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Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....rovisions) Ordinance, 1985 (Ordinance No. 54 of 1985) came into force. providing the provision for constitution of the Court of Settlement which also created a right for the persons aggrieved to file fresh claim before the Court against the enlistment of the properties as abandoned property. The pet......by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the application for non‑prosecution without deciding the issue. In the instant case, the Court of..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......ship of landlord and tenant into a suit based on title. After considering the only other processes open for being adopted in such matter, that is, either to return the plaint along with the amendment application outright, their Lordships held that the court had ample jurisdiction to allow the amendm..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......For the Petitioner. Shahabuddin Ahmad, Deputy Attorney‑General ‑ For 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 a..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......espondent Nos. 4 and 5.
AQM Shafiullah,Advocate—For the Respondent 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 ..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
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. ......t was filed before die court on 31.1.90 by defendant No. 2 alone and not by any other parties. It further appears that the solenama does not bear the signature of any lawyer of any of the parties. No application was filed by defendant No. 2 through any lawyer under Order 23, rule 3 CPC praying for r..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
...... Collecting Muharrars. The petitioners have claimed that all of them had been appointed from extra‑Muharrars otherwise known as copyists (Nakal Nabis) on seniority basis. In paragraph 6 of the Writ application the petitioners have stated that these 475 Tax Collecting Muharrars of Bangladesh have f..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....tice under section 152 of the Paurashava Ordinance was also pleaded in the defence.
5. The suit was dismissed on contest on 7.8.1981. But in appeal (TA No. 151/81) it was sent back on remand for fresh decision after local investigation in order to ascertain whether the suit land was attracted b......he Petitioners
Mahbubey Alam with A M Aminuddin, Advocates—For the Opposite Party.
Civil Revision No. 731 of 1989.
Judgment
D M Ansar Uddin Ahmed J.-This Rule obtained on an application under section 115 of the Code of Civil Procedure by the defendants, Narayangonj Paurasha..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......c of Bangladesh. 3. As from the 26th day of March, 1971, all "existing laws" shall, until repealed or altered or amended by competent Legislature or other competent authority, in their application to Bangladesh, be subject to the Adaptation directed in this order” 16. Artic..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....ng and selling and marketing them. The Shita Kuri Group Fishery is situated within upazila Golapganj District Sylhet and is a closed fishery, leased out for three years term basis. It became free for fresh lease with effect from 1398 BS. There was no fishermen co‑operative society interested to pa......Haque Choudhury J KM Hasan J Ataur Rahman....................Petitioner Vs. Bangladesh & others.............Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party b..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......e him on 28.12.88 for hearing a complaint petition filed by the petitioner's landlords, respondent Nos. 5 and 6, for evicting the Petitioner therefrom. The petitioner could not appear but sent an application for time expressing his inability to move. After recovery from the injuries, the petitio..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......case in its totality which is so very essential for correctly applying the law as to joinder of charges. The principles of law on the subject are by now well‑settled but error is committed in their application to the facts of a particular case; generally because of a lack of true perception of the..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
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 ...... Advocate—For the Petitioners SA Rahim, Advocate—For the Opposite Party No.1 Civil Revision No. 1208 of 1990. Judgment Muhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of the defendant‑p..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
......e—For the Applicant Petitioner
AKM Mozammel Hoque Bhuiyan, Advocate—For the Respondent
Application No. 117 of 1987
Judgment
AM Mahmudur Rahman J.— This reference application under section 160(1) of the Income‑Tax Ordinance, 1984 is at the instance of the Reven..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......he Petitioner. Zakir Ahmed with Mrs. Masuma Akhter, Advocates‑For opposite Party No. 5. Civil Revision No. 978 of 1980. Judgment Muhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure on behalf of the defendant‑petitio..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....sal order and to restore it to its original file and number in accordance with Order 9 rule 9 CPC. The Misc. Case was also dismissed on contest. Order 9 rule 9 precludes the plaintiff from bringing a fresh Suit. But if a suit is dismissed for default in presence of defendant or defendants, die only ......roposed lease by the order dated 7.8.78. But the Deputy Commissioner, Sylhet (respondent No.2) took forcible possession of the petitioners' property on 15.11.78. Then the petitioner filed an application before the Ministry of Commerce and Foreign Trade but without any effect. Against this f..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....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
......e election dispute and as such the Arbitrator gave the award as lawful authority and against the award there is provision for appeal and admittedly the petitioner preferred an appeal and as such this application is not maintainable.
7. Mr. A K Badrul Huq has referred to an unreported decision m..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 .............Petitioner Vs. Election Commission and others..................Respondents Judgment February 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....tion should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the prayer of the writ petition was amended and a fresh Rule was issued on the following terms:
"Let a fresh Rule Nisi be issued calling upo......ed by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the prayer of the writ petition was amended and a fresh Rule was issued o..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......etitioner. Miah Abdul Gafur, Advocate—For the Plaintiff‑Opposite Party. Civil Revision Case No. 684 of 1990 Judgment Muhammad Ansar Ali J.—This Rule arises out of an application under section 115(1) of the Code of Civil Procedure filed on behalf of the added defenda..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....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
......nexure‑A) should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd. filed an application on 7.7.91, for being added as a party on the ground that the said society also applied t..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
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