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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. ......y 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 for specific performance of a contract for sale. 2. Plaintiff-respondent No.1 filed the aforesa...... 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. ...... Patna 206; Ml Ante Vs. ML ReotiKuar and others, AIR 1936 (Allahabad) 337. Mohammad Ejaj Hossain Vs. Mohammad Iftikhar Arehana Prasad; Nandi Vs. Miss Chitta Randolph and others, 1982 BLD (AD) 90 Lawyers Involved: SS Halder with Mokhlesur Rahman, Advocates‑For the Appellants. ..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
.......4.87 with guard duty along with two other constables namely, CI99 Abdus Salam and 0241 Md. Nazrul Islam on board ML Titumir on its trip from Barisal to Kalaiya via Kalishuri. They boarded the launch for their duty from Kalishuri point While the launch was proceeding from Kalishuri to Kalaiya on its......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
......IR 1976 (SC) 1980; Abdul Majid Vs. Province of East Pakistan and others, PLD (Dae) 1962 132; Abdul Hannan Khan (Md) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 43 DLR 131.
Lawyers Involved:
Khan Saifur Rahman, Advocate—For the Petitioner.
AFM Hasan Arif, D..
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
......sent:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The...... 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
......:
The Rule is made absolute
Cases Referred 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 Rah..
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)
....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 ......es—For the Plaintiff M Hafizullah with SK Siddque, Advocates—For the Defendant No. 3. Admiralty Suit No. 18 of 1993. Judgment AM Mahmudur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the def......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 ......V Stern" and others............................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 ..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.
......lved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal from Original Decree No. 235 of 1976, analogous wit......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.
......ndra Krishna Chowdhury and others…………………..Respondents
Judgment
September 7, 1993
Result:
Both the appeals are dismissed.
Lawyers Involved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Za..
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 ......Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonment for ......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 ......ate, 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 with Abul Kalam, Advocates-For the Appellant Md. Enam..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 ......ourt, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal&mdash......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 ......to- Md. Torah Ali Vs. Bangladesh Textile Mills Corporation and another, 1989 BLD 383 (relevant page 386); Adamjee Jute Mills Ltd. Vs. Chairman 3rd Labour Court and another, 12 DLR 371 Lawyers Involved: AKM Nazrul Islam with Jeban Naher Ayesha, Advocates—For the Petitioner...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 ......he Plaintiff Mahmudul Islam, Advocate—For the Defendants. Admiralty Suit No. 19 of 1993. Judgment AM Mahmudur Rahman J. — This application is by the defendants 1 and 2 for rejection of the plaint for want of cause of action. The application is resisted by the plaintif......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 ......ants Judgment August 25, 1993. Result: This application is rejected. Cases Referred to- Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR (AD) 188 Lawyers Involved: Shah Abu Nayeem Mominur Rahman, Advocate—For the Plaintiff Mahmudu..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. ......, Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal......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. ......hairman, 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 Ali, and Muslima Khanam, Advocates‑F..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 ......f status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of......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 ...... DLR (SC) 155, 160; Ashwini 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, Advo..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.
......hammed 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 during his tenure of office as the Managing Direc......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.
......2, South Central Road, PS and District Khulna, Represented by the Managing Director.........................Respondent
Judgment
August 9, 1993.
Result:
The appeal is allowed.
Lawyers Involved:
Muhammad Shamsul Hoque, Advocate‑For the Appellant.
Shahid Ahmed, Advo..
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. ......lt: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred to- Ramchandra Prasad Vs....... 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. ......orted in 1963 (SC) 178; 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 Peti..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 ......mp; others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal;......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 ......ah) 234 PLD 1982 (Lah) 234; Piran Ditta Vs. Haji Habit Ashraf and other, PLD 1982 (lah) 234; Associated Cement Companies Ltd. Vs. Province of Punjab, PLD 1954 (Lah) 151=PLR 1954 (Lah) 149. Lawyers Involved: Mir Mokhlesur Rahman with Miss Nasrin Parvin, Advocates—For the Plainti..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 ......ttara Bank Limited. instituted Money Suit No. 162 of 1981 on 28.5.81 in the Court of the Subordinate Judge. 3rd Court, Dhaka, which was later on renumbered as Money Suit No. 657 of 1984. on transfer, for a decree of Tk. 1,07,099/08 with interest from the Defendants-Appellants, on the allegations, in......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 ...... Wright and Co. Vs. Tranyanacore National and Quilon Bank Ltd. A.I.R. 1945 (Madras) 467; 5 D.L.R. 69 AIR 1945 Madras 467; Nabadwip Chandra Podder and anr. Vs. S.D. Ahmend, reported in 21 DLR 755 Lawyers Involved: Asrarul Hossain, with Iftekhar Ahmed, and Jahangir Alam, Advocates—For ..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. ......t. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June...... 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. ......an Bala Chowdhury Vs. State 17 DLR 544; Prafullah Kamal Bhattacharya Vs. Ministry of Home Affairs, 28 DLR 123; Manindra Kumar Malakar Vs. Secretary of Home Affairs and others, 43 DLR 71 para 10. Lawyers Involved: Amirul Islam with MA Quddus Miah and Most. Shireen Akhter, Advocates‑For pe..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
........Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stranger to a contract cannot sue the other party....... 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
......Dayal Kapoor Vs. Union of India, AIR 1963 (Punj) 538; Salomon Vs. Salomon & Co. (1895-99) AER, 33; EBM Co. Ltd. Vs. Dominion Bank, AIR 1952 (Bom), 337; Punjab All's case 29 DLR (SC) 185.
Lawyers Involved:
Rokonuddin Mahmood with Murad Reza and Raja Devasish Roy, Advocates‑For the..
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
...... respondents, namely, Bangladesh, represented by the Secretary, Ministry of Home Affairs and others to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawfu...... 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
...... Ranjan Sen Vs. Government of the People's Republic of Bangladesh, 32 DLR 160;Mir Abdul Qadir Vs. State of Andhra Pradesh, AIR 1967 (Andhra) 105; Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89.
Lawyers Involved:
Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney‑General,..
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 ......e said appellants along with 4 other accused namely A. Khaleque alias Khalekul Jamal, Islam and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and acquitting the accused Shakina Bibi. 2. Prosecution case, in short, is that on 9.1...... 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 ......te; Md. Rafiqullah and another Vs. State,38 DLR 124; Nayan @ Fadul Haq Vs. State 38 DLR 415;, Abul Kashem and another Vs. State, 40 DLR (AD) 97; 40 DLR at pages 29, 139 and 144;1991 BLD (AD) 265 Lawyers Involved: AKM Faiz with Salma Masud Chowdhury and AM Fakhrul Alam,Advocates—For t..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)
....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 ......erties are abandoned properties or whether the claimants thereof have got title thereto will not be required to be decided as according to section 7(1) of the said Ordinance. Any person can pray for exclusion of any building to him from the list of abandoned properties without praying for any o......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 ......the provisions of the said Order and the Court of settlement can make such decision on the prayer of the applicant as it deems fit under section 10(5) of the said Ordinance……. (16) Lawyers Involved: Shafique Ahmed, Advocate‑For the Petitioners MA Mannan, AAG‑For the ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... 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. ......1. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against the order dated June 15, 1991 passed by the Additional Assistant Judge, 5th Court, Dhaka allowing an application for amendment of the plaint of Title Suit No.13 of 1991. 2. The application for amendment arose...... 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. ...... 21, 1993 Result: The Rule is made absolute. 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...Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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