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

....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     ......fter, the petitioner executed a bilateral lease deed with the People's Republic of Bangladesh represented by the Additional Deputy Commissioner (Rev) Sylhet on 15.5.91, Annexure‑D and under the order of the Additional Deputy Commissioner, Sylhet Tahasildar, Tahasil Office Golapgonj gave physic...... this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ......p;   ..

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 lock and key of the landlords replacing the petitioner's lock and key. On inquiry he came to know that during his absence he was evicted and his press and other valuables were taken away by the order of the respondent No. 1 but he could not get any information as to what happened to his press ......a Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......on (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others…………………&helli..

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)

....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......For the Appellants. SA Hasan, Assistant Attorney‑Genera‑For the State. Criminal Appeal No. 79 of 1991. Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed against these appellants by the learned Divisional Special J......ail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......aking delivery of the oil from Phulbari Railway Station. The said wagon reached Santahar Railway Yard on 7.12.1975 at 2‑30 hours by KS Up train with full particulars and all Railway papers and that one Jasirnuddin, the TNC and Batch in‑charge received the connected papers of the wagon from the g..

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

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: ......tioner (In Criminal Petiotion for Leave to Appeal No. 91 of 1988). Criminal Appeal No.8 of 1989 with Criminal Petition for Leave to Appeal No.91 of 1988. (From the Judgment and order dated 15th June, 1988 passed by the High Court Division, Sylhet Bench, Sylhet, in Criminal App......l 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: ......;    Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. Hamida Khatun................ Complainant-Petitioner Vs. Constable Lal Mia and others.........Respondents [Criminal Petiotion for Leave to..

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     ......dgment 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‑petitioners and is directed against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Comme......     ......h Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Md. Abdul Karim J Bengal Metro Engineering Co. and others………….Petitioner Vs.     Agrani Bank.......................opposite Party Jud..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

....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 ...... The question No. III formulated for determination is answered in the affirmative and in the assessee. The Income Tax Act, 1922 (Act no. XI of 1922) Section 10(4)(d) In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the e...... raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ......DLR (HCD) (1994) 332 ..

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 ......No.1 6. Being aggrieved by the above judgment and decree of the appellate Court below, the defendant petitioner moved the instant revisional application and obtained the present Rule and also an order of stay of the operation of the impugned judgment and decree till hearing of the Rule. 7....... Present: Muhammad Ansar Ali J Asim Ali…………………………………….Petitioner Vs. Badaruddin @ Suruj Mia & others………………….Opposite Parties......il Revisional Jurisdiction) Present: Muhammad Ansar Ali J Asim Ali…………………………………….Petitioner Vs. Badaruddin @ Suruj Mia & others……………&helli..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

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

.... included within the list of Enemy Firm (Enemy Property) of M/s. Chandinal. Surujmal Bantia of Kalighat and on enquiry he got to know that in the Notification No. Sec.140/65/8 EPS‑71h January. 1966 published in Dhaka Gazette dated 20th January, 1966, the Government of the then East Pakistan was &q...... the last Settlement Survey, the said land was wrongly recorded in the names of the heirs of original owners and on a petition of objection by the said Duraram Upadhyaya, the CO (Rev) Sadar Sylhet by order dated 15.12.62, allowed the objection and directed correction of the record of rights in the n......xure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ......eme Court 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, Spe..

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)

....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       ......‘filing of appeal or withdrawal of appeal after filing the same does not stand in the way of getting relief in this jurisdiction. In this view of the matter the Rule is made absolute without any order as to costs and impugned award dated 262.91 passed by the respondent No. 3. in Dispute Case No......made without any lawful authority. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294       ......ourt 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..........Respond..

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)

.....88 (Annexure‑D). 7. Pursuant to the above decision the Government in its import policy order 1989‑91 declared under the provision of section 3(1) the Imports and Exports (Control) Act, 1950 published in the Bangladesh Gazette Extraordinary dated. 4.7.1989 banned import of single phase elec...... be granted and as such the decision was communicated to the local manufacturers by memorandum dated 29.9.88 (Annexure‑D). 7. Pursuant to the above decision the Government in its import policy order 1989‑91 declared under the provision of section 3(1) the Imports and Exports (Control) Act, ......any order as to costs. Order of status quo stands vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 221   ......pecial Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Bangladesh Electrical Association……………………Petitioner [In Writ Petition No. 273 of 19911 Hay Electrical Industries Ltd……&hell..

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

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

....rishad, Upazila Shibchar, District Madaripur as shown in the list of elected Chairman and Members of Bhandarikandi Union Parishad in 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......6 Returning Officer in Form Dha (Annexure‑B). Section 21 of the General Clausen Act, 1897 reads as follows: "Where, by any Act of Parliament or Regulation, a power to issue notifications, orders, rules, or bye‑laws is conferred, then that power includes a power, exercisable in the like......rmation and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395   ...... High 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 &n..

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)

.... Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ......iorney‑Generat—For the Respondent Nos.1‑3. Writ Petition No. 1374 of 1990. Judgment Md. Abdul Jalil J.-This Rule was issued calling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn­9/89/337 dated 10.6.90. Annexure E to the petition sh......or 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ......7 ..

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         ...... 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 defendant‑petitioner against an order dated 24.12.88 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.......d Others................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such ......t High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Muhammad Ansar Ali J Sri Kirtish Chandra Dev...........................Petitioner Vs. Begum Sufia Akhtar and Others................Opposite Parties Judgment ..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

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

....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     ......up Fishery to them and that the settlement was given to the petitioner by the Government illegally without holding any auction as per rules on 8.5.9 1. The prayer was allowed after lengthy hearing by order dated 17.7.91 and the said Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd......nt to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......J Sonali Fishermen's Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others…………………&hel..

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. ...... 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 28.1.1981 passed by the Respondent No.1 in IRO Case No.52 of 1980 should not be declared......rence by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......n (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Managing Director, Rupali Bank Limited & others…………Petitioners Vs. Chairman, First Labour Court & others…………&hellip..

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 ...... the rent for the period from April to October, 1983 but the petitioner gave evasive reply. Thereafter the opposite party remitted Taka 350.00 as rent for the said period to the petitioner by a money order dated 14.11.83 but the petitioner refused to accept the money order on 11.11.193. Thereafter t......ioner Vs. Kamal Kha...............................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) ......: 46 DLR (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)

....’) under section 37 of the Bank Company Act, 1991 (Act. 14 of 1991) which Act took effect from 24.2.91 on repeal of Bank Company Ordinance, 1991 and Banking Companies Ordinance, 1962 (LVII of 1962) publishing the name of the petitioner M/S Paul & Co. represented by its Managing Partner Mr. Mad......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....... 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....... Supreme 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 ..

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)

....d fixing rates of wages shall be communicated as soon as practicable to the Government and section 11 provides that within one month from the period of receipt Of the 6ecislon of the Board it will be published in the Bangladesh Gazettee whereupon it will conic into effect from the date specified in ......s payment of dearness allowance, gratuity and income-tax is concerned, in Writ Petition No. 383 of 1991. A Rule Nisi was issued, but the Rule was discharged by the High Court Division by judgment and order dated 30.5.91 on a preliminary point as to the locus standi of the petitioner, it being held t......patra 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 of Information and four others ..................Respondents Judgment July 15, 19...... Present: 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 it..

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

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......rt of appeal below decreeing the suit is set aside and the judgment and decree passed by the trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: T......on Judgment here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment Ju..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

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

....ishery for which respondent No.5 could show no proof and that the respondent No.5 came to know about the settlement of the said fishery in favour of the petitioner when a notification for auction was published on 30.3.90 for sale of the fisheries under Madaripur District excluding the disputed fishe......ty Commissioner (Revenue), Madaripur and No.5, Nikhil Chandra Malo, Secretary, Kabirajpur Union Matsyajibi Samabaya Samity Ltd. of Kabirajpur, Upazila Bajair, District Madaripur to show cause why the order Annexure ‘H’ dated 4.11.90 passed by Mr. AZM Nasiruddin, Secretary, Ministry of Land under......ction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ...... Fazle 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 ..

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