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....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......strict Judge had discussed in his judgment in details. The learned District Judge has considered this matter even to that effect that in the year 1971, that is, during liberation period even a man in order to save his life embraced Islam that will not be a legal embracement. But after the dang......(1994) 90.
......
Both the appeals are dismissed.
Lawyers Involved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal ..
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 ......que, Advocate‑For the State. Criminal Appeal No. 1640 of 1992. Judgment Muhammad Ansar Ail J.-This appeal at the instance of appellant Ashok Kumar Saha arises out of the judgment and order of conviction and sentence dated 21.9.1992 passed by the learned Additional Sessions Judge, Co......n any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......t and explained to them when they pleaded not guilty to the same and claimed to be tried. 3. The prosecution examined in all only 3 P.Ws. including the informant P.W. 1 but the defence examined none. However from the trend of cross‑examination of the P.W.s, the defence case as transpired was ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....r bought Chittagong Kha‑3130 Car in the name of another. The petitioner denied the charges drawn against him stating that those were malicious and false. It was further stated that Bangladesh Biman published an advertisement in the Bangladesh Times on 18.5.89 inviting tender for selling by auction......3. Result: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing O...... to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......ision (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 ..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 ...... Vessel MV Tony Best and also for lighterage of the cement but failed. Under such circumstances defendant 4 contacted the plaintiff for placement of its vessel MV Queen of Heart for the lighterage in order to salvage the defendant 1 vessel and the plaintiff having had come to know the distress condi...... also Reported in: 46 DLR (HCD) (1994) 226 ......han 1500 M/Tons. freight for 1500 M/Tons will be payable to owners. If the quantity exceeds 1500 M/Tons then full freight for 2000 M/Tons will become payable to owners. (e) Freight at Taka 1150 (one thousand one hundred fifty) only per M/Tons net to owner. (f) All stevedoring (loading &..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....inistry of Works to surrender possession of the case holding or to show cause against such surrender within 7 days from the service thereof treating the same as an abandoned property. Respondent No.1 published the case holding in 'Ka' list in the official Gazette (Extraordinary) dated 23rd S......Rule Nisi was issued on an application under Article 102 of the Constitution of the Peoples' Republic of Bangladesh calling upon the respondents to show cause as to why the judgment and order dated 15.4.89 (Annexure 1 to the petition) passed by the Court of Settlement, Bangladesh Aband...... 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. ......ivision (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
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 ......te Party. Civil Revision No. 639 of 1993. Judgment Mahfuzur Rahman J.—This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff arises out of an order passed by District Judge, Feni on 4.2.93 in Miscellaneous Appeal No. 17 of 1992 vacating the o...... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......rt High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mahfuzur Rahman J Wahida Khatun Bibi.....................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judg..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....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.
......bsp;34 of the Arbitration Act, to refer the dispute to an arbitrator in view of an Arbitration Clause in the Articles of Association of the company. The learned Subordinate Judge by his impugned order No.19 dated 29.8.89 against which the defendant has preferred the miscellaneous appeal No.166 ......n: 46 DLR (HCD) (1994) 44.
......iscellaneous Appeal No.166 of 1989 with Civil Revision No 2173 of 1993
Judgment
Abu Sayeed Ahammed J. - In this case the respondent Himalaya Ice & Cold Storage Company Ltd. has brought Money Suit No. 15 of 1988 in the Court of the Subordinate Judge 1st Court Khulna against the appellan..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......ur Rahman Khan J.-On an application under section 439 read with section 435 of the Code of Criminal Procedure a Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 19.6.93 passed by the Additional Sessions Judge, Ist Court Dhaka, in Sessions Case No. 3......ccused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......nal Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Hemayetuddin alias Aurango……………………Petitioner Vs. State………………………&hel..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....or navigational purposes and for provision of aids to navigation, including marks, buoys, lights and atmosphere signals; (ii) To disseminate navigational and meteorological information including publishing river charts; (iii) To maintain pilotage and hydrographic survey services; (iv)...... Civil Revision No. 110 (fm) of 1992. Judgment Muhammad Ansar Ali J. — The First Miscellaneous Appeal at the instance of the plaintiff Bengal Water Ways Ltd. is directed against an order dated the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upo......r Vs. Inland Water Transport Authority & others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to-......igh Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others…………&hel..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......t. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......il Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Kazi Ebadul Hoque J A Quyyum and another……………………....Petitioners Vs. Uttara Bank Limited and Others……….....Respondents Judg..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
..... Only thing her father has done is to submit the school certificate to the trial Court to establish her age which she claims to be incorrect. The alleged victim girl further claims that her name was published in the final voters list on 15.2.90 in which her age is shown as 18 years and she has cast......bered Criminal Misc. Case No.501 of 1992. 7. The learned Sessions Judge, Netrokona heard the Criminal Misc. Case No. 477 of 1992 and Misc. Case No.501 of 1992 analogously and by his judgment and order dated 20.9.92 disposed of both the cases with the observation that, "either the victim pe...... 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. ......diction) Present: AKM Sadeque J KM Hasan J Nurunnahar Khatun …………………………………….Petitioner Vs. State………………………&hel..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
...... the voucher file containing several vouchers. Ext. 15 is the salary sheet files of the staffs. Ext. 17 are the copies of the-applications relating to joint venture company. Ext. 18 is the Government order. Ext. 19 is the certificate of incorporation and memorandum. Ext. 20 is the miscellaneous file......
(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
Judgment
......
A share-holder to a company is not a contracting party. Therefore, a share-holder in a company cannot sue the company for wrong or damage or for any loss suffered by the company. If any wrong is done or damage is caused to a company, the company is the only person who can claim for damage agains..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....ent cause for such detention.
11. Under this section the Government is empowered to make provision for detention or arrest of a foreigner by an order and in exercise of that power the Government published an order as Foreigners Order, 1951 but in that Order nothing has been mentioned about the ......g that he is a citizen of Bangladesh by birth and that the said notice was not binding on him. On the same day at about 11-30 PM the detenu-petitioner was taken to Dhaka Central Jail and the impugned order of detention was served on the detenu-petitioner, a copy of which has been filed as Annexure N......rty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......urt Division
(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 Se..
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 ......dgment Muhammad Ansar Ali J.-This appeal at the instance of appellants, (1) Md. Abul Khayer, (2) Md. Idris Ali, (3) Md. Abdul Karim alias Karim and (4) Abdur Rahim arises out of the judgment and order of conviction and sentence dated 11.8.91 passed by The learned Sessions Judge, Naogaon in Sess......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 ......to the house of the informant in search of his brother victim Abut Kalam and having not seen him there in his house, they went to the house of the co‑villager Kea Mondol where the victim Kalam had gone for thrashing paddy and met him. On query by the informant the victim Kalam stated that accused ..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)
....ment, challenging the inclusion of a house property bearing holding No. R/29 within Block‑'D' of the Mohammadpur Housing Estate, Dhaka, in the 'Kha' list of the abandoned properties published in the Bangladesh Gazette (Extraordinary) dated23.9.86 3. Petitioner's case is as......ndent No.2 Writ Petition No. 90 of 1988. Judgment Mohammad Gholam Rabbani J.-By this application under Article 102 of the Constitution the petitioners call in question the judgment and order of the Court of Settlement dated 8.9.87 passed in Case No. 250 of 1987 dismissing the case. ......6 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......rt Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Amela Khatoon and others...............................................Petitioners Vs. Chairman, Court of Settlement and another........................Respondent..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......d. Abu Nayeem Mohammad Mominur Rahman, Advocate‑For the Opposite Party. Civil Revision No. 1967 of 1991. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against the order dated June 15, 1991 passed by the Additional Assistant Judge, 5th Court, Dhaka allowing an app......;………………………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al))......t High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Rajdhani Unnayan Kartipakkha (RAJUK)………………Petitioner Vs Mir Nousher Ali……………………&he..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ...... 1. Writ Petition No. 1889 of 1990. Judgment Mohammad Gholam Rabbani J.—By this application under Article 102 of the Constitution the petitioner challenges the correctness of the orders dismissing him twice from service. 2. Petitioner's case is that he is an officer und...... (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul L...... (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Development Board and others............Respondents Ju..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......re in respect or cases from which appeals are barred by law of limitation. These two Rules are particularly concerned with cases under the Special Powers Act. The period of appeal from a judgment and order under the Special Powers Act, 1974 is 30 days in accordance With section 30 of the Special Pow......riminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......; Mahfuzur Rahman J Mir Mohammad Ali………………………………………….Petitioner [In Criminal Revision 1155 of 1992] Md. Giasuddin…………&hel..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....ustice was not observed in the case as the petitioner was not given any opportunity of being heard before he was removed by the impugned resolution nor the said resolution was communicated to him nor published otherwise, which is violative of Article 51 of the Constitution of the Banglades......Abdul Jalil J.- This Rule, at the instance of Mr. Moudud Ahmed, an Advocate of this Court, was issued calling upon the respondents namely, the Bangladesh Bar Council and others, to show cause why the order dated 31.12.91 passed by the Bangladesh Bar Council in Appeal No.2 of 1991 dismissing the appe...... practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ...... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......fter 1.6.85 has been absolutely arbitrary being contrary to the principle of classification and, therefore, violative of the equality clause as enshrined in Article 27 of the Constitution.
4. In order to seek remedy against such unjust classification resulting in discrimination against the pens......onstitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......din Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Div..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
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