was arrested by the Police and produced before the Upazila Magistrate......a Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevent......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. ......m Vs. State, 20 DLR 461; Ali Newaj Bhuiyan & another Vs. State, 40 DLR 461; Profulla Kumar Roy Chowdhury and another Vs. Emperor AIR 1944 (Cal) 120; Muhammad Hussain Vs. State, 1967 PLD 307. Lawyers Involved: Abdul Hameed Chowdhury with Shah Mushlak Ahmed and Shaikh Shamsul Alam, Advoc..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....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
......of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with these four appeals by order dated 23.8.1989. But since the said appeal is not yet ready for want of the lower court records which are reported to be not traceable we directed by order date......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
......;………………………Respondents
Judgment
November 23, 1993
Result:
All the appeals are dismissed.
Cases Referred to-
Lawyers Involved:
Md. Ismail with Md. Omar Farook, Advocates-For the Appellant(In F A Nos. 30, ..
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
......esent:
Habibur Rahman Khan J
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others…………………......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
......ng , 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 Mahbubuddin Ahmed with Mirza Hossain Haider, Advocates—For the..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
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