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Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

....d also handed over possession of the same to the College authority on 23.4.1988, On 25.5.1991 the foundation stone of the main building for Lakshmipur Mahila College was laidceremoniously by the then Deputy Commissioner Lakshmipur for which the petitioner has filed contempt case in the High Court Di...... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ......ition proposal but neither the petitioner nor anybody of the recorded tenants filed any  objection against the acquisition proposal within 15 days or thereafter and the Government vide Order No. General 1/84/102(68) Requisition dated 31.1.1984 accorded approval on 24.6.1986 confirming the acqui...... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)

....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229   ......, in default to suffer Rigorous Imprisonment for 6 months more. 2. The case was started on the basis of a formal FIR dated 22.1.1992 lodged with the Sabujbagh PS Dhaka by P.W.1 Md. Abdur Rashid, Inspector, CID Bangladesh alleging, inter alia, that on 30.10.91 at 8.30 AM on receipt of a secret i......§Ťŕ¦Żŕ¦¬ŕ¦¸ŕ§Ťŕ¦Ąŕ¦ľ গ্রহণ করিতে পারিবেন। ” From a reading of the aforesaid provision of the Narcotic Control Act, 1990, it appears that if the Director General or any Officer authorised by him or the Police Inspector or the Customs Inspector or BDR per......Saha along with 3 others including a lady named Parvin Begum who was alleged to be the wife of accused‑appellant Ashok Kumar Saha. Thereafter, the accused persons were produced before the Sabujbagh Police Station and a GD Entry was made and on that basis the accuseds were produced before the Chief..

Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2

Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373     ......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373     ......petitioner served the grievance petition on 4.3.90 but he did not receive any reply. It was alleged that the dismissal order was mala fide and arbitrary and violative of Biman Service Regulations and General Law of the country and also is a colourable exercise of power and has been made with mala fi......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373     ..

Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......AD) 116. Lawyers Involved: Khademul Islam Chowdhury with Mohammad Ali, and Muslima Khanam, Advocates‑For the Petitioner. Saidur Rahman with Abdul Mannan Bhuiyan, Assistant Attorney‑General‑For the Respondents. Writ Petition No. 580 of 1989. Judgment Mohammad Fazlu......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)

....Writ Petition No. 688 of 1989. Judgment Habibur Rahman Khan J.-On an application under section 439 read with section 435 of the Code of Criminal Procedure a Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 19.6.93 passed by the Additional ...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......ILR 24 (Cal) 167,52 Cr LJ (Al) 221 Lawyers Involved: Abdul Malek with Imman Ali and AFM Mushfiqur Rahman, Advocates‑For the Petitioner. Abdul Wadud Khondker, Additional Attorney-­General with AFM Shahid, DAG, Amirul Kabir Chowdhury, DAG and AKM Shamsul Karim, AAG‑For the State...... was stayed. 2. Short facts of the case which have given rise to the Rule are as follows: Sepoy Fazlul Hoque attached to District General Field Intelligence (DGF1, lodged FIR with the Ramna Police Station on 28.1.90 alleging, inter alia, that on the same day at 6‑30 PM Nayek Ali Azam was..

Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156   ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156   ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156   ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156   ..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

....fore the court. 44.  In view of the above we make the Rule absolute in Criminal Revision No.1336 of 1992 and discharge the Rule in Criminal Misc. Case No.536 of 1992. 45. We direct the Deputy Commissioner, Netrokona and the Jailor, Netrokona District Jail to release the victim girl Nu...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

....DLR 160;Mir Abdul Qadir Vs. State of Andhra Pradesh, AIR 1967 (Andhra) 105; Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Lawyers Involved: Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney‑General, M. Shamsul Alam, Deputy Attorney‑General, Serajul Hoque, Assistant Atto...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 29   ...... Republic of Bangladesh, 32 DLR 160;Mir Abdul Qadir Vs. State of Andhra Pradesh, AIR 1967 (Andhra) 105; Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Lawyers Involved: Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney‑General, M. Shamsul Alam, Deputy Attorney‑General, S......er has been living in Bangladesh with all his family members, and his wife, sons and daughters are in Bangladesh although .There is no case or even any allegation registered or lodged in any Court or Police Station against the detenu-petitioner or anywhere in Bangladesh touching his conduct There is..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212   ......ourt that there was direction vide order dated 4.7.88 for further investigation into the case of the learned Magistrate in consideration of the Memo No. 2088 (Noagaon) 924 dated 26.5.88 of the Police Inspector, CID Camp, Naogaon, and also Memo No. C/A 2485 dated 24.6.88 Police Sadar Daftar, Dhaka, a......e rest. 4. Mr. AKM Faiz with Mrs. Salma Masud Chowdhury and Mr. AM Fakhrul Alam, the learned Advocates appeared for the appellants and Mr. Md. Abdus Salam Mamun, the learned Assistant Attorney‑General appeared for the State. 5. At the outset the learned Advocate Mrs. Salma Masud Chowdhur......d the Court that there was direction vide order dated 4.7.88 for further investigation into the case of the learned Magistrate in consideration of the Memo No. 2088 (Noagaon) 924 dated 26.5.88 of the Police Inspector, CID Camp, Naogaon, and also Memo No. C/A 2485 dated 24.6.88 Police Sadar Daftar, D..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)

....the procedure for taking possession of these two categories of abandoned properties and the same runs as follows: "7.(1) Where any abandoned property is not in possession of any person, the Deputy Commissioner or the Sub‑divisional Magis­trate, or the authorised officer shall take po......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 ...... 7(3) of the said Order and prescribed by rule 3(8) of the Bangladesh Abandoned Property (Taking Over Possession) Rules, 1972 as quoted above. 15. Mr. MA Mannan, the learned Assistant Attorney‑General for the respondent No.2 candidly admits that no such notice was served upon the petitioners.......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 ..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

.... 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   ...... 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   ...... Involved: Maudud Ahmed with Azizul Haque and SK A Awal, Advocates—For the Petitioners. SR Paul with Bazlur Rahman Chhana, Advocates—Amicus Curiae Aminul Hoque, Attorney‑General with AFM Shahid, DAG and Syed Matiul Islam, AAG—For the State. Criminal Revision ...... 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   ..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)

....izul Hoque, Anjuman‑Ara‑Shelly & Shahina Salam Bari, Advocates‑For the Petitioner. SY Salehuzzaman with Fakrul Islam, Advocates-For the Respondents No.1 & 2 AK Mujibur Rahman, Deputy Attorney-General‑ For the Respondent No. 3. Writ Petition No. 67 of 1992. Judgmen......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.     ......man‑Ara‑Shelly & Shahina Salam Bari, Advocates‑For the Petitioner. SY Salehuzzaman with Fakrul Islam, Advocates-For the Respondents No.1 & 2 AK Mujibur Rahman, Deputy Attorney-General‑ For the Respondent No. 3. Writ Petition No. 67 of 1992. Judgment Md. Abdul......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.     ..

Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....he pay of a Secretary to the Government was fixed at Taka 3000.00 per month and then ultimately the pay of the Secretary was raised to Taka. 6000.00 per month in 1985. Similarly, the pay scale of the Deputy Secretary in 1973 was 850‑1650 With certain special pay and this pay scale was revised and ......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     ......hers Vs. Government of Pakistan and others decided 1991 SCHR 1041; Tariq Transport Company, Lahore Vs. The Sargodha Bhera Bus Service, reported in 11 DLR (SC) 140; Khu1na Shipyard Employees Union Vs. General Manager, Khulna Shipyard and others, 30 DLR 368; Zamiruddin Ahmed Vs. Government of Banglade......Bangladesh he served the Government of Bangladesh and retired on 3.3.1983 from the post of Secretary, Ministry of Finance, Government o Bangladesh. The petitioner No. 2 was appointed to the erstwhile Police Service of Pakistan on 7.1.1952 and after liberation of Bangladesh he served the Government o..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

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

....ivisional Estate Officer, Bangladesh Railways, enclosing two drafts for Taka 96,000.00 thus making full payment of Taka 4,20,000.00. P.W.1 has further proved a letter dated 2.7.81, Ext.1(g), from the Deputy Secretary, (Impl), Ministry of Textiles, according permission of the Government to the plaint......of Taka 4, 20,000.00 on 26.2.81 and getting into possession in part performance of the contract notwithstanding denial of delivery of possession by the sole witness of the defendants, D.W.1 MA Matin, Inspector of Railway. The land was acquired in 1911 for the Railway Company under the Land Acquisiti......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   ..

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

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

.... the detenu cannot be sustained.               4. The respondents did not file any affidavit‑in-opposition but the learned Deputy Attorney‑Generalopposes this application by making verbal submissions.   &nb...... 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.   ...... be sustained.               4. The respondents did not file any affidavit‑in-opposition but the learned Deputy Attorney‑Generalopposes this application by making verbal submissions.      &nb......ra Begum who happened to be 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 ..

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

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

.... thereby releasing the child at liberty in accordance with the expression that are in the constitutional provision namely Article 102(2)(b)(i) of the Constitution. 5. Mr. Hasan Arif, the learned Deputy Attorney‑General appearing in this Rule, has also taken great pains in referring to us a nu...... 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   ...... the child at liberty in accordance with the expression that are in the constitutional provision namely Article 102(2)(b)(i) of the Constitution. 5. Mr. Hasan Arif, the learned Deputy Attorney‑General appearing in this Rule, has also taken great pains in referring to us a number of decisions ...... 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   ..

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

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

....ed the case land by registered kabala in 1972 and have possessed the same. The boundary of the case land attached is to plot No. 281 and they instituted Misc. Case No.26 of 1981 before the Additional Deputy Commissioner, (Rev) Sylhet for mutation of their names and in pursuance of the report of the ...... 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   ...... 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   ......ing them not to interfere with the possession of the petitioner in the case land. 3. The learned Magistrate upon hearing the petitioner passed an order upon the officer‑in‑charge, Madyanagar Police Station for inquiry of the matter. The officer‑in ‑charge, Madyangar PS, visited the, pla..

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)

....be called “the Corporation". The Corporation was established under the Petroleum Corporation Ordinance 69 of 1974. The assessee for the assessment year 1981‑82 was assessed to tax by the Deputy Commissioner of Taxes, Companies Circle‑III Dhaka (East Zone), Dhaka on total income of Tak...... 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 ...... 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 ...... 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 ..

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   ......he hospital under treatment fill 24.5.81, We get from the first Final Report (True) dated 24.6.81 that the Medical Officer, Barguna reported that victim Meher Negar expired on 24.5.81 at 2:00 AM. Sub Inspector MA. Hossain held inquest on the dead body of Meher Negar on 24.5.81 at 10:00 AM, P.W. 1 Dr......accused has been represented before us by Mr. Basharatul Mowla, learned advocate engaged by the State on behalf of the absconding accused while Mr. AKM Shamsul Karim, the learned Assistant Attorney‑General appeared for the State. On behalf of the State the learned Assistant Attorney‑General rais......hat the accused had absconded. Informant P.W. 3 Abdul Wahab Khalifa got his daughter Meher Negar admitted in the hospital in an unconscious condition and lodged FIR on 22.5.81 at 3:00 PM with Barguna Police Station. We get from the evidence of P.W. 4 Anwara Begum (mother of Meher Negar) that on the ..

Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4