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Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)

....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ......ivil proceeding, although the High Court’s jurisdiction in such a proceeding is constitutional jurisdiction of an original kind. 10. Similar view has been expressed by the Supreme Court of India in the case of SAL Narayan Row and another Vs. Ishwarlal Bhagwandas and another reported in AI..

Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10

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)

....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     ......ent of Bangladesh and another................Respondents Judgment March 1, 1993. Result: This Rule is made absolute. Cases Referred to- DS Nakara and others Vs. Union of India, reported in AIR 1983 (SC) 130; 43 DLR 424; 44 DLR (AD) 111. AIR 1974 (SC) 2349; AIR 1980 (SC)..

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.   ......d is based." 12. It appears from paragraph 10 of the judgment that the learned Division Bench of this Court while deciding the case simply referred to an observation of the Supreme Court of India in a case reported in AIR 1972 at page 2256. The learned Division Bench does not appear to hav..

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

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

.... 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   ......here an allegation of an illegal custody had been asserted even by the former husband but father of the child, the child being only 4 years of age, a petition nature is competent. 4. A number of Indian decisions show that this nature of petition would be competent and handing over the child to ..

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

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

.... 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   ......the kabala deeds and the records and the points raised by the learned Advocates of both the parties and in the cited decision there being a consistent finding of this court and the Superior courts of India and Pakistan the High Court should not interfere with the finding of possession on proper evid..

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)

.... 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 ...... another 96 ITR 1; Navnitlal C Javeri Vs. KK Sen, Appellate Commissioner of Income Tax, 56 ITR 198;  CIT Vs. Travancore Sugar and Chemicals Ltd, 90 ITR 307; Jain Brothers and others Vs. Union of India and others, 77 ITR (SC) 107; Tata Iron & Steel Co. Ltd. Vs. Union of India and others, 75 ..

Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6

State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)

....; Saidur Rahman Vs. State, 40 DLR (AD) 281); Gul Hassan and others Vs. The State, 21 DLR (SC) 89 = PLD 1969 SC 89; Dipok Kumar Sarker Vs. The State, 40 DLR (AD) 139; Pakala Narayan Swami Vs. The King Emperor (1939) 56, Indian Appeals 66 (76); Lutfunnahar Vs. The State, 27 DLR (AD) 29. Lawyers I...... State, 40 DLR (AD) 281); Gul Hassan and others Vs. The State, 21 DLR (SC) 89 = PLD 1969 SC 89; Dipok Kumar Sarker Vs. The State, 40 DLR (AD) 139; Pakala Narayan Swami Vs. The King Emperor (1939) 56, Indian Appeals 66 (76); Lutfunnahar Vs. The State, 27 DLR (AD) 29. Lawyers Involved: Basha..

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

Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)

....……….(8) Cases Referred to- Nurul Haque and others Vs. The state, 20 DLR page 780; Md. Azad Shaikh alias Azad Sk. Vs. The Slate, 41 DLR page 62; Nazir Ahmed Vs. The King Emperor, AIR 1936 P.C. 253; Sarwan Singh Rattan Singh Vs. State of Punjab, PLD 1957 (SC)(Ind) 555; M......p;and 364 of the Code of Criminal Procedure have been considered and interpreted in a number of decisions by this court and also by many other superior courts of this subcontinent including Indian Jurisdiction. Let us now refer to some of them in this connection. In the case of Nurul Haque..

Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....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.   ......d is of no legal effect. 2. The case of the petitioner is as follows: The petitioner is a national of Bangladesh and is in the service of Bangladesh Jute Mills Corporation. He migrated from India in 1947 for permanent settlement in the then East Bengal, now Bangladesh. He has been living i..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....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. ......page 1297; Alijan Mian Vs. District of Dhanbad; Mrs. Anwara Begum Vs. Government of Bangladesh, 30 DLR at page 131; Soagiti Chowdhury Vs. State of West Bengal, AIR 1972 (SC) 168; Bhimsen Vs. Union of India, (AIR 1951 SC) 481; Azizul Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers In..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....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   ...... (that is government servants serving under the Ordinance Factories Board.) Cases Referred to- Abdul Latif Vs. Bangladesh, 43 D.L.R. (HCD) 446; A.I.R. 1964 SC 600; L.R. Khurana Vs. Union of India. A.I.R. 1971 (SC) 2111; Union of India Vs. K.S. Subramanian, A.I.R. 1976(SC) 2433; Bangladesh ..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....ustify a joint trial under that clause is that the accusation must be of the commission of different offences in the course of the same transaction. 21. In the case of Babulal Chaukhani Vs. King Emperor AIR 1938 (PC) 130, section 239 (d), particularly the question whether the correctness of the......saction" occurring in section 239 (d) in the case of Ata Muhammad Khan Alvi PLD 1950 Lahore (FB) 288. Munir CJ after noticing the aforesaid Privy Council decision and many other decisions of the Indian High Courts observed: "The word "transaction" has not been defined in ..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

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 ...... Commissioner of Income Tax (MP), 103 ITR 813; AP‑I Vs. Warner Hindustan Ltd. 145 ITR 24; CIT Vs. Kanan Devan Hills Produce Company Ltd. 119 ITR 431; CIT Vs. Alkali and Chemical Corporation of India Ltd. 158 ITR 58; Tennant Vs. Smith, 3 TC 158; Corry Vs. Robinson, 18 TC 411; Brij Lal Jajoo Vs..

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 ......hahad 668; Ughandi Mudafi Vs. Regavachari and other, 1906 ILR Vol. 29 Madras 307; Muhammad Reza and others Vs. Abbas Bandi Bibi, 1931‑32; Achuta Ram and others Vs. Jainandan Towary and others, 1926 Indian Case Vol. 96 at page 287; H and Fabric Limited Vs. Mallik Textile and others, 1985 BLD 271; R..

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)

....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. ......d that the plot No.6436 was not a cultivable land but a place of the shopping centre in the best commercial area within Sylhet Municipality. Rakesh Chandra Kar and others abandoned the land, left for India long before the final publication of the last Khatian. Duraram Upadhyaya had no right, title o..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

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 ...... February 12, 1992. Result: This Rule is disposed of. Cases Referred to- Civil Appeal No.35 of 1987 (Mujibur 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 Abedi..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

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. ......Referred To: Bar Council of Maharashtra Vs. M V Dabholkar, AIR 975 (SC) 2092; The Bar Council of Maharashtra Vs. MV Dabholkar, AIR 1976 (SC) 242; Fertilizer Corporation Kamgar Union Vs. Union of India and others, AIR 1981 (SC) 344; S.P. Gupta and others Vs. President of India and others, AIR 19..

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

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

....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. ......, (Kha‑20) from the 'Kha' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul H..

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. ......llants. 2. The prosecution case, in brief, is that the accused appellants were caught by the Law Enforcing Agencies while trying to smuggle out some cloth of various origin across the border to India. On that allegation the accused-appellants were tried by the Additional Sessions Judge, Anti-S..

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

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

....ould amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accusations. That is why their Lordships of the Judicial Committee in the case of Emperor vs. Nazir Ahmed expressed a word of caution that the Court might be acting on treacherous gr......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. ..

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