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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 ......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......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 ..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 ......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.......cord of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing Orders) Act, 1965— It is obligatory on the part of the employer to take into considerati..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 ......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......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. ......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......practising fraud upon the Court. The petitioner has been in unauthorised and illegal occupation of the case property. That the said sale of the house was hit by Article 6 of President's Order 16 of 1972 as no permission for sale of the holding was obtained from the Government. During t..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 ...... 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......of Khas possession of the land mentioned in the schedule 'Ga' of the plaint after demolishing construction raised, Warty. Plaintiff‑petitioner also filed an application for injunction under Order 39 rules I and 2 of the Code of Civil Procedure for restraining the opposite party No.1 from r..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.
......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......73 of 1993). This appeal is by the same defendant against another order No.25 dated 11.11.89, passed by the learned Subordinate Judge in the said suit upon an application filed by the plaintiff under Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against..
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. ......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...... 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. ..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 ......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......red this Miscellaneous Appeal to this Court. The same was admitted on 26.5.92 for hearing. The records of the case were not called for and on the very day of hearing of the Miscellaneous Appeal under Order 41, rule 11 CPC the plaintiff/appellant filed an application for temporary mandatory..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 ...... 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 ......r business and, in consideration of the said approach, an Over Draft limit of Tk. 50,750.00 was sanctioned by the Bank on 10.6.70 which was subsequently enhanced to Tk. 70,000.00 on 12.12.70; that in Order to secure the Over Draft amount, the said Halima Khatoon pledged National Investment Trust Cer..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. ......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...... 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
.... 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...... 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
.... 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,......s further been stated in the affidavit-in-opposition that the detenu-petitioner cannot be treated as a citizen of Bangladesh within the meaning of Article 1(2) of the Bangladesh Citizenship Order, 1972, though he was born in the territory now comprised in Bangladesh and permanently residin..
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 ......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...... 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
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 ......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 ......te. The listing of the properties in the (Kha) lists of abandoned properties and publication thereof in the Official Gazette in respect of which notices under Article 7(3) of the President's Order No.16 of 1972 have not been issued will be per se illegal and then the issues whether such pro..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. ...... 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.......etitioner against the order of the appellate Court filed Civil Revision No.1187 of 1987 in this Division unsuccessfully. 5. Thereafter opposite party filed Miscellaneous Case No.53 of 1987 under Order 39 r 2 read with section 151 CPC for restoration of possession against the petitioner for viol..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......ses Referred to- PLD 1970 (SC) I (Hussain Bakhsh Vs. Settlement ‑Commissioner, Rawalpindi and others); SAL Narayan Row and another Vs. Ishwarlal Bhagwandas and another, AIR 1965 (SC) 1818 Lawyers Involved: SR Pal with Bazlur Rahman Chhana, Advocates—For the Petitioner. Kh......as dismissed. It appears from the copy of the application Annexure‑'14' to the supplementary affidavit on behalf of the respondent No. I that the petitioner filed the said application under Order 9 rule 9 of the Code of Civil Procedure for setting aside the order of dismissal of this suit ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... 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 ......1; Bangladesh Vs. Abdul Wahab and others, 12 BLD 368; Waryam Singh and another Vs. Amarnth, AIR 1954 (SC) 215; Muhammad Samiullah Khan and another Vs. State, PLD 1963 (SC) 237 = 15 DLR (SC) 150. Lawyers Involved: Maudud Ahmed with Azizul Haque and SK A Awal, Advocates—For the Petiti...... 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 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....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. ......antage of that article. Now here it is mentioned that unless he applies for association membership his regular membership will cease…………………. (13) Lawyers Involved: Rafique‑ul Hoque, Moudud Ahmed, Azizul Hoque, Anjuman‑Ara‑Shelly & ......h he ordinarily practises which Association has been recognised under the rules. Local Bar Association has been defined in Article 2(f) of the Bangladesh Legal Practitioners and Bar Council Order as follows: 2(f) "Local Bar Association" means any Bar Association in a Distric..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....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
......ladesh; DS; Ram Krishna Dalmia Vs. SR Tendolkar, 1959 SCR 279 at pa 296: (AIR 1958 SC at p. 547 IA; Sharwani and others Vs. Government of Pakistan, 1991 SCMR (Supreme Court Monthly Review) 1041.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates—For t......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
....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
.......Respondents
Judgment
February 16, 1993.
Result:
The appeal is allowed.
Lawyers Involved:
Mahmudul Islam, Advocate—For the Appellants
Shaheed Alam, Advocat......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
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