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AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)

....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......;D' and that the defendants have accepted the joint allotment. But the fact remains that admittedly defendant No. 7 Dr. ABM Naquiyullah did not sign the solenama and that admittedly he was not in Bangladesh. Therefore, the question of acceptance by defendant No.7 does not arise. It appears from ......Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Resu......howdhury J Md. Sirajul Islam J AFM Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Responde..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1

Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....Bangladesh Service Rules) and he has been regularly working in the said post on daily wage basis upto 4.2.81 when he was appointed as Tax Collecting Muharrar of Tejgaon Sub‑Registry Office, a non‑Government post under Registration Department. Annexure A to the petition is the appointment letter ......ip;………………………………………….Petitioners Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other…………………......so Reported in: 46 DLR (HCD) (1994) 46. ......urul Islam and another…………………………………………………….Petitioners Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other&hell..

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)

....ahman J Serajul Islam Thakur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangla­desh and another...........Respondent [In both the writ petitions] Jud...... whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expression "person in the Defence Services of Bangladesh", whether includes the petitioners who were employees of the Ordnance Factories Boad......kur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangla­desh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. ......ahmudur Rahman J Serajul Islam Thakur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangla­desh and another...........Respondent [In both the writ petitions]..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

....) the balance money was to be deposited within seven days from the date of auction, in default, without any notice or without any show cause the 50% money already deposited will be confiscated to the Government and Mohal will be put on auction again but the petitioner was delayed by few days but dep......upreme Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Choudhury J KM Hasan J Ataur Rahman....................Petitioner Vs. Bangladesh & others.............Respondents Judgment May 25, 1992. Result: T...... When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh......bsp; ..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

...., Madaripur. The petitioner was a tenant in the said holding under respondent Nos. 5 and 6 on monthly rental basis since 1981. He imported the said printing machine from China by taking loan from the Government in month of December, 1988. The petitioner went to his village home keeping the press clo......er to him as listed in Annexure F to the petition which are stated to be in the Jimba of one Sekander Ali Munshi. Let a copy of this judgment be sent to the Secretary, Ministry of Establishment, Bangladesh Sachibalaya, Dhaka (Respondent No. 4) for taking appropriate action against Mr. AKM Musa,......risdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………….......Res......pecial Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....d by the learned Advocate for the appellants on the question of the non‑production of the original FIR. Admittedly, the original FIR was lodged by one AK Ghose of DAB who has since retired from the Government service. The original FIR, it appears from the perusal of the record, has been lost and t......or non‑receipt of the consignment. Over that matter an Enquiry Committee was constituted and the Committee after necessary enquiry submitted its report and oil the basis of that report the CCM (C), Bangladesh Railway, Chittagong asked the Divisional Mechanical Engineer, Paksey on 3.3.76 for direct...... is also Reported in: 46 DLR (HCD) (1994) 149.   ......ourt High Court Division (Criminal Appellate jurisdiction) Present: Mahmudul Amin Chowdhury J Syed Ali Mandal alias Md. Syed Ali and 4 others……..Appellants Vs. State…………………………&helli..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

.... Court Division (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell......n (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others.........a Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents Judgment April 22, 1992 Result:...... High Court Division (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Prop..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Syed Rahmatur Rub Irtiza Ahsan Vs. Government of the People's Republic of Bangladesh and others, 1992, 21 CLC (HCD)

....t Division (Special Original 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&......ion) 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      March 1......resent: 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      March 12, 1992. ......High Court Division (Special Original 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 ..

Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2

Bangladesh Electrical Association Vs. Bangladesh represented by the Secretary, Ministry of Industries and others, 1992, 21 CLC (HCD)

....have been called upon to show cause why they shall not be restrained from importing single phase electrical meters into this country in violation of Import Policy Orders 1989‑91 and 1991‑1993 and Government Policy decisions in this connection. 4. Single phase electric meter is mainly requir......also Reported in: 46 DLR (HCD) (1994) 221   ......ellip;……………………Petitioner [In Writ Petition No. 2342 of 1991] Vs. Bangladesh represented by the Secretary, Ministry of Industries and others…………………….Respondents [In all ...... No. 2341 of 1991] Padma Electric  Co………………………………Petitioner [In Writ Petition No. 2342 of 1991] Vs. Bangladesh represented by the Secretary, Ministry of Industries and others…&hel..

Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

.... (extraordinary) (Annexure‑C, page 845) naming him as মোঃ আলী আকবর, পিতা আঃ আজিজ as elected Chairman of the said Union Parishad under section 25 of the Local Government (Union Parishads) Ordinance, 1983. 3. It is contended in paragraph 8 of the petition......n Form Dha dated 23.1.92 (Annexure‑B) made by respondent No. 6 and published in the official Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal e...... Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment        ...... Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment   ..

Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

.... High Court Division (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, Se......inal 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 others............. M M Sahidur Rahman..............................Petitioner Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents Judgment February 12, 1992. Result: This Rule is......me Court High Court Division (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 Fi..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....l justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease— In the said case it has also been held that unless the lessee has violated any condition the Government cannot arbitrarily cancel the lease. Government cannot cancel any such lease of fish......rmen's Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others………………………&hellip......Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others…………………………Respondent......ali Fishermen's Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others……………………&helli..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....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. ......vocates‑ 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 dated 28.1.19...... Chairman, First Labour Court & others…………………………Respondents Judgment January 12, 1992. Result: The Rule stands discharged. Lawyers Involved: Md. Jainul Abedin, Advocate‑For the Petitioners ......cial Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Managing Director, Rupali Bank Limited & others…………Petitioners Vs. Chairman, First Labour Court & others………………&h..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & anothe...... 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183......HCD) (1994) 346 ..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8....... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Paul and Co., Narayanganj.......................Petitioner Vs. Bangladesh Bank, represented by its Governor and others.................Respondents Judgment A...... Case is also Reported in: 45 DLR (HCD) (1993) 8....... Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Paul and Co., Narayanganj.......................Petitioner Vs. Bangladesh Bank, represented by its Governor and others.................Respondents Judgme..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....hman J ATM Afzal J Mustata 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 o...... ......presented 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 ..................Respondents Judgment July 15, 1991. Result: ......t: MH Rahman J ATM Afzal J Mustata 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 Secretar..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....ful authority. 4. It appears from paragraph 8(3) of the Ministry of Land's Memo No.8‑80/84/458(139) dated 15.10.1984 printed at pages 294‑297 of the Land Administration Manual published by the Government of Bangladesh as follows: “বিশেষ ক্ষেত্রে মন্ত্......লমহাল ইজারা দলিল” and Annexure ‘C’ which was duly executed by the Additional Deputy Commissioner (Revenue), Madaripur, respondent No.4 on behalf of the President of Bangladesh, the order Annexure ‘V’ dated 22.11.89 passed by the Additional Commissioner, Dhaka D...... Mainur Reza Chowdhury J Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, 1991. Lawyers Involved: Subra......e Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, ..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....a' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatr......igh Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Qazi Shafiuddin J Rahela Khatun.....................Petitioner Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents ......ision (Special Original Jurisdiction) Present: Md. Abdul Jalil J Qazi Shafiuddin J Rahela Khatun.....................Petitioner Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents Judgment ...... DLR (HCD) (1993) 5. ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....d ammunition comes within the mischief of any offence under section 23 of the Arms Act and lastly (d) whether the recovery of the arms and ammunition comes within the amnesty, if any, declared by the Government for voluntary surrender of arms and ammunition within the specific date. 23. We are,...... granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19.......tate………………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Hossain Mohammad Ershad..............Petitioner Vs. The State…………………………&h..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....nal Procedure Code (Amendment) Act of 1949 (Act XLII 42) of 1949. In view of the fact that offences against girl of tender age have considerably been increased several times we would recommend to the Government that the age of the female child in section 361 of the Penal Code and in Section 552 of t...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of...... High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Badrul Islam Choudhury J Sumati Begum....................Petitioner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment ..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157