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GM (West), Bangladesh Railway & other Vs. hairman, Labour Court, Rajshahi & another, 1986, 15 CLC (HCD)

.... costs. The impugned order of the re­spondent No. 1 is declared to have been passed with­out any lawful authority and of no legal effect. Ed. This Case is also Reported in: 40 DLR (1988) 163. ...... costs. The impugned order of the re­spondent No. 1 is declared to have been passed with­out any lawful authority and of no legal effect. Ed. This Case is also Reported in: 40 DLR (1988) 163. ......al Manager (West) Bangladesh Railway & other.................Petitioners Vs. The Chairman, Labour Court, Rajshahi & another...............Respondent Judgment September 3, 1986. Lawyers Involved: Md. Aftab Hossain, Advocate - For the Petitioners. Not Represented - the Res..

Category: Labour and Industrial Law | Date: | Hits: 170

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......nal Jurisdiction) Present: Md. Abdur Rashid J Eser Ali Sheikh (Md.) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. ..

Category: Property Law | Date: | Hits: 91

Golam Rabbani Khandaker (Md.) and Others Vs. Hamida Bawa Shamsul Sheikh and others, 2001, 30 CLC (HCD)

.... has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356 where it has been held that the principle of constructive res judicata applies here on the defence now taken by the respondent corpo...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610.........Petitioners Vs. Hamida Bawa Shamsul Sheikh and others………Opposite Parties. Judgment May 30, 2001. Case Referred To- Sunahar Ali Vs. Mohammed Akuali, PLD 1957, Dhaka, 603. Lawyers Involved: Md. Muzaffar Hossain with Md. Azizul Islam, Advocates—For the Petitioners. ..

Category: Civil Law | Date: | Hits: 81

Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)

....held that when a SCC Suit is dismissed for default provision of Order 9 rule 9 of the Code of Civil Procedure is applicable. Having regard to the provision of section 17 of the SCC Act as well as the principle enunciated in the aforesaid decision I am of opinion that the learned trial Court (SCC Jud......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......…Petitioner Vs. Md. Abdul Halim and others …………Opposite Parties. Judgment May 20, 2001. Case Referred To- Roy Charan Das Vs. Santosh Kumar Das and others, 22 DLR 790. Lawyers Involved: Faridul Alam Chowdhury, Advocate—the Petitioner. Not represented— the Op..

Category: Civil Law | Date: | Hits: 86

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

....igation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the government violates the terms with a mala fide intention or acts a...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ...... Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman, Advocates—For the Petitioner. Syed..

Category: Others | Date: | Hits: 153

Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)

....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ...... Gour Gopal Saha J Sikder Maqbul Hoq J Sk Sohrab Ali………………Petitioner Vs. Gazi Abdur Rashid and others.................Opposite Parties. Judgment October 25, 2000. Lawyers Involved: Not represented— the Petitioner. Not represented — the Opposite Parties...

Category: Procedural Law | Date: | Hits: 82

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

....ars now. 8. The learned Counsel for the respondent No.1 counters this contention and submits that since the disqualification under consideration is a continuing disability occurring every day, the principle of estoppel and waiver has no application in the instant case. 9. We are inclined to ag...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......angeli Vs. Chhakki Lal AIR 1963 All 527; Chandgi Rain Thakar Dass Vs. Election Tribunal AIR 1965 Punj 433; Risal Singh Vs. Chandgi Ram (AIR 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au J..

Category: Constitutional Law | Date: | Hits: 202

Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)

....to be the consideration for transfer of land. In such circumstances, it was held that pre-emptee is not estopped from proving the acted value of the land transferred by the deed of Heba-bil-Ewaz. The principles decided in the peculiar facts and circumstances of that case have no manner of applicatio......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......ivil Revisional Jurisdiction) Present: Md. Abdur Rashid J Sazeda Khatun................Petitioner Vs. Asad Ali and others ………….Opposite Parties. Judgment July 2, 2001. Lawyers Involved: Md. Nurul Amin with Hamida Chowdhury, Advocates—For the Petitioner. Suraji..

Category: Property Law | Date: | Hits: 68

Abu Sayed Vs. State, 2001, 30 CLC (HCD)

.... confessions of a co-accused one cannot be convicted but in the next breath, he held the appellant guilty for the supposed silence of the appellant over the murder of his father. 13. Regarding the principles for use of a confession, the law is now well settled. Under section 30 confession of a co......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......King, 2 DLR 39; Lutfun Nahar Begum Vs. State 39 DLR (AD) 194; 37 DLR (AD) 139; State Vs. Mukhter Ali 10 DLR 155; Moqbool Hossain Vs. State, 12 DLR (SC) 217; Joygun Bibi Vs. State, 12 DLR (SC) 156. Lawyers Involved: Not represented—the Petitioners. Not represented—the Opposite Party J..

Category: Criminal Law | Date: | Hits: 41

Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)

....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......l Revisional Jurisdiction) Present: SK Sinha J Sultan Mia (Md.)....................Petitioner Vs. Hazi Md. Yusuf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with S..

Category: Property Law | Date: | Hits: 82

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......te and others ……………….Opposite Parties. Judgment July 17, 2001. Case Referred To- Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abd..

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Parliament Secretariate Vs. Khandker Delwar Hossain, 1999 BLD (AD) 276 = 4 BLC (AD) 27. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud and MK Rahman, Advocates — For the ..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540....... Md. Abdul Quddus J Modhumala………….Petitioner Vs. Director, Housing and Judgment Building Research Institute & others.……….Respondents. Judgment October 26, 2000. Lawyers Involved: Nizamul Hoque Nasim, Advocate— For the Petitioner Shahabuddin Ahmad, Deput..

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....sending the case on remand to the trial Court. Both oral and documentary evidence having been available on record there was no necessity for the remand as ordered by the High Court Division. i.e. the principle laid down in a case of remanding the appeal or revision, etc.” 10. Mr. KZ Zaman, the ......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BCR 270. Lawyers Involved: KS Nabi, Barrister-at-Law with Md. Abul Quashem, Md. Zakir Hossain, Advocates..

Category: Civil Law | Date: | Hits: 71

Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)

....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... Present: Md. Hamidul Haque J Munsurul Haque Choudhury J Ibrahim (Md.) ……………..Petitioner Vs. State ……………….Opposite Party. Judgment November 2, 2000. Lawyers Involved: Anisul Haque, Advocate — For the Petitioner Fazlul Haque Choudhury, Assist..

Category: Criminal Law | Date: | Hits: 39

Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)

.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......AIR 1922 (Lahore) 138; Mehrdin Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deput..

Category: Criminal Law | Date: | Hits: 40

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....earned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is attracted in awarding a decree in favour of petitioner. 3. Fo......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......Natural Gas Commission AIR 1987 1 Cal:90 CWN 449 and Robertson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. M..

Category: Property Law | Date: | Hits: 83

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

....nation of the contractual rights and obligation of the parties. But even in such cases, the law enjoins the Government to act fairly and reasonably and certainly not arbitrarily or capriciously. This principle of law is now settled and engrossed in our legal system. Reliance in this regard can be pl......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 519....... of Commerce and others …………….Respondents. Judgment April 29, 2001. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56. Lawyers Involved: AFM Hasan Arif with AQM Shafiullah, Advocates— For the petitioners. Obaidu..

Category: Others | Date: | Hits: 96

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......upiter Glass Industries Ltd. and others Vs. Titas Gas Transmission and Distribution Company Limited and another, 35 DLR 293; Nandan Pictures Ltd. Vs. Art Pictures Ltd. and others AIR 1956 Cal 428. Lawyers Involved: Fakir Shahabuddin, Abdur Rab 1 and Abdul Halim, Advocates — For the Appellant..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

.... enlarging the meaning of the word, by also clothing it with the connotation given to it in the interpretation clause in addition to the sense which it conveys in common parlance. This is an accepted principle of interpretation and needs no authority to support it and if one be needed the discussion......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......…….Respondent. Judgment June 27, 2000. Cases Referred To- BSCIC Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; AZ Rafique Ahmed Vs. BCSIR, 32 DLR (AD) 83; AIR 1963 (SC) 1891. Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General with Md. Abdur Rahim Bhuiyan, Assista..

Category: Fiscal/Taxation Law | Date: | Hits: 86