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Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others

....zammel Hoque J. - This Rule was issued directing the opposite parties to show cause as to why the judgment and decree dated 23.6.92 and 30, 6.92 respectively passed by the learned Additional District Judge, 2nd Court, Khulna, in Title Appeal No. 213 of 1991 allowing the appeal on reversing die judgm......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         ......n 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         ...... 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         ..

Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....ng upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of the Sessions Case No.41 of 1992 under sections 313/34 of the Penal Code, now pending in the Court of the Sessions Judge, Gaibandha, should not be quashed. 2. The petitioners have been charged under sections 31......r 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. ......titioner 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. ......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. ..

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   ...... 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   ...... 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   ......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)

....riginal Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Redwan Ahmed.................................Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: Th......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       ......ously. 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       ...... 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)

....3. Judgment Md. Abdul Karim J. - This first miscellaneous appeal at the instance of the defendant is directed against the judgment and decree dated 30.1.93 passed by the learned Subordinate Judge, First Court, Dhaka, in Arbitration Miscellaneous Case No. 78 of 1990 making the award a Rule ......he 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. ......t, 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. ......s Case is also Reported in: 46 DLR (HCD) (1994) 122. ..

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

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

.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ......the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ..

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)

....sh;For the Respondent No. 1 Appeal from Original Decree No. 54 of 1971. Judgment Mahfuzur Rahman J.—This appeal is directed against the judgment and decree passed by Subbordinate Judge, Jessore on 30.5.70 in Money Suit No. 2 of 1969 decreeing the suit on contest against the defe......udgment 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     ......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     ......(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. ...... 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. ......ation 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. ...... Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Alhaj Mohammad Rahim­uddin Bharsha…………………Petitioner Vs. Bangladesh represented by the Secretary to the Ministry of Works and another………..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....ct, 1958 at the instance of accused Md. Saheb Ali Miah, ex‑member of Nagarkanda 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 app......ble 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.   ......ccordance 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.   ......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)

..... 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......ismissed. 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 ....... 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 ......but they utterly failed to discharge the same. In view of the same, we find no merit in the contention of the learned Advocate for the appellants in this respect 14. In the case of Albert David (Bangladesh) Ltd. Vs. Brosterm Shipping Company Limited and two others reported in 34 DLR 362, plaint..

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)

....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 ......ged 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       ......out 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       ...... Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagong , 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 Ma..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... 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 ......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.   ......ct 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.   ..

Category: Property Law | Date: 14 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)

....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. ......ifur 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 ......man, 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 ...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Ayub Ali (Md.).......................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and..

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)

....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......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   ......y 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   ...... 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   ..

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   ......ce 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   ......is 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   ......n the safe custody of this Court. Let the vessel MV Stern now lying at Chittagong Port, Chittagong be released from attachment/arrest and the said vessel be allowed to leave the territorial waters of Bangladesh." 2. By the application the plaintiff‑petitioner seeks to encash the aforesai..

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)

....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......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. ......ned 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. ..

Category: Property Law | Date: 7 Sep, 1993 | Hits: 2

Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)

....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......r 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   ......e 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   ......nchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. State, 27 DLR 155; Nazir Ahmed & ors. Vs. State, 1985 BCR 279; Ismail Munshi Vs. State, 33 DLR 5; AKM Reza and others Vs. State, 9 DLR 594 Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Bhagaban Chandra Chakma Vs. State , 1987 BLD ..

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     ......he 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     ......t, 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     ......warding the punishment, the dismissal of the petitioner from service is unlawful……………………..(8-10) Cases Referred to- Md. Torah Ali Vs. Bangladesh Textile Mills Corporation and another, 1989 BLD 383 (relevant page 386); Adamjee Jute Mil..

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     ...... 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     ......s 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     ......essel "MV Queen of Heart" and carries on business of shipping in carrying of cargo through river routes and sea ports on rental basis. Defendant 1, MV Tony Best, a sea going vessel, came to Bangladesh with 15000 M/Tons of cement at Chittagong and thereafter she sailed for Mongla Port. She ..

Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....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 ......ed 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. ......urisdiction 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. ......risdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Respondents Judgme..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11