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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   ......ce, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......oetus (having size of 16 weeks) with placenta. He P.W. 1, opined that death in his opinion was due to shock and hemorrhage as a result of the aforesaid injuries which were antemortem and homicidal in nature. 4. The seizure list which was made by Sub Inspector Azinain Hossain on 23.5.81 in the r..

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

Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)

....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     ......nsequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ......e) Rules are being disposed of under this judgment as they are closely related. As a matter of fact the Rule No. 2514 of 1992 is an off‑shoot of the Rule in Writ Petition No. 4 of 1990 being in the nature of a show cause notice upon an application for vacating the order of this Court staying the o..

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.       ......wn the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ...... not aware of other articles which had been looted away by the dacoits from passengers. 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. R..

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.   ......no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ......of 48, Warley Street, London W 1, Dr. Wallace Brigden and Dr. Leech of 45 Wimpole Street, London WI and Dr. AJ Simon of 71 Part Street London W 1 for his ailments which are of serious and complicated nature. The petitioner's wife who is originally from Tripoli, Lebanon belongs to the well known ..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)

....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ......er court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ...... Vs. Jahanara Hassan and another..............Opposite Parties Judgment July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by reg..

Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1

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. ......connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......ty might well feel that though there was not sufficient evidence admissible under the Indian Evidence Act for securing a conviction, the activities of the person ordered to be detained were of such a nature as to justify the order of detention and there would be no legal bar to the making of detenti..

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

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

.... 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 ......truction 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 application of an allottee, observed in the relevant portion of the judgment, thus: “It is clear from the above that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough if the applicant dis..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)

....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ...... is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz Mohammad, Advocate‑For the Respondent Nos.2, 5 &......ppears that it was signed on 1.3.86, but that it was filed before die court on 31.1.90 by defendant No. 2 alone and not by any other parties. It further appears that the solenama does not bear the signature of any lawyer of any of the parties. No application was filed by defendant No. 2 through any ..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1

Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....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. ...... 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. ......f Tax Collecting Muharrar. 3. The petitioners have given a background of their appointment of Tax Collecting Muharrar. The then Government of East Pakistan by an order dated 23.7.66 under the signature of Inspector General of Registration sanctioned non‑ Government post or BD Muharrars (basic..

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)

....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   ......t, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ......the similar rank will not vitiate the proceedings specially in view of the fact that the expression "being senior in rank, as far as possible" indicates sufficiently that it is directory in nature. 22. The learned Advocate for the petitioner next argues that as the Ordnance Factories ..

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

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     ...... this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ......do so. Waiver must originate from an agreement—  Waiver is an agreement, though can even be expressed by conduct, to realise or not to assert a right and is, thus, contractual in nature and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Fur..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

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.   ......ail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......ked Ext. 29 in finding the guilt of these appellants, but that enquiry report has not disclosed any criminal act of intention of these appellants. The learned Advocate contends that in a case of this nature the prosecution is bound to prove the criminal intention or the offender and unless that is p..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

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 ...... raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ...... payments made by the employer are salaries. We are afraid to accept such view as it will lead to an absurd interpretation of Explanation‑I of section 10(4) (d) as all payments, irrespective of its nature made by an employer, will rank as salary and no other expenditure can be left to be treated a..

Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8

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. ......xure 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. ...... suit for declaration of tide and cancellation of the petitioner's registered kabala and other deeds in view of decision of the Appellate Division, setting down principles governing cases of this nature. 10. This petitioner had sent a notice demanding justice to the respondents before obtai..

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

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   ......rmation and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395   ......ute raised by a voter or a defeated candidate in his individual capacity under the Statute. It determines the private rights of two persons to the same office, but a proceeding for information in the nature of quo warranto is invoked in the public interest. The latter seeks to determine the title to..

Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2

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         ......d Others................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such ......come to a finding that such amendment or alteration is necessary for determining the real question in controversy between the parties and further that such amendment or alteration does not change the nature and character of the suit or the same is not inconsistent with the earlier pleadings or it do..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....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. ......rence by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ...... appointed if the said terms and conditions were acceptable to him and the applicant Sekendar Ali Howlader had conveyed his willingness to accept the job on the said terms and conditions under his signature (vide Exbt.A) which is a copy of the appointment letter. It is in this backdrop, urged that t..

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

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. ......cordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......or who is not an accused or an alleged offender, is section 27 of the Bengal Children Act 1922 (Bengal Act II of 1922). It is curious, however, that this act too does not contain any provision of the nature contained in section 14 of the Bombay Children Act (Bombay Act XIII of 1924) which enables th..

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

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 ......ercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power and done in violation of the contract and mala fide, could be a matter for arbitration reference. The la......ntee. 2. It is the case of the petitioner‑appellant namely, the Coal Controller that opposite party No. 1, namely Ventura Industries Limited did not fulfil the condition of the contract in the nature of supply of coal and, as such, the Coal Controller demanded payment of damages which the sup..

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

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......ctively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......arties and the relevant papers filed that the petitioner while in custody his Mill was transferred to a third party and after such transfer the petitioner was released. It further appears that the signature of the petitioner was obtained when he was in custody. 13. From Annexure‑'I' to the affi..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184