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A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e law itself and need not be super added……….. (15) Public interest must effect directly the interest of a considerable section of the people All interest to be called a public interest must effect directly the interest of a considerable section of the people in the loc......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
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....the State. Writ Petition No. 1806 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 (2)(b)(i) of the Constitution of the People's Republic of Bangladesh and is directed against an order of detention issued by the Assistant Secretary......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
....ndent No. 6.
Writ Petition No. 118 of 1991.
Judgment
Anwarul Hoque Choudhury J.—This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against an allotment letter bearing Memo No. 5817 dated 30.8.19......
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
.... being non‑government employees in the Registration Department have no alternative and efficacious remedy except by way of an application under Article 102 of the Constitution of the People's Republic of Bangladesh.
9. The respondent Nos.1‑3 opposed this writ application by filing an af......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.
..
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)
....actories Board Ordinance, 1961 (Since repealed) are not civilian employees in any of the defence services but pure and simple Government Servants (i.e. persons holding civil posts in service of the Republic) serving under the said Board Under the said ordinance of 1961 and that the Ordnance Factorie......Gazette on 15 May 1961. The principal function of the Board was to manage and administer the affairs of the factories and to run them on sound commercial lines so as to adequately meet during war and peace the needs of the defence of the country and to utilise the surplus capacity of the factories t..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....ment which is illegal by itself cannot be enforced and as it cannot be enforced it cannot also be the basis of a contract. There cannot exist an agreement to waive an illegality because it is against public polity (AIR 1965 (SC) 1465). Cases Referred to- (AIR 1965 (SC) 1465) Lawyers I......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)
....r in course of his official duty after giving several opportunities to the petitioner to appear and that the Upazila Nirbahi Officer had normal official duty to safeguard the life and property of the public. 4. It is the further case of the contesting respondents that the rented premises was se......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
.... Tax Act, despite the fact that the entire amount of loan giving rise to the aforesaid interest was not utilised for the purpose of business of the assessee.
2. The respondent-assessee is a public limited company and carries on business in distribution of gas. For assessment years 1980‑8......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
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
.... contracts to supply meters to them. They further contend that in the import policy orders in question there are provisions to allow the import of the said goods from foreign countries for the use of public sector agencies in the projects to be implemented with foreign aids. In case of development p...... 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)
....wing the locus standi of the petitioner to file this Writ Petition, refers to Article 11 of Part 11 (Fundamental Principles of State Policy) of the Constitution which provides, inter alia, that the Republic shall be a democracy in which (effective participation by the people through their elected re......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
....ecial Original Jurisdiction)
Present:
Md. Abdul Jalil J
Naimuddin Ahmed J
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and oth......
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
..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....
Writ Petition No.1159 of 1991.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- This Rule Nisi was issued on 7th July, 1991 asking the respondent Nos. 1‑6 to show cause why the impugned publication made by the respondent No.1, Bangladesh Bank, represented by its Governor, Motijheel Com......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....ata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by its Secretary, Ministry of Information and four others .........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. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
....o collect the same from the petitioner preferably within the last day of Falgun, 1398 BS or at least within 8th Chaitra 1398 BS failing which he (Respondent No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....Coal Controller for breach of any of the terms and conditions of the contract and for their default in making the supplies in whole or in part and the decision of the Government of the People's Republic of Bangladesh in this respect shall be final and therefore once the Coal Controller has acted...... 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 Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
..... "It is clearly impossible to construe the expression "until further orders" as conferring absolute power of retention or dismissal upon the competent authority. The matter of public employment is governed by a complex of laws, commencing with constitutional instruments and e......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....lie was not permitted to leave out any part there from. In 32 DLR case it was held that contiguity' was snapped and right to pre-emption was barred when the "contiguity" was broken by a public path lying in between the pre-emptor's land and that sought to be pre‑empted on the gro......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....siderable direct evidence upon certain grounds which have been alleged to be not legitimate and proper, it was felt that the matter required looking into the evidence by this court in the interest of public justice. 15. The learned Deputy Attorney-General appearing for the State has submitted ......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....ion of the respondent that their services are governed by Article 135 of the Constitution. They are not protected under Article 135 of the Constitution as they are not persons in the service of the Republic. Mr. A Baset Majumder has referred to Act XLI of 1974 which provides for retirement of public...... 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
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
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