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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 ...... 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 ...... 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 ......dan Towary and others, 1926 Indian Case Vol. 96 at page 287; H and Fabric Limited Vs. Mallik Textile and others, 1985 BLD 271; Ram Chandra Das and others Vs. Md. Khalilur Rahman, 37 DLR (AD) 21. Lawyers Involved:  MA Matin with MA Jabbar, Advocates‑For the Petitioner. Zakir Ah..

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)

....n (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, Special, Property Cell and others.........ala executed and registered in Bangladesh in 1975 creates a presumption that the registration authority was satisfied that the executant was a valid citizen and national of Bangladesh since an Indian National as such could not transfer any property in Bangladesh byway of any registered deed". ......l effect and further declare that the impugned notice Annexure 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. ......R (SC) 139; 40 DLR (SC) 22; Ananda Mohan Kundu and others Vs. Province of East Pakistan 20 DLR 976, 980; Sultanuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252. Lawyers Involved: Azizur Rahman Choudhury with Md. Abdul Mannan, Advocates‑For the Petitioner..

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)

....ion) 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..........Respondents Judgment      March 1......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       ......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       ......ing relief in writ jurisdiction….(7) Cases Referred to- M S Madhava Rao and others Vs. DVK Surva Rao, AIR 1954 (Mad) 103; Gopi Nath and another Vs. Ram Nath, AIR 1925 (All) 356. Lawyers Involved: AK Badrul Huq with Dil Mohammad, Advocates—For the Petitioner. Faz..

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)

....also Reported in: 46 DLR (HCD) (1994) 221   ...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 221   ...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 221   ......……………….Respondents [In all three writ Petitions] Judgment March 4, 1992. Result: The petitions are failed and the Rule is discharged Lawyers Involved: Fida M Kamal, Advocate‑For the Petitioners (in all 3 writ petitions) A..

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

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

....n 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 No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal e......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   ......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   ...... Vs. Anijad Ali alias Nazu Mia and Ors, 42 DLR (AD) 13; Farid Mia, 42 DLR (AD) 13; Farzana Ali Vs. Province of West Pakistan PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque 40 DLR (AD) 10. Lawyers Involved: Abdul Hamid Chowdhury, Advocate—For the Petitioner. Writ Petition ..

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)

....inal Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J M M Sahidur Rahman..............................Petitioner Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others............. such other or further order or orders passed as to this Court may seem fit and proper." 2. The case of the petitioner is, that he was appointed as Inspector of Customs and Excise under the National Board of Revenue. The respondent Nos.4, 5, 8 and 10 were directly recruited as Inspector of...... 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 ......Rahman Vs. Government of Bangladesh SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2) Zainal Abedin Vs. Bangladesh, 34 DLR 77. LawyersInvolved: Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin and Mirza Hossain Haid..

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         ...... 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         ...... 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         ......nature and character of the suit or the same is not inconsistent with the earlier pleadings or it does not substitute any cause of action of the suit……………..(5) Lawyers Involved: Ruhul Amin, Advocate— For the Petitioner. Miah Abdul Gafur, Advoca..

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)

....rmen's Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others………………………&hellip......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     ......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     ......…(6) Cases Referred to- Lutfu Hiah Vs. Government of Bangladesh and others, 1981 BLD (AD) 105; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85 Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Miss Nihad Kabir, Advocates—..

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)

....vocates‑ For the Respondents. Writ Petition No. 195 of 1987. Judgment 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 28.1.19......rmanent worker such as i.e. medical treatment and provident fund facilities. The 2nd party Bank increased his salary from Tk. 195.00 Tk. 349.00 but such increase of pay was not in conformity with the National Pay Scale of 1973. First party Sekendar Ali Howladar submitted a representation to the Bank......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. ......r Court & others…………………………Respondents Judgment January 12, 1992. Result: The Rule stands discharged. Lawyers Involved: Md. Jainul Abedin, Advocate‑For the Petitioners Mahbubul Huque with AQ..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & anothe......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 ......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 ...... 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183; Abdus Sattar and others Vs. Suresh Chandra Das and others 32 DLR (AD) 170. Lawyers Involved: SK Sinha, Advocate—For the Petitioner. MA Mannan, Advocate—F..

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)

.... 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 Judgment A......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.......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....... Hasan J Paul and Co., Narayanganj.......................Petitioner Vs. Bangladesh Bank, represented by its Governor and others.................Respondents Judgment August 27, 1991. Lawyers Involved: Rabindra Ghose, Advocate ‑ For the Petitioner. Dr. M Zahir, Advocate ‑ F..

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)

.... ......rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......982 (SC) 149; DS Nakera and others Vs Union of India, AIR 1983 (SC) 130; Bandhu Mukti Morcha Vs. Union of India, AIR 1984 (SC) 802; Dr. DC Wadhwa and others Vs. State of Bihar, AIR 1987 (Sc 579. Lawyers Involved: Asrarul Hossain and Khandker Mahbubuddin Ahmed, Senior Advocates (Md. Joynu..

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. ......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. ......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. ......LR (AD) 225; Amal Kumar Moitra Vs. Md. Mashiur Rahman, 30 DLR (SC) 244; Fakruddin Vs. Md. Khoda Baksh, 29 DLR (SC) 268; Kumbhan Laksbmanna and others Vs. Thugirala Venkateswaria, 2 DLR (PC) 83. Lawyers Involved: Sayed Md. Dastagir Hossain with Md. Abdur Rashid and Zakir Hossain, Advocates..

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)

....লমহাল ইজারা দলিল” and Annexure ‘C’ which was duly executed by the Additional Deputy Commissioner (Revenue), Madaripur, respondent No.4 on behalf of the President of Bangladesh, the order Annexure ‘V’ dated 22.11.89 passed by the Additional Commissioner, Dhaka D......nt No.4) shall put the fishery in question in public auction 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. ......nt No.4) shall put the fishery in question in public auction 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. ......y Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, 1991. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Petitioner. QA Hossain, Assistant At..

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

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......5.90 passed by the Sessions Judge, Kishoregonj in Criminal Miscellaneous Case No.150 of 1990 arising out of GR Case No.83(2)/89 under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance of 1984. 2. Facts, in short, are that the father of the ......Tapash Nandi ..........................Petitioner Vs. State and others.................Opposite Parties Judgment March 28, 1991. Case Referred Uo- 42 DLR (HCD) 297. Lawyers Involved: SS Haldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mah..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Qazi Shafiuddin J Rahela Khatun.....................Petitioner Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ..................Petitioner Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents Judgment March 12, 1991. Lawyers Involved: Mahfuzur Rahman, Advocate ‑ For the Petitioner. Q Akhtar Hossain, Assit. A..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......cess of the appeal and in that circumstances the learned Single Judge of the High Court Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

.... granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19.......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ...... 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19. Lawyers Involved: Kazi Shahadat Hossain with M Razaul Karim, Advocates ‑ For the Petitioner. ..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

.... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......HCD 44; Jahanara Begum @ Jotsna Rani Saha Vs. the State, 15 DLR 148; Kiran Bala Chowdhury Vs. the State, 17 DLR 544; Fatema Begum Urmila Rani Vs. Gageswar Nadi; the State 9 BLD (1989) page 469. Lawyers Involved: AKM Foiz, Advocate‑For the Petitioner. Nasiruddin Chowdhury with Abd..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of India and another...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......ala High Court PK Therasia Vs. State AIR 1971 (Kerala);Nalh Saha's case, AIR 1970 (Cal) 255;53 CWN 45. AIR 1986 (Orissa) 238; AIR 1968 (Kerala) 169(Ref AIR 1986 (Orissa) 238);33 DLR (AD) 297 Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Moonir, Advocates‑For the Appellant ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5