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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 ......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......ht to delete his entire pleadings and to substitute them by new pleadings as to acquisition of his title to the suit properties. It is an extreme case of its kind and needs careful treatment. 3. Order 6 of the Code of Civil Procedure has the heading "Pleadings Generally". Its rule 1 d..

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   ......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, ......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   ..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)

....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ......t below was not justified to tender pardon to him and to examine him as P.W. 2 without assigning any reason specially when prosecution did not pray for tendering pardon to him……(7) Lawyers Involved: Akram Hossain Amin, Advocate—For the Appellants Basharatul Mowla,...... police, he himself volunteered to become an accomplice witness by filing an application on 16.7.88 before the Special Tribunal while he was on bail with prayer for pardon and the Special Tribunal by Order dated 16.7.88 allowed the prayer and withdrew charge framed against him on 13.4.88 along with ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1

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. ...... 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......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. ..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... 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......e relief prayed for and thereafter the court ordered that the decree be passed accordingly. For proper appreciation let us quote here the ordering portion of the judgment and it runs as follows: Ordered that the suit be decreed on contest against the defendant Nos. 1-4 with costs. The defe..

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         ...... 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......s. Shaikh Nazrul Islam and others...................Opposite Parties Judgment February 7, 1994 Result: The Rule is discharged. Suit Filed By a Representative Under Order 1 Rule 8 of the Code of Civil Procedure a representative suit can be filed with the permission..

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. ...... 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......o be a minor girl of 13 years, was granted bail. The petitioner No.1 was also granted bail by the learned Sessions Judge, Gaibandha later on when the case was sent to him. 7. It appears from the Order No.7 dated 6.8.1992 of the learned Sessions Judge, Gaibandha that the accused petitioners had ..

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   ......35   ......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

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       ......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...... 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       ..

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. ......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......Imam with Md. Serajul Haq, Altaf Hossain Khan, Kazi Md. Shahiqul Hassan and Ranjan Chakravorty, Advocates‑For the Appellant. Abdur Rab, Advocate‑For the Respondent. Appeal from Original Order No.140 of 1993. Judgment Md. Abdul Karim J. - This first miscellaneous appeal at the..

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

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

....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. ......ling 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 or further ..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

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

....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......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     ..

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)

....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. ......he learned Advocate further submitted that inclusion in the said list of the disputed property which did not answer the description of the abandoned property within the meaning of the President's Order No.16 of 1972 affected petitioner's fundamental right guaranteed under Article 42 of the C..

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.   ......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......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)

....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, ......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)

....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......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

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

....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......e Superintendent of Police, Patuakhali the result was communicated to the petitioner by his Memo No. 76/ (RO)) dated 19.1.88 giving reference of the order No. 106 dated 14.1.88. Against the Appellate Order the petitioner preferred representation to the Inspector General of Police, Bangladesh who by ..

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   ......: 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......the acquisition proposal but neither the petitioner nor anybody of the recorded tenants filed any  objection against the acquisition proposal within 15 days or thereafter and the Government vide Order No. General 1/84/102(68) Requisition dated 31.1.1984 accorded approval on 24.6.1986 confirming..

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   ......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 ......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. ......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......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