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Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....gation against her of high handedness, corruption misdemeanour, and the students of the school went on strike from 9.2.85 whereupon there was an enquiry of the affairs of the school by the Additional Deputy Commissioner (General) Dhaka, through Mrs. Jannat Ara Rashid, Assistant Commissioner, and Mag......ed in juxtaposition being closely interrelated. 2. In Writ Petition No. 1661 of 1989 the order communicated by Memo No. 133/ Dhaka/ DA/ 3618 dated 11.10.89 issued under the signature of the Inspector of Schools, Board of Intermediate and Secondary Education, Dhaka (respondent No. 2) has be......rit Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary 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&......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 ..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. ......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. ......sengers. The ejahar was read over and explained to the informant who admitted it to be correct and thereafter put his signature thereon. On the above allegations made in the ejahar, the O.C. Mirzapur Police Station, Md. Redwan Ali, recorded the F.I.R. and started the aforesaid case under Section&nbs..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......eling beyond the power and acting by arrogating to 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......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... 1971 during the abnormal situation which followed the petitioner was dispossessed from the said property. The petitioner claims that he made several representation to different authorities including Deputy Commissioner, Sub‑Divisional Officer, Assistant Commissioner and Secretary, Ministry of Wor......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. ......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. ..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
......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
......en made without lawful authority and the conviction and sentence of Mr. Shabir Hassan alias Bachchu, written in the judgment as Bachchu alias Sabir Hossain, son of MA Razzak of village Kalachandpara, Police Station Pabna, District Pabna is declared to have been passed without lawful authority.
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Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....51 SC) 481; Azizul Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers Involved: Mahabubur Rahman with Mrs. Ferdausi Shahab Advocates ‑ For the Petitioner. Shahabuddin Ahmad, Deputy Attorney‑General ‑ For the State. Writ Petition No. 1806 of 1992. Judgment ......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. ...... Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers Involved: Mahabubur Rahman with Mrs. Ferdausi Shahab Advocates ‑ For the Petitioner. Shahabuddin Ahmad, Deputy Attorney‑General ‑ For the State. Writ Petition No. 1806 of 1992. Judgment Anwarul Haque Cho......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. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
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
......
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
......o-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md. Awlad Ali, Advocate—For the Petitioner.
Obaidur Rahman Mustafa, Assistant Attorney-General—For the Respondent No.1
AY Salehuzzaman, Advocate—For the Respondent Nos. 4......is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No. 5 Road No. 6 Block E section 2 by lease deed dated 17.5.79. A m..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
....of the case we hold that the Rule cannot be sustained.
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.
......Hossain, Secretary of tile said samity calling upon the respondents, the Secretary, Ministry of Law & Justice, 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 i......ecretary of tile said samity calling upon the respondents, the Secretary, Ministry of Law & Justice, 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 or......of the case we hold that the Rule cannot be sustained.
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.
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Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....he expression person "in the Defence services of Bangladesh" as used in section 4(3) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981). 24. Mr. AF Hasan Ariff, the learned Deputy Attorney General, has pointed out that in the Government of India Act, 1935, as adopted by Go......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......rson "in the Defence services of Bangladesh" as used in section 4(3) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981). 24. Mr. AF Hasan Ariff, the learned Deputy Attorney General, has pointed out that in the Government of India Act, 1935, as adopted by Government of Paki...... "A person who is not in any one of the "defence forces" cannot be said to be holding a post in military capacity, so far as the service of Bangladesh is concerned ................Police force, though comes within the ambit of disciplined force' and does constitute the compon..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....is is an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh and is directed against a Memo No. SA/3‑C/1384 dated 27.4.92 issued by the Additional Deputy Commissioner (Rev.) Sylhet, so far as it relates to serial No.1 Shilakuri Group of Fishery wi......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 ......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 ......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 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....zi Alauddin Ahmed, respondent No. 5, one of the landlords of the petitioner who managed get all these actions taken by the respondent Nos. 1 and 2. Finally, the petitioner filed an application to the Deputy Commissioner, Madaripur stating all the facts but without any result. He was finally given an......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. ......pondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Writ Petit......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. ..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. ...... oil to LF, Santahar and directed the loco Foreman, Santahar to make over the said BTO Lo Traffic Department, Santahar for sending it to Phulbari in favour of M/s. Rahmat Bhander and accordingly Fuel Inspector, Khulna booked 11000 gallons of HSD oil in BTO No.40058 RMC No. 04361 dated 3.4.1976 in fa......e of sheer negligence of duty of the appellants, but for their negligent act the appellants cannot be prosecuted in such a criminal proceeding. 11. Mr. SA Hasan, the learned Assistant Attorney‑General appearing on behalf of the State, submits that die evidence adduced from the side of the pro......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. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....usband and her son Fakhrul were under treatment for long time because of their injuries. 4. As the police of Balaganj PS refused to register any case, the complainant filed a petition before the Deputy Commissioner Sylhet in pursuance of which the Additional Deputy Commissioner, Mr. Zaidi Satta......y of joinder of charges in such a case, section 235 (1) is relevant but the principle involved is more or less the same as in section 239 (d). The prosecution case against the accused, a Reserve Inspector of Police, was that he carne on a visit to ‘R’ and took into custody two perso...... Md. Khan Alvi PLD 1950 Lah (FB) 288; 5 DLR (FC) 161; 10 DLR (SC) 29; AIR 1954 (SC) 436; AIR 1963 (SC) 1850; 10 DLR 134; 16 DLR 349. Lawyers Involved: AW Bhuiyan Additional Attorney‑General instructed by, B Hossain, Advocate-on-Record-For the Appellant. (In Crliminal Appeal No......eds, the accused persons on reaching the PS started Balaganj PS case No. 2 (3) 75 against the complaint's husband, her two sons Gous and Fakhrul on false allegations. In the morning of 2.3.75 the Policemen of Balaganj PS mercilessly assaulted the complaint's husband and her aforesaid two son..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....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
......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
......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
......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
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Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
....ioner for his summarily eviction from the properties described in the said notice Annexure G purporting to be in pursuance of the decision in an earlier Writ Petition No.14 of 1974 Annexure E, by the Deputy Commissioner, Sylhet (Respondent No. 2) have been impugned,
2. The following are avermen......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.
......our Mill from the Government, Ministry of Food under Memo No. 1327 dated 25.7.75 and then he installed the requisite machinery at huge cost and got recognition as an Industrial unit from the Director General, Department of Industries, Government of Bangladesh vide Memo No. IP/PP/91 (10831)/83/505 da......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.
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Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....f another defeated candidate filed a Dispute Case No. 26 of 1990 under section 86 of the Co‑operative Ordinance, 1984 and the Registrar of the Co. operative Societies appointed respondent No.3, the Deputy Registrar (Shilpa) as Arbitrator who by the impugned award declared the election of the petit......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
......ute to the Arbitration and, as such, the whole proceeding before the Arbitrator was void and the reference made by the Registrar is also void.
6. Mr. Fazlul Huq, the learned Assistant Attorney‑General, on the other hand, submits, section 86 of the Co‑operative Societies Ordinance covers als......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
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Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....ng over responsibility to provide single phase electric meters to the consumers of electricity when it is the responsibility of such consumers to procure such meters.
17. Mr. Hasan Arif, learned Deputy Attorney- General appearing for the respondent No. 3, submitted that petitioner of Writ Petit...... 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
......ility to provide single phase electric meters to the consumers of electricity when it is the responsibility of such consumers to procure such meters.
17. Mr. Hasan Arif, learned Deputy Attorney- General appearing for the respondent No. 3, submitted that petitioner of Writ Petition No. 273 of 19...... 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
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....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 ......45), as respondent No. 1 Election Commission merely copied the name of the elected Chairman from the statement sent by respondent No. 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......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 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
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
...... the said order dated 10.6.90 forthwith or 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 ......sh, 34 DLR 77.
LawyersInvolved:
Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin and Mirza Hossain Haider—For the Petitioner.
Abdul Wadud Bhuiyan, Additional Attorney-General with Md. Delwar Hossain, Assistant Aiiorney‑Generat—For the Respondent Nos.1‑3.
......
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
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Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....ension of period of lease. The petitioner has riled the Government's order dated 8.5.91 (Annexure‑E) signed by the Assistant Secretary, Ministry of Land to show that the Government directed the Deputy Commissioner, Netrokona, respondent No. 2 to extend the lease in favour of the petitioner for......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
......In the said case it has also been held that unless the lessee has violated any condition the Government cannot arbitrarily cancel the lease.
7. Mr. AY Salehuzzaman, the learned Deputy Attorney‑General appearing for the respondent Nos.1‑7, draws our attention to the affidavit‑in-oppos......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
..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
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