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

....ect from 1.10.1982. Thereafter on 10.1.1985 the petitioner received a letter from the office of the Chairman, Review Committee for Ansar and VDP intimating him that Review Committee was set up by the Government to review the cases of Ansars and VDP personnel who were retired/discharged/ removed/dism...... 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   ......tion) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, Presi­dent Secretariat and others...........Respondents Judgment      January 16, 1994.......igh Court Division  (Special Original Jurisdiction) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, Presi­dent Secretariat and others...........Respondents Judgm..

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)

.... 46 DLR (HCD) (1994) 254     ......(1994) 254     ......dul Amin Choudhury J Mahfuzur Rahman J Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board.............................Appellant Vs. Commerce Bank Ltd. and Others...............Respondents Judgment January 13, 1994. Result: The appe......on) Present: Mahmudul Amin Choudhury J Mahfuzur Rahman J Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board.............................Appellant Vs. Commerce Bank Ltd. and Others...............Respondents Judgment January 13, 1994..

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)

....lip;………………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 I...... 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………......ul Hoque J Alhaj Mohammad Rahim­uddin Bharsha…………………Petitioner Vs. Bangladesh represented by the Secretary to the Ministry of Works and another……………………………&......sdiction) 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…&hellip..

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

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

....id, Assistant Inspector, District Anti‑Corruption Bureau, Faridpur, He himself took up the investigation of the case, seized some alamats, examined witnesses under section 161 CrPC and wrote to the Government for proper sanction for prosecution for the accused being a public servant and waited for......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.   ......ip;……Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR 514; District Council, Kushlia Vs. Abdul Ghani, 22 DLR 217; Md. Rezzaqu......minal Appellate Jurisdiction) Present: Muhammad Ansar Ali J Saheb Ali Miah………………………………Appellant Vs. State…………………………&helli..

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 ......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......(1994) 23 ......hammad Ismailuddin Sarker J Kazi Ebadul Hoque J Trans Oceanic Steamship Co. Ltd. and another………………………Defendant-Appellants Vs. Adamjee Insurance Co. Ltd. and another………………&hell..

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)

....hem are possessing the lands by way of letting out to different tenants and others are possessing through bargaders. The petitioners also claimed that they have been paying rents for the lands to the Government by mutating their names. 4. Facts common in all the petitions, briefly, are as follo...... 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...... Md. Fazlul Karim J Sadeque Uddin Ahmed & others………………Petitioners Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……………………………&h...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Md. Fazlul Karim J Sadeque Uddin Ahmed & others………………Petitioners Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……..

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

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

.... 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.   ...... 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.   ......uddin Sarker J                        Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. N......p;           Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. Nazrul Islam and others……………………&hel..

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)

.... Division (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 Secretar...... (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......rim J Ayub Ali (Md.).......................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents Judgment November 10, 1993. Result: The R......igh Court Division (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..

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)

....jection against 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...... 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   ......riginal Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haji Abdur Rahim.....................................Petitioner Vs. Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents Judgment September ......gh Court Division (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haji Abdur Rahim.....................................Petitioner Vs. Secretary, Ministry of Land Administration and Land Reforms & others…...Responde..

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   ......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......eme Court High Court Division (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J Captain I Z A S A Chowdhury..................Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: ......(1994) 172   ..

Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3

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   ......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 ......pondent Judgment      September 2, 1993. Result: T he appeal is allowed. Cases Referred to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 BCR (AD) 370; Panchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. St......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Muhammad Ansar Ail J Ashok Kumar Saha………………Appellant Vs. State…………………………&helli..

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     ......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......: Habibur Rahman Khan J  Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is mad...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J  Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment Augus..

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     ......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 ...... Jurisdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes………………………Defendants Ju......vision (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes……………………&hel..

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

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

....al Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Responden......risdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Respondents Judgme......hellip;....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5...... (Special Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………......................

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

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

....c survey services; (iv) To carry out removal of wrecks and obstructions in inland navigable waterways; (v) To fix maximum fares and freight rates for inland water transport on behalf of the Government as provided in section54(A) of Inland Mechanically Propelled Vessels Act, 1917; ...... The plaintiff-appellant is a private limited company incorporated under the Companies Act, 1913 and has been carrying on the business of river transport services in this country. The defendant No.1 Bangladesh Inland Water Transport Authority (BIWTA) hereinafter called the Authority is a statutory ...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J......Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respon..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

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. ......ghter aged about 14 years was kidnapped from his bhiti (hut) by the accused Abdul Khaleque and others. Pursuant to that the Kendua PS Case No.1 (7) 92 was initiated under sections 448 and 366A of the Bangladesh Penal Code. 3. On the basis of the allegation the victim girl was arrested and produ......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he...... Present: AKM Sadeque J KM Hasan J Nurunnahar Khatun …………………………………….Petitioner Vs. State…………………………&helli..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Trang Ice and Cold Storage Company Limited Vs. Amin Fish Farm and Industries Ltd. and others, 1993,22 CLC (HCD)

.... suit in favour of the plaintiff-respondent No.1. 2. The respondent No.1 namely, Amin Fish Farmand Industries Limited being plaintiff instituted the aforesaid suit alleging, inter alia, that the Government of Bangladesh signed an agreement with the Government of the Kingdom of Thailand on 25.3.......r of the plaintiff-respondent No.1. 2. The respondent No.1 namely, Amin Fish Farmand Industries Limited being plaintiff instituted the aforesaid suit alleging, inter alia, that the Government of Bangladesh signed an agreement with the Government of the Kingdom of Thailand on 25.3.78 for setting......ed in: 46 DLR (HCD) (1994) 39   ......Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Haque J Md. Abdul Karim J Trang Ice and Cold Storage Company Limited............................Appellant Vs. Amin Fish Farm and Industries Ltd. and others...........................Respondent Jud..

Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

....ers.....................................Respondents Judgment July 14, 1993. Result: The Rule is made absolute. Cases Referred to- Mrs.Rowshan Bijaya Shaukat Ali Khan Vs. Government of East Pakistan, 17 DLR 1;Muhammad Hashim Vs. State, PhD 1956 (Karachi) 485;People's......Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Ruhul Amin J Professor Ghulam Azam……..........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka an......ofessor Ghulam Azam……..........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents Judgment July 14, 1993. Re......on (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Ruhul Amin J Professor Ghulam Azam……..........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat,..

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   ...... 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   ......(HCD) (1994) 212   ...... High Court Division (Criminal Appellate Jurisdiction) Present: Muhammad Ansar Ali J Syed JR Modassir Hossain J Abul Khayer and 3 others..................Appellants Vs. State....................................................Respondent Judgment July..

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)

.... can pray for exclusion of any building to him from the list of abandoned properties without praying for any other relief that the building is not an abandoned property and has not been vested in the Government or that his right or interest has not been affected by the provisions of the said Order a......the case. 2. This case was filed by the petitioners under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) against the respondent No. 2 Bangladesh, represented by Secretary, Ministry of Public Works and Urban Development, challenging th......orted in: 46 DLR (HCD) (1994) 18 ...... (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Amela Khatoon and others...............................................Petitioners Vs. Chairman, Court of Settle­ment and another........................Respondents Judg..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14