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....ensioners on the basis of calculation of their pension according to pay as on 1.6.85 of the respective posts which the pensioners held at the time of their retirement irrespective of their respective dates of retirement. In short, they claim pension to be calculated on the basis of "presumptive......or governmental action that deprives them of such entitlement being violative of Article 27 cannot be sustained.
9. In support of his submission, Mr. Syed Ishtiaq Ahmed has relied upon an Indian decision, DS Nakara and others Vs. Union of India, reported in AIR 1983 (SC) 130 decided by the Supr..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....ash;For the Respondents.
First Appeal No. 53 of 1985
Judgment
Md. Abdul Karim J. — This First Appeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dism......e bonafides of Jinardi Union Unnayan Parishad. Thereafter, on 9.1.8 1, the Chief Estate Officer of Bangladesh Railways in his letter to the Secretary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on pay..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....e the wife of the detenu challenging the detention of the detenu on various grounds. It is alleged that on 10.9.93 the detenu was at first arrested in connection with Muladi Police Station Case No. 4 dated 11.9.93 under section 19A of the Arms Act and thereafter, the order of detention was passed. I......venting him from committing "prejudicial act" as defined in section 2 (f) of the Special Powers Act, 1974 and in this respect, the learned Deputy Attorney‑General has placed reliance on a decision reported in 45 DLR (AD) 89. The learned Deputy Attorney‑General has also contended that m..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....aintainable, and having never wished to relegate her to the long drawn process of a litigation, decided to proceed with the matter early and directed the minor to be produced before this court on the date fixed and after having viewed the father, the mother and the minor boy we had been happy to see...... allegation of an illegal custody had been asserted even by the former husband but father of the child, the child being only 4 years of age, a petition nature is competent. 4. A number of Indian decisions show that this nature of petition would be competent and handing over the child to the pro..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....2 the Proprietor and the Manager respectively of a printing press named the Star Press, on a monthly wage of Taka 307.00. The Government by a Notification published in the Dhaka Gazette Extraordinary dated 12th July, 1980 being Notification No.SRO 237‑L/80/ SIV/ MWB10/80/172 in exercise of it......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....70 of 1987 (Sylhet). Criminal Revision No. 70 of 1988 (Dhaka). Judgment Muhammad Abdul Mannan J.—This revision under section 561A CrPC arises against the Judgment and order dated the 11th January, 19871 passed by the Sessions Judge, Sunamganj in Criminal Revision No.: 7/1 ......trate alone who is to be satisfied as to there being or not being likelihood of a breach of the peace and if he is satisfied one way or the other, the High Court on revision cannot interfere with his decision." In the same decision he also refers that: "It has, however, been repe..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....ce attracts tax in the hand of the assessee. He submits that as the Corporation received the profit it was to be assessed to tax in hand of the Corporation. Thirdly, he submits that circular No. 9 IT dated 10.8.76 which was relied upon by the Tribunal was superseded by the decision of the Ministry o...... order of the Taxes Appellate Tribunal, this High Court Division has no power to decide the same. But whether a question of law formulated arises out of the order of the tribunal itself and falls for decision of this Division is to be seen by this Division. The questions as formulated to arise out o..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ode by Mr. Abdul Matin Chowdhury, Sessions Judge, Barguna on 16.3.87 in the said Sessions Case No. 84 of 1985, but a Division Bench of this Court in Death Reference Case No. 5 of 1988 by the judgment dated August 22, 1989 rejected the Reference and sent the case back for retrial relying on the case ......nce of death awarded to Gul Hassan could be confirmed and the appeal filed on his behalf disposed of in his bsence..........The legal questions arising in the appeal by Gul Hassan is concluded by the decision in Chan Shah Vs. The Crown, PLD 1956 (FC) 43 = (1956) 8 DLR (FC) 24...............Gul Hassa..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....ff‑shoot of the Rule in Writ Petition No. 4 of 1990 being in the nature of a show cause notice upon an application for vacating the order of this Court staying the operation of the Memo No. 8201(9) dated 5.7.92 issued by the Board of Intermediate and Secondary Education, Dhaka which was passed in ...... and Arbitration Committee and the Board reinstating her to her former post and that right cannot be taken away by the mala fide and motivated letter of the Board that they have stayed their previous decision…………………..(18 & 19) Cases Referred ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....de and sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Tk. 2,000/- each, in default to suffer R.I. for a further period of three months, by a judgment and Order dated 9.5.86, passed by learned Assistant Sessions Judge, 1st Court, Tangail in Sessions Case No.115......essions, there is no other material evidence in this case to connect the appellants with the commission of the alleged crime. It appears that the learned Assistant Sessions Judge by referring to some decisions of this Court has considered the aforesaid confessional statements of the 3(three) accused..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... Anwarul Hoque Chowdhury J.—This Rule, arises out of an application under Article 102 (2)(1) (b) of the Constitution of the People's Republic of Bangladesh and is directed against an order dated 19.5.92 issued by the Assistant Director, Immigration and Passport, Government of Bangladesh, ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....(59) against Serial No.165 under the caption" Mirpur Section 10 C" should not be declared to have been made without lawful authority and is of no legal effect and why the judgment and order dated 24.12.88 passed by the Court of Settlement in case No. 760 of 1987 (Ka‑165, Mirpur, Dhaka) s......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ..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 ......ned Advocate for the petitioners adds that the court could not allow an amendment ousting its own jurisdiction to try the suit and as such there has been a serious error of law resulting error in its decision occasioning failure of justice. Mr. M Khaled Ahmed, the learned Advocate representing the o..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....f Bangladesh and is directed against an order of detention issued by the Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case o......d in law. He has further submitted that the complicity of the detenu in the criminal case is not established because the detenu is a mere Director of the said non‑commercial organisation and has no decision making power and in fact it is never the allegation that he by any overt act had committed ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....hury 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 30.8.1987 issued by the Assistant Commissioner Settlement, Ministry of Works, Dhaka.
2. I...... portion of the vacant space has been allotted to respondent Nos. 4 and 5 and the matter has been approved by the appropriate authority and it has been approved by the land allotment committee in its decision dated 22.8.85 which decided the allotment of the said plot, situated in Section 2 Mirpur Ro..
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)
....ate‑For the Respondent No. 7. Appeal from Original Decree No.153 of 1990. Judgment Md. Sirajul Islam J.- This appeal by the defendant No.2 is directed against die judgment and decree dated 7.3.90 and 17.3.90 respectively passed by the Subordinate Judge, First Court, Dhaka in Title S......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. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....d he had been regularly working in the said post on daily wage basis upto 30.1.85 when he was appointed to Tax Collecting Muharrar of Sutrapur Sub‑Registry Office. Annexure B to the petition is the date of appointment of Tax Collecting Muharrar.
3. The petitioners have given a background of t......e, accepting that the paragraph 310(a) is amended, we find that it has no binding control upon the Govt. not being a statutory rule.
16. So far as the violation of natural justice is concerned a decision has been cited by the learned Advocate for the petitioners namely the Bangladesh Steamer Ag..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....id rents for the land. The property has also been recorded in his name in RS Khatian after rejection on 21.7.1979 of the defendant's objection. Thereafter the defendants served upon him 2 notices dated 7.9.1979 and 26.9.1979 threatening to dispossess him from the property.
4. The Paurashava......nder 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 by any ..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....ith effect from 13.11.64 On 3.8.71 he was, thereafter promoted to the post of Works Manager. On 2.7.76 he was further promoted to the post of Superintendent (Production) by Memo No.4/1/76/ D‑13/395 dated 2.7.76 by the Ministry of Defence, Governmentof Bangladesh. 5. Petitioner Serajul Islam T......ur Rahman J. — Writ Petition No. 1731 of 1989 and Writ Petition No. 1737 of 1989 were heard together by a Division Bench consisting of MA Jalil and N Ahmed JJ. who could not agree with the decision of a Division Bench of this Court presided over by Mustafa Kamal, J in the case of Abdul La..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... 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 Additional Deputy Commissioner (Rev.) Sylhet, so far as it relates to se......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
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