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

....e was rejected the aggrieved person ought to have filed an appeal under Rule 5 of the Cinematograph Rules. But the defendant No. 1 without availing of that opportunity of filing an appeal, he filed a fresh application before the Deputy Commissioner, for issuance of No‑objection Certificate under R......vourable report was submitted to the Deputy Commissioner and on the basis of that report, the Deputy Commissioner refused to grant no objection certificate. Further, the defendant No. 1 filed another application before the Deputy Commissioner. The matter was again inquired into and thereafter the De..

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

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   ....... 2.The petitioner Dr. Mohiuddin Farooque, Secretary General of the Bangladesh Environmental Lawyers Association, an Association registered under the Societies Registration Act, 1860, filed this application alleging, inier alia, that the candidates for the offices of Ward Commissioners and Mayo..

Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3

Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)

.... 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       ......nts of respondent No. 2 never complained or raised objection before the Presiding Officers nor before the Returning Officer and did not seek recounting of ballot papers of any centre except filing an application on 5.3.91 before the Chief Election Commissioner by the election agent of the respondent..

Category: Election Law | Date: 25 Jan, 1994 | Hits: 2

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....the 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. ......agreement and asked the BTTB to appoint an Arbitrator for settlement of the dispute, but the BTTB did not comply with this request for arbitration as a result of which the respondent company filed an application under section 20 . of the Arbitration Act being Miscellaneous Case No. 78 of 1990 before..

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   ......al Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The facts given out in the application, in brief, are as follows: The petitioner was appointed to the post of Assistant Ad..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

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. ......ner that the disputed property has been included in the list of abandoned properties published in the Bangladesh Gazette dated 23.9.86 (Annexure "A"); that thereupon the petitioner filed an application on 19.4.87 to the Secretary, Ministry of Works for excluding the disputed property from ..

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

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

....his bail from the Court of the learned Upazila Magistrate and on 10.7.1990 when the case record was received by the learned Special Judge he appeared before the Court and on his prayer he was granted fresh bail by the learned Special Judge. The learned Sessions judge‑in‑charge and Special Judge ......idpur for disposal, who accordingly received the case‑record on 21.8.90 and recorded the hazira of the accused who was already on bail and also one witness for the prosecution. The accused filed an application for adjournment which was allowed and 6.9.90 was fixed for evidence and accordingly, dir..

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 ......n were wet by rain water it cannot be said that the rust found by the surveyor was due to atmospheric condition. We, therefore, find no merit in this contention also. 16. In these appeals on the application of the appellant's cause title of the appeal was amended vide order dated 21.8.89 an..

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)

..../61‑62 cannot be utilised and leased out or allotted or otherwise disposed up by RAJUK under the provision of section 101 of the Act under the scheme 'Nikunja Residential Area' for which no fresh approval from the Government has been obtained by RAJUK. The petitioners being aggrieved by th...... this Court on different dates calling upon the respondents to show cause as to why the public notice issued by Rajdhani Unnayan Kartripakhya (RAJUK), formerly Dhaka Improvement Trust (DIT), inviting applications for the allotment of Plots in 'Nikunja Residential Area' Project of the respond..

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.   ......operty so as to find them to specifically enforce the same against them at the instance of the plaintiff-respondent. 9. In this case agreement Ext.1 was executed on 28.5.84, defendant No.1 filed application for appointing her as guardian of person and properties of minor defendant Nos.2-4 on 7...

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)

....aifur 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 ......resentation having remained unattended for quite a long time the petitioner was constrained to serve a notice dated 1.7.89 demanding justice through the learned Advocate and thereafter moved the writ application and obtained the instant Rule on 30.7.89 from this court. 6. It is stated in the pe..

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)

.... 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   ......ent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner as detailed in the application is, that he has got his homestead spreading over in the part of two CS Plot Nos. 3730 an..

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   ...... Captain I Z A S A Chowdhury..................Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: The application is rejected. Cases Referred to- Eva, (121) P 454. Lawyers Involved: ..

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)

.... under the will of Sudhir Chandra Das died during pendency of the probate case, the right to sue did not, survive and the proceeding in Probate Case No.10 of 1971 abated. The present petitioners made fresh applications for grant of Letters of Administration with a copy of the will annexed in their o....... After the death of Sudhir Chandra Das, his widow Trinayani had been enjoying and administering the entire property left by Sudhir Chandra Das. 3. On 22nd September, 1971 Trinayani presented an application for probate of the Will in the court of the District Delegate at Dhaka and this applicat..

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

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   ...... for search, seizure and arrest of the suspected place and person committing any offence under the said Act. Now, from section 42 of the said Act, it appears that there is some specific provision for application and no application of the Code of Criminal Procedure in the case of an offence under the..

Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2

Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

....sideration before awarding the punishment, the dismissal of the petitioner from service, which is a major penalty, is hereby set aside. The respondent is, however, allowed to initiate the proceeding afresh according to law against the petitioner from the stage of submission of the report by the enqu......ocates—For the Petitioner. MA Tariq with A H Khondaker, Advocate— ­For Respondent No. 2. Writ Petition No. 899 of 1992. Judgment Habibur Rahman Khan J.—On an application filed by Md. Mostafa Miah a Rule Nisi was issued calling upon the respondents to show ca..

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     ......ip;…Plaintiff Vs. MV Tony Best and orthes………………………Defendants Judgment August 25, 1993. Result: This application is rejected. Cases Referred to- Saleh Steel Industries Ltd. Vs. TSS Pacific Ab..

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. ......n with Abdul Mannan Bhuiyan, Assistant Attorney‑General‑For the Respondents. Writ Petition No. 580 of 1989. Judgment Mohammad Fazlul Karim J.-  This Rule Nisi was issued on an application under Article 102 of the Constitution of the Peoples' Republic of Banglade..

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     ......a' schedule and for recovery 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 restraini..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....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. ......tions that during his tenure of office as the Managing Director of the plaintiffs company, he misappropriated the money in question. 2. After entering appearance the defendant appellant filed an application under section 34 of the Arbitration Act, to refer the dispute to an arbitrator..

Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3