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Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)

....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......tent finding him on bail, suspension of the Chairman cannot be allowed to operate any further. Because of the fact that the basis on which the action of the Government is founded no longer exists the order of suspension cannot be allowed to operate………..(18) Lawyers Involved: Abdul Wa...... Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Resp...... Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......or the Opposite Parties. Civil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said ......rred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Parties. Civil Revision No. 25......me Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgme..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ......e as to why the detenu Md. Asadur Rahman @ Nabi Hossain, now detained in the Dhaka Central Jail should not be brought before this Court to be dealt in accordance with law and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner Mrs. Samirun......on with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ......sdiction) Present: Muhammad Ansar Ali J M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangla­desh and Others……………&..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)

....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ...... Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ......) Ordinance, 1983 read with Special Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for seven (7) years and to pay a fine of Tk. 5000/= each in default to suffer R.I. for one year more. 2. Prosecution case, as made out by the informant P.W.1 Jasimuddin, father of th..

Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1

Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)

....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......oner. Md. Majibar Rahman, Advocate‑For the Opposite Party. Criminal Revision No. 822 of 1993. Judgment Kazi Ebadul Hoque J. - This Rule by the second party petitioner is against order dated 5.5.93 passed by the Additional Sessions Judge, Comilla in Criminal Motion No. 400 of 19......vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ...... Kazi Ebadul Hoque J Md. Nurul Islam J Farhad Hossain…………………………………………Petitioner Vs. Mainuddin Hossain Chowdhury………………Opposi..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ...... Opposite Party Nos. 1 & 2. Civil Revision No. 3305 of 1992. Judgment Mahmudul Amin Choudhury J.— This Rule was issued calling upon opposite parties 1-4 to show-cause why the order dated 23.11.92 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 ......orted in: 46 DLR (HCD) (1994) 199         ......n  (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Mahfuzur Rahman J Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner Vs. Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties ..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

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

.... 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         ......of a cinema hall was issued by the Deputy Commissioner under the Cinematograph Rules and it was within the knowledge of the plaintiffs, they were required to file the suit within one year of the said order. Filing of the present suit after about two years of the passing of the impugned order is hit ...... Rule is discharged. Suit Filed By a Representative Under Order 1 Rule 8 of the Code of Civil Procedure a representative suit can be filed with the permission of the Court. The Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all conc...... Court High Court Division  (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Karim J Shaikh Tabibur Rahman and others..................Petitioner Vs. Shaikh Nazrul Islam and others...................Opposite Parties Judgment ..

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

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

....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. ......d as NG R Case No.10 of 1992. 4. The learned Magistrate examined the victim Moyna Khatun under section 164 of the Code of Criminal Procedure and recorded her statements on 15.5.92 and on 20.5.92 ordered further medical test of the victim at Rangpur Medical Collage where the medical test was don......rtified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ...... High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Golam Moula Master and others………………Petitioners Vs. State………………………&he..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)

.... 8. Mr. M. Nurullah, learned Advocate appearing on behalf of the respondent No. 4, Dhaka City Corporation, submitted before us from the record of the Corporation that the Corporation has already published notices in the daily newspapers from 14.1.94 to 16.1.94 urging all concerned to remove una...... Commission, although this Court feels that it is desirable to mitigate the environmental pollution as 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   ......er, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235   ...... Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Bangladesh Environmental Lawyers' Association……………Petitioner Vs. Election Commission & others………………&..

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

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

....from No.253 Parliament Constituency (Comilla‑6), securing 31, 179 votes i.e. 548 votes more than his rival candidate Md. Ali Ashraf, respondent No. 2 who secured 30, 631 votes and his name was duly published in the official gazette on 6.3.91 and the petitioner was administered oath of office as me......obir Neogi, Advocates—For Respondent No. 2. Writ Petition No. 995 of 1993. Judgment Kazi Ebadul Hoque J. — In this Rule, respondents have been called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Cas......e Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ......Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Redwan Ahmed.................................Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgme..

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. ......tion and, as such, the application under section 20 of the Arbitration Act was maintainable. The other point taken by the petitioner in the Civil Revision was that the Division Bench having passed an order on 5.1.92 staying appoint­ment of arbitrators in Arbitration Miscellaneous Case No.78 of 1......sers MP Ali Mia & Sons Vs. Messers Green and While Ltd. 15 DLR 708; Chhogmal Rawatmal Vs. Sankalch and G. Shah and others, 53 CWN 828; KM Shafl Ltd. Vs. Government of Bangladesh, 1982 BLD 111; Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 43 DLR 1. Lawyers Involved: ......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   ......1 of 1990. Judgment  Habibur Rahman Khan J. – This Rule Nisi was issued by this Court calling upon the respondents to showcause as to why they shall not be directed to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Ma......servation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ......urt High 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 ..

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)

....judgment 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     ......yment. 13. On careful consideration of the records we find nothing to interfere with the judgment and decree passed by the trial Court. 14. In the result the appeal is dismissed without any order as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send d...... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 254     ...... 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 defendant Nos. 2‑4 with interest..

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)

..... Writ Petition No. 1489 of 1988. Judgment Kazi Ebadul Hoque J.- In this Rule the respondents have been called upon to show cause why the notification No.SRO 365‑L/86 dated 23.9.1986 published in the Bangladesh Gazette, Additional Issue (Annexure "A") to the petition so fa......ition without availing of an alternative remedy: "But we think that an application under Article 102 of the Constitution lies, even where an alternative remedy is available, if the impugned order is ex facie void for want of jurisdiction or is violative of any provision of the Constitution...... 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. ......ginal Jurisdiction) 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&hell..

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

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

....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.   ......ash; This appeal under section 10 of the Criminal Law (Amendment) Act, 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......ords 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.   ......Union Parishad under Nagarkanda Upazila within the district of Faridpur was the Chairman of the Project Committee for reconstruction of the road from Nagarkanda Chandhat to Kodalia up to the house of one Kabir Miah of village Kodalia. The project was under the 'Nibir Palli Purta Works Programme&..

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 ......ed MA No. 48 of 1970 in the court of the District Judge, Chittagong against judgment and decree passed in Money Suit No. 170 of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with these four appeals by order dated 23.8.1989. But since the said......rder as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ......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 Money Suit No. 170 of 1966. FA No. 30 of 197..

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)

....Rajdhani Unnayan Kartripakhya (RAJUK), formerly Dhaka Improvement Trust (DIT), inviting applications for the allotment of Plots in 'Nikunja Residential Area' Project of the respondent No.1 as published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Sh......gedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withdraw the same and or pass such other order or orders as to this Court may seem fit and proper. While issuing the Rules operation of the n...... passed earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 205       ......vision (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&hell..

Category: Constitutional Law, Property Law | Date: 22 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 ......of 1989. Judgment Habibur Rahman Khan J. — At the instance of the petitioner Mohammad Ayub Ali a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' shall not b...... 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 ......urt High 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, ..

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)

.... in the district acquisition proceeding has been started vide RC No. 9/5‑85 and notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982) was duly published on 28.5.1986 at the convenient places including the land in question calling upon objectio......No. 1 of 1989 (Comilla) Writ Petition No. 396 of 1986 (Dhaka) Judgment Mohammad Fazlul Karim J.—This Rule Nisi was issued calling upon the Respondents to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be dec......cordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ......rt High 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…...

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   ......e was not paid regularly the monthly wages and as a result huge amount has been accumulated as arrear to his credit. It is further alleged that he was taken down from the Vessel by defendant No. 2 in order to sign off on payment of the dues but defendant No. 2 did neither pay nor signed off and as t...... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172   ......ur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the defendant 3 for 4,34,112.00 issued by Bank Indosuez, Dhaka. The petitioner states that he was employed as Master of the Vessel MV Stern by defendant 2, the owner of the V..

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