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....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
......infirmity of their body and mind. According to the petitioners, apart from a statutory obligation of the State the superannuation pension is aimed at providing the retired government employees a life free from want, of decency and self‑respect, and according to the standard equivalent to their pre......retirement irrespective of their respective dates of retirement. In short, they claim pension to be calculated on the basis of "presumptive pay" or the existing pay as on 1.6.85 of the post from which they respectively retired. There was another petitioner, namely, the petitioner No.4, who......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
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 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. ......grounds of detention. It also appears to us that the learned Deputy Attorney General has been correct while submitting that at least ground Nos.4, 5, and 6 disclosed specific activities and were free from vagueness and indefiniteness and these three grounds did not deprive the detenu of his rig...... case cannot be a bar against applying the law of preventive detention against a person if the detaining authority is satisfied that it is necessary to detain the detenu with a view to preventing him from committing "prejudicial act" as defined in section 2 (f) of the Special Powers Act, 1...... 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. ..Category: Criminal Law | Date: 20 Jan, 1993 | 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. ......t filled up at all. There is nothing in the statement to show that the accused was given any time for reflection. In Order to ascertain whether the accused was prepared to make a statement of his own free will, the Magistrate is required under Paragraph 5 to examine the accused by putting various qu......ours with the O.C. Mirzapur P.S. is briefly as follows: 3. The informant P.W.1 was a passenger of Bus No.Dhaka-Ja-3508 Rupashi Paribahan. He got up in the said bus at about 18:00 hours on 9.5.86 from Mirzapur Bus-stand for going home. The said Bus left Mirzapur for Safipur. One miscreant in the......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. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
....
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
......he Master plan of the Mirpur Housing Estate. The vacant space in between Block E & F of the Section 2 in fact was preserved in the Master plan for proper sanitation, light and ventilation and for free air for the residents of the area.
3. It is the further petitioner's case that subsequ...... standi to challenge any change in the master plan made by violating the expectation and the representation made by the lessor initially at the time the plots were leased out and any deviations from it would be a violation of a promise which has been acted upon the lessor, hence need be restra......
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
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
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 ......nd catching and selling and marketing them. The Shita Kuri Group Fishery is situated within upazila Golapganj District Sylhet and is a closed fishery, leased out for three years term basis. It became free for fresh lease with effect from 1398 BS. There was no fishermen co‑operative society interes......l not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right when it would be inequitable to do so. Waiver must originate from an agreement— Waiver is an agreement, though can even be expressed by conduct,......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
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. ......ns Judge after hearing this application by his order dated 7.5.90 rejected the same prayer on a finding, inter alia, that there is a kabinnama showing marriage of the girl with the accused out of her free will and in case of kidnapping offence committed if the victim girl is below 16 years of age an.......3 to his father’s house after dusk. The victim girl did not return in time, so informant’s son inquired about her sister at different houses but did not find the girl there, when he came to know from the neighbours that accused No.3 along with others have kidnapped the victim girl for illegal a......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. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... 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 ......ntioned in clause 3 and it is stated therein that volatile matter would be 30‑40% maximum, fixed carbon 43‑47% minimum, sulphur 0.5 to 1% maximum. It further provided that the steam coal shall be free from stone, and other foreign matters, be of the size namely (i) 50 mm and up 50% about (ii) 25......he Appellant Rafique‑ul Huq with MA Samad and Anjumanara Sheli, Advocates‑For the Respondent No.1 Dr. Rafiqur Rahman with Tariqul Hakim, Advocates‑For the Respondent No. 2 Appeal from Original Order No. 354 of 1990 along with Civil Rule No.269 (FM) of 1990 and Civil Revision No....... 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 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......ke, by separate writ petitions, challenged the orders of termination alleging that they were punished in the garb of termination that it was not a case of termination simpliciter but it was dismissal from service without serving any show cause notice or assigning any reason, that the order of termin...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......votes when there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commission has got power to organize, conduct and hold election in a free and fair manner and direct re-poll in an appropriate case to ensure free and fair election but ......n 4 out of 87 Centres, (polling stations) but the learned judges, after hearing the parties, dismissed the petition and discharged the rule issued thereupon earlier. He is now seeking leave to appeal from that order of the High Court Division, dated 24 May 1990. 2. Election was held in 87 Cent......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......two grounds. One ground is that 'admission' under suspicious circumstances is not an admission at all and that title cannot pass by mere admission. Admission, he has argued, must be clear and free from any ambiguity if it is to be used as substantive evidence against its maker. He has emphas......nt retained a small number of shares, that is, the balance-1817 shares only-in his name; nevertheless he was allowed to draw his full remuneration as a Director. It was contended that after returning from India in 1977 the respondent, out of sheer greed and rapacity for money, and prompted by evil m......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......t the time of occurrence. The accused also took away cash money amounting to Taka 1, 170/‑, a gold ring valued at Taka 1,000/‑ and a wrist watch from the victim. The victim managed to get himself free from the accused and ran and jumped into a pond to save his life. On hearing hue and cry people......in accordance with certain remarks passed in the body of the judgment. 3. The prosecution case was that on 9.3.86 at about 6 PM as the victim Abdul Majid, son of the informant was returning home from the nearby Nayadighi Bus Stand, the petitioner Fazal tied both the hands of victim Majid with g......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......Criminal Motion No.235 of 1986 before the Sessions Judge, Rajshahi stating that she was sui juris having attained the age of 16 years. She married the said Md. Aslam, Sarker on 30.6.85 out of her own free will and volition. They are since living as man and wife. The marriage has been consummated and...... by a medical board was not modified. It remained as it was on 1.10.95. 7. Against the order dated 17.9.86 the appellant preferred Criminal Revision No.375 of 1986 and obtained a Rule on 25.9.86 from a Division Bench of the High Court Division, Dhaka which, however, refused to grant the prayer ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......fficient doubt regarding the prosecution case. He next contends that PWs 5, 6 and 7 were shown in the seizure list as witnesses and as such their examination in court to prove the seizure list is not free from doubt. He seriously urged that from the evidence it appears that the Engineers of BADC ide......Powers Act Case No.12 of 1982. 2. The prosecution case in short is, that the informant Abdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......hat Uma Rani Malakar was his 5th issue and her horoscope was given to the police. In cross-examination he stated that in his village Muslims are majority. He mixed with them. Uma Rani read in the free primary school where both boys and girls are reading together. His eldest daughter was marrie......ment and order of acquittal dated 29.1.89 passed by the Additional Sessions Judge and Special Tribunal, Gazipur, in Special Tribunal Case No.13 of 1986 acquitting the accused-respondent Nos.4 and 5 from the charge under section 366A of the Penal Code read with section 4 (b) of the Cruelty to Women......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......3. On 18.3.86 statement of the detenu was recorded under section 164 of the Code of Criminal Procedure wherein she stated that she accepted the religion of Islam and married Nawshed Bepari out of her free will and without any threat, force or inducement from any quarter. 6. As the offence under......r Vs. The State, 15 DLR (Dhaka) 148 has got full application in the facts and circumstances of this case. ............(18) For the purpose of section 366A, minority of the girl should be counted from 16 to 18 years that means the girl must not be less than 16 and must not be more than 18. So, i......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......absence of any positive material to the contrary the presumption of correctness of recording the confessional statement upon observing all formalities can very well be inferred that the accused would freely and voluntarily confess their guilt, recorded their confession and that the accused also......that the truck met with an accident at Gohail on Bogra Natore road and they all went and found a truck there with Number T-813 and it was noticed by them thatthere was an attempt to change the number from 813 to 810. On further enquiry they came to learn that there were four persons in the truck and......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......ahidul Islam married me on 19.6.88 before a Kazi under a duly executed Kabinnama. I am aged more than 18 years. As I am a major aged more then 18 years I am competent legally to marry any one of my free will. I voluntarily became Muslim and also married accused Shahidul Islam of my own free will. ......ashem, accused Samaruddin and accused-Baten to show cause why the girl Miss Ranjana Rani Das, daughter of the petitioner should not be released to the custody of her petitioner father Sukhendra Das from the Narayanganj Jail.
2. In this case on behalf of accused Md. Shahidul Islam, Abul Kash......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... securities has got no substance. Under the provisions of section 176 of the Contract Act, 1872 as well as under the terms of the transactions the defendants entered into with the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will r......under the terms of the transactions the defendants entered into with the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will refrain from making any officious direction that the Bank should follow a particular security or collateral....... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......onfinement not only in jail, but in a house, or stocks, or to holding a man in the street, etc. for in all these the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times." 12. In his treatise Law Lexicon with Lega......ion Report with the Kotwali P.S. Rangamati against the accused appellant Jalaluddin Ahmed Chowdhury on the accusations, inter alia, that the accused, a Tax Collector of Rangamati Pourashava, realised from different Tax payers of Reserve Bazar and other places a sum of Taka 893.10 in between the pe......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ...... Muth to recover possession of certain land which fromed part of the endowment of a Hindu temple attached to the Muth and had been granted by the predecessor to the defendant by a perpetual rent free lease in consideration of a small sum of money paid at the time. The Board overruled the c......the Mutawallis Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury. He submitted a complaint to the Wakf Commissioner demanding the removal of the said Mutawallis. The said two Mutawallis resigned from their office on 2-7-1941 by submitting letters of resignation Exts.7 and 7 (a). In terms of the......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
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