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Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....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   ......nment in any Department or for a Railway, whether by private purchase or compulsory acquisition, and which are no longer required for the purposes originally intended, shall be relinquished under the orders of Government in the Administrative Depart­ment concerned, which will issue instructions ......Islam, Advocate—For the Appellants Shaheed Alam, Advocate—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 l....... The defendant claims that the suit of the plaintiff Unnayan Parishad is liable to be dismissed. 4. At the time of trial, three witnesses were examined on the, side of the plaintiffs as against one on the side of the defendant. A number of documents were admitted in evidence on behalf of both ..

Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2

Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)

....he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ......han, Advocates‑For the Petitioner. Omar Farook, Advocate‑For the Opposite Party No. 1. Civil Revision No. 4747 of 1991. Judgment AM Mahmudur Rahman J.- This Rule is against an order of the Assistant Judge selling aside an order passed in Miscellaneous Case instituted under se......nullah Khan, Advocates‑For the Petitioner. Omar Farook, Advocate‑For the Opposite Party No. 1. Civil Revision No. 4747 of 1991. Judgment AM Mahmudur Rahman J.- This Rule is against an order of the Assistant Judge selling aside an order passed in Miscellaneous Case instituted ......J             Rebati Ranjan Dhar & another……………………………Petitioners Vs. Jatish Chandra Dhar…………………&hell..

Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1

Jahanara Begum Vs. State, 1993, 21 CLC (HCD)

.... 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.   ......bdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execution of an order of detention passed by the District Magistrate, Barisal on 24.9.93 under section 3(2) of the S......unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107.   ...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Naimuddin Ahmed J Abu Sayeed Ahmed J Jahanara Begum.......................................Petitioner Vs. State...................................................... Opposite Party J..

Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1

Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)

.... 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   ......e respondent husband submits that this is not a case of kidnapping but an act done perhaps in misunderstanding of the law but not willfully. According to the learned Advocate, this court may pass the order as the court may think fit and proper giving custody of the child to the mother but with a dir......tion and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399   ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Chowdhury J KM Hasan J Ayesha Khanam and others.........................Petitioners Vs. Major Sabbir Ahmed and others....................Respondents Judgment ..

Category: Family Law | Date: 13 Dec, 1992 | Hits: 4

Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)

....ader working under the petitioner Nos. 1 and 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......he Respondent No. 2 in all the Writ Petitions. Writ Petition No. 68 of 1988 with Writ Petition Nos. 198-211 of 1988 Judgment Naimuddin Ahmed J. — In these writ petitions a single order passed by the Writ Labour Court, Dhaka in IRO Cases No. 78 of 1984, 80 of 1984, 81 of 1984, 82......, 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   ...... Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Kazi Giasuddin and another………………………………Petitioners Vs. First Labour Court, Dhaka & another……………&..

Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3

Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)

.... 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   ......erty— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to possession is based on evidence before him from which ......m according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298   ......t High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment D..

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)

.... 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 ......wered in the affirmative and in favour of revenue department. The Income Tax Ordinance, 1984  (Ordinance No. XXXVI of 1984) Section 160 Unless a question of law arises out of the order of the Taxes Appellate Tribunal, this High Court Division has no power to decide the same. But......s Case is also Reported in: 46 DLR (HCD) (1994) 260 ......pecial Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hussain J Meghna Petroleum Limited...................................Applicant Vs. Commissioner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. ..

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   ......ccused who is fugitive from justice is not entitled to file any petition or appeal through any advocate as the individual who is seeking interference of the Sovereign to obtain revision of a judicial order is himself engaged in setting that judicial order at naught. (Also see Nirmal Krishna Chanda V......ce, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......k from outside. She peeped through the hole of the fencing of the hut and found that Meher Negar was lying in an injured condition. She informed Dr. Nurul Huq Chandshi who came with Municipal Commissioner Abdul Majid to the place of occurrence. Sobhan Mistry also informed Meher Negar's father P...

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     ...... or rescind is available under section 21 of the General Clauses Act such power does not include the authority to take away a validly acquired right— Whether only one who is affected by an order or a resolution has a right to be heard—Only one who is affected by the order or the res......nsequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ......sp;            Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Edu..

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

Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)

....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.       ......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.       ......wn the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ...... Islam @ Nuru @ Ali Hossain, (3) Kamal and (4) Tepa @ Ibrahim Khalil in Criminal Appeal No.1 of 1990; (1) Abdul Majid Mridha @ Majid Mridha and (2) Rajab Mridha, in Criminal Appeal No.488 of 1989 and one Md. Chand Miah @ Chand Miah son of Md. Mokaddes Ali Miah, in Criminal Appeal No.545 of 1990, in ..

Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

.... case the petitioner is Mr. Sham‑ud‑Doha. It is the case of the petitioner that he is the Chairman and Editor‑in‑Chief of Dialogue Publication Limited situated at 19, Kawran Bazar Dhaka which publishes Bangladesh's only interna­tional English Language Weekly. The petitioner who was f......nt 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 Bangla......no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ......diction) Present: Anwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others…………………&hel..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....tion and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property was made a...... 9762 (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, Dh......, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118.   ...... Mainur Reza Chowdhury J Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others…………………&hell..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

Shabir Hassan alias Bachchu Vs. Government of the People's Republic of Bangladesh and Others, 1992, 21 CLC (HCD)

....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   ...... Md. Abdul Jalil J.-This Rule Nisi was issued at the instance of Md. Shabir Hassan @ Bachchu calling upon the respondents, namely, Government of Bangladesh and others to show cause why the impugned order of conviction and sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evide......t liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 257   ...... ..

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   ......ates‑ For the Opposite Parties. Civil Revision No. 27 of 1991. Judgment DM Ansaruddin Ahmed J.-This Rule issued at the instance of the defendants is directed against the judgment and order passed on 19.11. 1990 by the Additional Assistant Judge, Second Court, Dhaka allowing the plai......er court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ......1994) 106   ..

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. ...... 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 Secretary of the Ministry of Home Affairs, Government of ......connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......18. ..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

.... 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 ......91 but no action has been taken in this regard by the respondents. It has been the further case that the new allottees being respondent Nos. 4 and 5 has constructed the house pursuant to the impugned order on the vacant space just in front of the house of the petitioner and other allottees blocking ......truction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ......: Anwarul Hoque Choudhury J KM Hasan J AKM Faruque…………………………………………Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Works and others…&hel..

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. ......justed wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject‑matter of the suit, the Court shall order such agreement, compromise or satisfac­tion to be recorded, and shall pass a decree in acc...... is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz Mohammad, Advocate‑For the Respondent Nos.2, 5 &...... for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the properties described in the schedule to the plaint originally belonged to Dr. Muhammad Shahidullah, one of the most distinguished educationists and his wife Mrs. Marguba Khatoon. Mrs. Marguba Khatoon ..

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)

....enerally regulating the proceedings of the Registrars and Sub‑Registrars. (2) The rules made shall be submitted to the Government for approval, and after they have been approved, they shall be published in the official Gazette and on publication shall have effect as if enacted in this Act. ......stice, Bangladesh Sachibalaya, Dhaka, the Sahakari Sachib, Ministry of Law and Justice, the Inspector General of Registration, Dhaka and District Registrar, Dhaka to show cause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the perma...... 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. ......ry J Nurul Islam and another…………………………………………………….Petitioners Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and ..

Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ......inance 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 portion of CS plot No. 279. There was ...... once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ......sent: D M Ansar Uddin Ahmed J Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others……………Petitioners Vs. Abdur Razzak……………………&hel..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....r and are disposed of by this judgment. 3. A Pakistan Ordinance Factories Board was constituted under the Pakistan Ordnance Factories Board Ordinance, 1961 (Ordinance No. XVII of 1961) which was published in the Pakistan Gazette on 15 May 1961. The principal function of the Board was to manage ......ry of Defence in exercise of his power under Rule 8(1)(f) of the Civilian Employees in Defence Services (Classification Control and Appeal) Rules, 1961 compulsorily retired the said petitioner by his order dated 9.7.89 (Annexure‑H of his WP No. 1737 of 1989). 8. As already stated petitioner S......t, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ......iction) (Special Bench) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J AM Mahmudur Rahman J Serajul Islam Thakur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Pet..

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