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Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 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 ......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 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 ......the provisions of the said Order and the Court of settlement can make such decision on the prayer of the applicant as it deems fit under section 10(5) of the said Ordinance……. (16) Lawyers Involved: Shafique Ahmed, Advocate‑For the Petitioners MA Mannan, AAG‑For the ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....e amendment allowed has the effect of a decree for permanent injunction which cannot be made without seeking for declaration of the. He contends that the order of amendment is contrary to the settled principle of law. 7. Mr. Shah Abu Nayeem Mominur Rahman vigorously canvassed that as the plaint...... 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. ...... 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)) 133. Lawyers Involved: M Nurullah with AQM Shafiullah, Advocates‑For the Petitioner. Saha Md...Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....cisions. The foremost being the decisions in the case of Abdul Quader Chowdhury and others Vs. State, reported in 28 DLR (AD) 38. In this case their Lordships of the Appellate Division enunciated the principles upon which this Court could invoke the inherent jurisdiction under section 561A of the Co...... 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 ......1; Bangladesh Vs. Abdul Wahab and others, 12 BLD 368; Waryam Singh and another Vs. Amarnth, AIR 1954 (SC) 215; Muhammad Samiullah Khan and another Vs. State, PLD 1963 (SC) 237 = 15 DLR (SC) 150. Lawyers Involved: Maudud Ahmed with Azizul Haque and SK A Awal, Advocates—For the Petiti..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....s he was enrolled before the said provision came into being and that in order to practise in the Supreme Court no membership of the Bar Association is necessary. He also submitted that the elementary principle of natural justice was not observed in the case as the petitioner was not given any opport......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......antage of that article. Now here it is mentioned that unless he applies for association membership his regular membership will cease…………………. (13) Lawyers Involved: Rafique‑ul Hoque, Moudud Ahmed, Azizul Hoque, Anjuman‑Ara‑Shelly & ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....ade on the basis of emoluments which the government employee was receiving immediately before his retirement i.e. the last pay drawn by the government employee on the date of his retirement. The same principle has been followed in the latest Notification i.e. Memo No. ME (Regn‑1)3P‑28/85/60 date......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
......ladesh; DS; Ram Krishna Dalmia Vs. SR Tendolkar, 1959 SCR 279 at pa 296: (AIR 1958 SC at p. 547 IA; Sharwani and others Vs. Government of Pakistan, 1991 SCMR (Supreme Court Monthly Review) 1041.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates—For t..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
.......Respondents
Judgment
February 16, 1993.
Result:
The appeal is allowed.
Lawyers Involved:
Mahmudul Islam, Advocate—For the Appellants
Shaheed Alam, Advocat..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....d 6 certain specific allegations have been made about the conduct and activities of the detenu and it appears that these activities were also used as grounds of detention. 9. It is now a settled principle of law that vague, unspecified and indefinite allegations in the grounds of detention rend...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......s absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; Borjahan Vs. State of West Bengal, AIR 1972 (SC) 2256 AIR 1972 at page 2256. Lawyers Involved: Sayed Ziaul Karim, Advocate‑For the Petitioner M Shamsul Alam, DAG‑F..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....the parties and in view of the welfare of the child, is entitled to the custody even if it comes into conflict with our statute law. 15. This brings us to personal law of the parties, namely the principles of Mohammadan Law. Under section 352 of the Mullah's Mohammadan Law the mother is the...... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......he welfare of the child. Cases Referred to- Goher Begum Vs. Suggi, A.I.R. 1960 (SC) 93; Imtiaz Banu's Case, A.I.R. 1979 (Allahabad) 25; Surinder Kaur Sandhu, A.I.R. 1984 (SC) 1224. Lawyers Involved: Amir‑ul‑Islam J with Miss. Shirin Ahmed Choudhury, Advocates—For th..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....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 ......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 ......Judgment December 6, 1992. Result: All the Rules are discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates—For ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....ugh to disturb findings of fact, the exercise of this discretion must be limited to exceptional cases in which gross miscarriage of justice is shown to have ensued due to the application of incorrect principles relating to the appraisement of evidence or failure to consider an important piece of mat...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...... 4 BLD (AD) 165; 26 DLR 170; 27 DLR 260; 20 DLR (DACCA) 367; PLD 1968 (Peshwar) 214; 25 Crl L. J. 1161 (Rangoon); 50 Crl. L. J. 967 (All); 32 Crl. L. J. 1237 (Cal); A. I. R. 1947 (Lahore) 227 Lawyers Involved: S K Sinha with AK Ahmedul Hasan, Advocates—For the Petitioner. Sha..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)
....ala held that the payments to the Government were liable to be deducted. The facts of the said case are quite distinguishable from the facts of the instant case before us. Therefore, we hold that the principle laid down in that case has no manner of application to the facts of the instant case. ...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......ers Vs. Union of India and others, 77 ITR (SC) 107; Tata Iron & Steel Co. Ltd. Vs. Union of India and others, 75 ITR 676; Commissioner of Inland Revenue Vs. Frank Bernard Sanderson, 8 TC 44. Lawyers Involved: Rafique‑ul Huq with Mustafa Adil and Md. Shorful Islam Khan, Advocates&mdas..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......C) 89 = PLD 1969 SC 89; Dipok Kumar Sarker Vs. The State, 40 DLR (AD) 139; Pakala Narayan Swami Vs. The King Emperor (1939) 56, Indian Appeals 66 (76); Lutfunnahar Vs. The State, 27 DLR (AD) 29. Lawyers Involved: Basharatul Mowla, Advocate—For the condemned accused. AKM Shamsul ..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)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......8 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. Lawyers Involved: Khondker AM Mohsenuddin, Advocate—For the Petitioner (In Writ Petition ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....n time for reflection. Thus gross illegality was committed by the Magistrate while recording the confessional statement which stands vitiated.” Thus, keeping in view the above well settled principles of Law regarding confession of an accused, let us now examine 3(three) confessional state......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ...... Rustom Ali Sikdar State Vs. Mizanul Islam @ Dablu and another 1988 BLD, page 317 Lutfun Nahar Begum Vs. The State, 27 DLR (AD), page 29, Shahoo Vs. The State of Uttar Pradesh AIR, 1966 (SC) 40. Lawyers Involved: Shawkat Ali Khan with Amjad Hossain, Fazlul Hoq Khan Farid and Md. Tomizuddi..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....r of South Korea and Phase III‑Commercial printing with a total share cost of Taka 7.6 crore. In all Al‑Baraka Bank Bangladesh Ltd. agreed to invest in the project as an equity participant on the principle of Islamic Shariah Banking and granted investment facility of Taka 12, 94, 97,720.53. The ......es of the overdraft facilities granted by Al‑Baraka Bank it has been stated by the petitioner that the petitioner obtained a declaration from the Government in 1988 to bring out an English Language International Weekly 'Dialogue' (ii) a Bengali language weekly 'Sanglap' (iii) an En......o the government functionary a power not vested in law. Cases Referred to- South Helton Coal Company case, 1894 1 QB at page 133; Attorney‑General Vs. PY A. Quarries (1957) 2 QB 169. Lawyers Involved: Moudud Ahmed with Rokanuddin Mahmood, Advocates—For the Petitioner. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....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. ......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. ...... as abandoned property made as per provision of President's Order 16 of 1972 read with Ordinance No.54 of 1985 to be illegal and without lawful authority………. (8 & 9) Lawyers Involved: MI Farooqui with M Salimullah and Faisal H Khan, Advocates‑For the Petition..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
...... and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104
Lawyers Involved:
MM Hyder Ali, Advocate—For the Petitioner
Lashkar Fakhruddin Ahmed..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
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 ......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 ......urt under Order 7 rule 10, CPC……………….(5 &6) Cases Referred to- Benisham Mohanlal Khetan Vs. Mohadeb Tukaram Borkar, AIR 1985 (Bombay) 462. Lawyers Involved: Md. Azizul Huq, Advocate‑For the Petitioner. MA Rashid, with MA Khaled..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... and the detention order is still continuing, so the fact remains that there is a criminal proceeding and on the same fact there is also a detention order. 7. There is no dispute, with the legal principle that the detaining authority must have pre-existing materials for satisfaction that any in......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. ......desh, 30 DLR at page 131; Soagiti Chowdhury Vs. State of West Bengal, AIR 1972 (SC) 168; Bhimsen Vs. Union of India, (AIR 1951 SC) 481; Azizul Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers Involved: Mahabubur Rahman with Mrs. Ferdausi Shahab Advocates ‑ For the Petitioner. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....d by law would result in the loss of some personal benefit or advantage or the curtailment of a privilege or liberty or franchise."
The learned Judge further observed, thus:
"This principle governing an appeal cannot be invoked in the present case, particularly since the abandonm......
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
......;……..Respondent
Judgment
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md. Awlad Ali, Advocate—For the Petitioner.
Obaidur Rahman Mustafa..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
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