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GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)

....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......een heard together and shall be disposed of by this judgment. 4. The vessel MV Mauro D'Alesio and the vessel MV Hawai Splendour collided with each other on 8-12-95 within the territorial waters of Bangladesh. 5. The owner of the vessel Mauro D’Alesio as plaintiff filed Admiralty Suit No......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ......122...

Category: Admiralty Law or Maritime Law | Date: | Hits: 353

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ...... Present: Mahmudul Amin Choudhury J M Bazlur Rahman Talukder J M R Sikder………………………………………………………………………………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgm......ner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-G......iction) Present: Mahmudul Amin Choudhury J M Bazlur Rahman Talukder J M R Sikder………………………………………………………………………………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)

....Present: Kazi Ebadul Haque J Amirul Kabir Chowdhury J Mohsin Hossain (Md.)……………………………………………………………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Af......ul Kabir Chowdhury J Mohsin Hossain (Md.)……………………………………………………………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and......�……………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and ors…………….Respondents Judgment July 22, 1996. Result: The Rule is made abso......on) Present: Kazi Ebadul Haque J Amirul Kabir Chowdhury J Mohsin Hossain (Md.)……………………………………………………………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of ..

Category: Criminal Law | Date: | Hits: 60

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....�…………………………………………………………………………………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others…………………………….Respond......ction) Present: KM Hasan J Md. Fazlul Haque J Jobon Nahar and others……………………………………………………………………………………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of th......Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Jobon Nahar and others……………………………………………………………………………………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Governmen..

Category: Limitation Law | Date: | Hits: 175

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......……………………………………………………………………………….Petitioner Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others…………..…………………Respondents Judg......J Amirul Kabir Chowdhury J Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o......n) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangl..

Category: Civil Law | Date: | Hits: 85

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....ction 127), or punishable under section 108A or section 153A, or section 294A. (or section 295A) or section 505 of the same Code, unless upon complaint made by order of, or under authority from, the (Government, or some officers empowered in this behalf by the Government)". With reference to this......r either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner as alleged duly empowered an Advocate of the High Court Division of the Supreme Court of Bangladesh to go to Gopalgonj and appear on his behalf on 5-9-93 but before he could reach the Court......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994....... State and another……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and o..

Category: Criminal Law | Date: | Hits: 70

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ...... created 9(nine) forged documents in collusion with the petitioner No.2 in order to cheat the general public. Thereafter with the help and aid of the petitioner No.3, Senior Transport Superintendent, Bangladesh Television got those attested by officers of Bangladesh Television. 3. The Bureau of A......upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/47...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Mozammel Haque J Mahfuzur Rahman J Golam (Md.) Abdul Awal Sarker And Others……………..Petitioners Vs. State……………………………………………………………………………O..

Category: Criminal Law | Date: | Hits: 105

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....s of the candidates objection was raised on the validity of the candidature of Opposite Party No.2 Mr. Faizur Rahman on the ground that he incurred disqualification under section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 and was a defaulter in payment of the loan taken from S......jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate payment of loan against whom no suit was pending for......h Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Sharifuddin (Md.)………………………………………….Petitioner Vs. Md. Mofizuddin Sarker and others………………Opposite Parties Judgment August 8, 1994. Result: The Rule i......97) 86. ..

Category: Election Law | Date: | Hits: 148

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....e Munim J Badrul Haider Chowdhury J Krishna Gopal Bhowmik on behalf of detenu Nim Chandra Bhowmik @ Nirmal Chandra Bhowmik……………Appellant Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others…………….Respondents Judgment July 27, 1978. Res......adrul Haider Chowdhury J Krishna Gopal Bhowmik on behalf of detenu Nim Chandra Bhowmik @ Nirmal Chandra Bhowmik……………Appellant Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others…………….Respondents Judgment July 27, 1978. Result: The ap......1979) 145. ...... Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Krishna Gopal Bhowmik on behalf of detenu Nim Chandra Bhowmik @ Nirmal Chandra Bhowmik……………Appellant Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others…………….Respo..

Category: Criminal Law | Date: | Hits: 103

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....2. The Supreme Court of India in considering the case of a contract containing in arbitration clause which said: "any difference or dispute between the parties over the valuation as arrived at by the Government and that arrived at by the Company, such difference or dispute, including the claim for a......Respondent 1 Crete Construction Company Ltd., instituted Money Suit No.142 of 1976 in the 3rd Court of Sub-ordinate Judge, Chittagong against the Appellants and Respondent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employe...... is also Reported in: 31 DLR (AD) (1979) 138. ......79) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....ate & another................Respondents Judgment February 7, 1989. Result: The application is allowed. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Iftekhar Ahmed Vs. Government of Bangladesh, BLD (1988) 157= 40 DLR 18; Government of East Pakistan Vs. Roushan Bijaya ......her................Respondents Judgment February 7, 1989. Result: The application is allowed. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Iftekhar Ahmed Vs. Government of Bangladesh, BLD (1988) 157= 40 DLR 18; Government of East Pakistan Vs. Roushan Bijaya Shaukat Ali Kh......Khan, 18 DLR (SC) 1966 page 214; 27 DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. Secretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner......ahman Khan J Sirin Begum, wife of detenu Md. Ofazuddin Dewan, son of Late Samiruddin Dewan of Goshala Bazar (Tumal quarter), Police Station & District Lalmonirhat..............Petitioners Vs. District Magistrate & another................Respondents Judgment February 7, 1989...

Category: Criminal Law | Date: | Hits: 66

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

.... suit brought title Suit No.70/69 against the Province of East Bengal and others and that he as a lessee of the cattle market all along used the water of the said ditch for washing the cattle and the Government could not lease out the same to anyone. 6. An area of 3 poas 5 jasthis land contiguous......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ...... March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, A......1989) 228. ..

Category: Property Law | Date: | Hits: 58

Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)

....members only. The petitioner himself has also admitted in Para 2 of the petition that the election at Mohanpur Primary School polling station was held on 10.2.88 peacefully. 7. Under the Local Government (Union Parishads) Ordinances, 1983, the election for the office of the Chairman and the m......ommission & others............................Opposite Parties Judgment December 15, 1988. Result: The Rule is discharged. Case Referred to- Master Shamsul Hoq Vs. Republic of Bangladesh, Writ Petition No.637 of 1988. Lawyers Involved: Abu Taher Chowdhury with Tofazzal ......Hossain, Advocate - For the Respondent No.3. Writ Petition No. 29(c) of 1988. Judgment Mohammad Abdur Rouf, J.- The petitioner, one of the three contestants (other two are Respondent Nos.3 and 4) in the Union Parishads election to the office of Chairman, obtained this Rule Nisi on 12.7.88......gh Court Division (Comilla Bench) (Special Original Jurisdiction) Present: Mohammad Abdur Rouf J Syed Fazle Ahmed J Md. Abdu Mia.......................................Petitioner Vs. The Election Commission & others............................Opposite Parties Judgment ..

Category: Election Law | Date: | Hits: 161

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Jn. Md. Saleh Ahmed Khan....................Petitioner Vs. Government of Bangladesh represented by the Additional Secretary-in-Charge Rural Development &......Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Jn. Md. Saleh Ahmed Khan....................Petitioner Vs. Government of Bangladesh represented by the Additional Secretary-in-Charge Rural Development & Co-operative ......of the People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 31 DLR (AD) 152; Saiyyid Abul A'la Maudoodi Vs. the Government of West Pakistan, 17 DLR (SC) 209; Saleh Uddin Khan Vs. Bangladesh and others, 34 DLR 120; Bangladesh Vs. Md. Afzal and others, 40 DLR (A.D) 154. Lawyers Involved: ...... Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Jn. Md. Saleh Ahmed Khan....................Petitioner Vs. Government of Bangladesh represented by the Additional Secretary-in-Charge Rural Developmen..

Category: Civil Law | Date: | Hits: 87

Sekendar Miah, Director, BISIC, Dhaka & others Vs. Chairman, 1st Labour Court, Dhaka & another, 1989, 18 CLC (HCD)

....pugned order is, therefore, without jurisdiction. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 203. ......l Islam, Advocate - For the Respondents. Writ Petition No. 363 of 1987. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause why the judgment and order dated 11.3.87 passe......87. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause why the judgment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Cr...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Sekendar Miah, Director, BISIC, Dhaka & others.......................Petitioners Vs. Chairman, 1st Labour Court, Dhaka & another.....................Respondents Judgment ..

Category: Labour and Industrial Law | Date: | Hits: 192

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......y, 604; Bhaisankar Nanabhat Vs. The Municipal Corporation of Bombay and Others, PLD 1949 Lahore 301; Mian Sultan Ali Manghiana Vs. Mian Nur Hussain, 39 DLR 451; Syed Shah Mohammad Osman Ghani Vs. Bangladesh, Secy. M/O. Public Works & Urban & others, AIR 1937 Allahabad 365; Nawal Kishore ......43); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury, BCR 1988 HCD 61; 27 DLR (AD) 138; Jalaluddin Ahmed Vs. Matiur Rahman and others, AIR 1937 Allahabad, 365; ILR 1931 Bombay, 604; PLD 1949 Lahore 301; 39 DLR 451; 28 DLR......D) (1989) 197. ..

Category: Election Law | Date: | Hits: 207

Begum Lutfunnessa Vs. The Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

.... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Begum Lutfunnessa.........................Petitioner Vs. The Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka & others..........neral, Advocate - For the Respondents. Writ Petition No. 316 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned notification dated 28.4.......4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner staled that she purchased the land measuring .70 ......me Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Begum Lutfunnessa.........................Petitioner Vs. The Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka &..

Category: Property Law | Date: | Hits: 171

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......assed by the Chief Metropolitan Magistrate, Dhaka in Case No. 454/A-1 of 1980 by which order the Metropolitan Magistrate rejected the application of the petitioner under sections 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masih...... Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa V....... ..

Category: Criminal Law | Date: | Hits: 77

Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)

.... This Case is also Reported in: VIII ADC (2011) 1008. ......is also Reported in: VIII ADC (2011) 1008. ......esent: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, DhaKa and others ...........................Petitioners Vs. Mini Begum and others………………......ain J Surendra Kumar Sinha J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, DhaKa and others ...........................Petitioners Vs. Mini Begum and others………………………………………Respondents Order N..

Category: Employment/Service Law | Date: | Hits: 133

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

...., submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifically enforced but it is a question of an arbitrary exercise of power by the Government authority in exercise of the sovereign power of the State in the Ministry of Commerce and......e Court High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors……………......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent......e Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondents Judgment March 20, 1991. Cas..

Category: Civil Law | Date: | Hits: 72

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