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Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....r the State. Writ Petition No. 1806 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 (2)(b)(i) of the Constitution of the People's Republic of Bangladesh and is directed against an order of detention issued by the Assistant Secreta......nts Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154; Sk. Shahidul Huq Vs. Government of East Pakistan, 20 DLR 1005; Jaya Mala Vs. Home Secretary of J & K, AIR 1982 SC at page 1297; Alijan M..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....pondent No. 6.
Writ Petition No. 118 of 1991.
Judgment
Anwarul Hoque Choudhury J.—This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against an allotment letter bearing Memo No. 5817 dated 30.8.......o assert that expectation to be honoured.
13. In the case of Mian Fazal Din Vs. Lahore Improvement Trust, Hamidur Rahman, J in delivering the judgment for their Lordships of the Supreme Court of Pakistan reported in 21 DLR (SC) 225 on a similar matter of re‑allotment of plots within Gulberg r..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
....rs being non‑government employees in the Registration Department have no alternative and efficacious remedy except by way of an application under Article 102 of the Constitution of the People's Republic of Bangladesh.
9. The respondent Nos.1‑3 opposed this writ application by filing an ......e B to the petition is the date of appointment of Tax Collecting Muharrar.
3. The petitioners have given a background of their appointment of Tax Collecting Muharrar. The then Government of East Pakistan by an order dated 23.7.66 under the signature of Inspector General of Registration sanction..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
.... Factories Board Ordinance, 1961 (Since repealed) are not civilian employees in any of the defence services but pure and simple Government Servants (i.e. persons holding civil posts in service of the Republic) serving under the said Board Under the said ordinance of 1961 and that the Ordnance Factor......f us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by this judgment. 3. A Pakistan Ordinance Factories Board was constituted under the Pakistan Ordnance Factories Board Ordin..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....or the Petitioner. Writ Petition No. 1847 of 1992. Judgment Anwarul Haque Choudhury J.— This is an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh and is directed against a Memo No. SA/3‑C/1384 dated 27.4.92 issued by the ......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......; Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. N..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......r is found from the order of the Tribunal. Therefore, we are unable to accept the contention of Mr. Bhuiyan that we should give a qualified answer as indicated in the decision of the Supreme Court of Pakistan. Mr. Bhuiyan also contends that there is no finding of the Tribunal that there was no such ..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
....ronoy Bhusan Bardhan and others, 30 DLR (SC) 139; 40 DLR (SC) 22; Ananda Mohan Kundu and others Vs. Province of East Pakistan 20 DLR 976, 980; Sultanuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252.
Lawyers Involved:
Azizur Rahman Choudhury with Md. Abdul ................................Respondents
Judgment
April 22, 1992
Result:
The Rule is made absolute.
Cases Referred to-
Shah Ghulam Nabi and others Vs. Vice‑Chairman, East Pakistan Enemy Property Management Board Dhaka and others, 22 DLR 48; Benoy Bhusan Bardhan being dea..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....al Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Syed Rahmatur Rub Irtiza Ahsan.............................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others..........Respondents
Judgment
......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....howing the locus standi of the petitioner to file this Writ Petition, refers to Article 11 of Part 11 (Fundamental Principles of State Policy) of the Constitution which provides, inter alia, that the Republic shall be a democracy in which (effective participation by the people through their elected ......wkesford (6 CBNS 336); Neville Vs. London Express Newspaper (1919 AC 368); Farid Mia Vs. Anijad Ali alias Nazu Mia and Ors, 42 DLR (AD) 13; Farid Mia, 42 DLR (AD) 13; Farzana Ali Vs. Province of West Pakistan PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque 40 DLR (AD) 10. Lawyers Involved..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Naimuddin Ahmed J
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and o......
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....ts sovereign function because the wealth is vested in it. The Government merely settles it for a term under certain condition and the authority in doing so performs the function of the affairs of the Republic. When such authority oversteps or commits breach of rule or even in breach of principle of ......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....id Ahmed, Advocates‑ For the Respondents.
Writ Petition No. 195 of 1987.
Judgment
Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order d......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....stata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by its Secretary, Ministry of Information and four others .......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....istols or revolvers as are specified below or parts thereof (and ammunition which can be fired from any of these weapons) and/or any weapons not lawfully imported into or lawfully manufactured in the Republic of Bangladesh: ‑ Musket‑ 0.410 inch bore Rifles‑ 0.303 inch bore 0.30......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....e Coal Controller for breach of any of the terms and conditions of the contract and for their default in making the supplies in whole or in part and the decision of the Government of the People's Republic of Bangladesh in this respect shall be final and therefore once the Coal Controller has act...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....ny person when the detenu is in custody. But under Article 102(2)(a)(ii) this Court may declare any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority to have been done or taken without lawful authority and is of no le......Silk Mills Ltd. He took a foreign currency loan of DM 12,84,425,26 equivalent, to Taka 15,28,466.00 and a local currency loan of Taka 3,50,000.00 sanctioned by the then Industrial Development Bank of Pakistan by letter dated 5.7.67 on certain terms and conditions. Subsequently an additional loan of ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....on (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another.......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....reduction in rank. 22. The case reported in 31 DLR (AD) 121 relied on by the appellate Court as well as by High Court Division, come up for consideration in Saleh Ahmed Joardar Vs. People's Republic of Bangladesh 36 DLR (AD) 26. After finding that the case of Saleh Ahmed and that of Ismail......d Sheikh Vs. Mushaffe Ahmed & another 17 DLR (SC) 63; Chairman, Railway Board Vs. Abdul Majid 18 DLR (SC) 532; State of Bombay Vs. FA Abraham AIR 1962 (SC) 794; PLD 1959 (SC) 82; Province of West Pakistan Vs. Bashir Ahmed PLD 1959 (SC) 93; Pakistan & mother Vs. Quazi Syed Hikmat Hussain PLD ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alia......are based on misreading of evidence or the conclusion drawn from the evidence is perverse resulting in miscarriage of justice, the court of appeal will certainly interfere. This view was taken by the Pakistan Supreme Court in the case of Golam Mohammad vs. Sharif, 21 DLR (SC) 206. 10. In the i..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
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