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Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... case. He visited the place of occurrence, made a surat‑hal report of the dead body of the victim, prepared a sketch map with index and sent the dead body of deceased Kalam to morgue at Naogaon for post mortem examination and report. He also examined some witnesses under section 161 CrPC, seized s......e is to the effect that some overt act by each of the accused is necessary in the commission of the crime by two or more persons but in the case of application of section 149, if one is found to be a member of the unlawful assembly for the commission of a crime, whether he takes active part in it or...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......ules, 1972 and the same runs as follows: "3(8) The notice referred to in clause (3) of Article 7 shall be in Form No. 11 and shall be served on the person in possession or on any adult male member of his family or, where none of them is available or they refuse to receive the notice, by af......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....he orders dismissing him twice from service. 2. Petitioner's case is that he is an officer under Bangladesh Power Development Board, that he served as the Resident Engineer equivalent to the post of an Assistant Engineer in charge of electricity supply at Kushtia from March, 1976 to March, ......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 ......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 ......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 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....ities to its members for conducting the profession using books and journals and other facilities in connection with the profession. It cannot interfere with the private conduct of a member. The post of Minister or Vice President held by the petitioner had nothing to do with his profession as a......nt April 21, 1993. Result: The Rule is made absolute. The Constitution of Bar Association; Articles 3 & 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Co......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....so office‑bearers of the above association have mainly claimed superannuation pension for all pensioners on the basis of calculation of their pension according to pay as on 1.6.85 of the respective posts which the pensioners held at the time of their retirement irrespective of their respective dat......1960 and a non‑political, non‑profit, voluntary organisation could not have any standing to challenge the pension rules of government employees as these rules did not affect the said Society. Its members consisted of public‑spirited citizens who took up the cause of ventilating legitimate publ......, Government 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 ...... of Article 102 of the Constitution. It is, therefore, entitled to maintain this writ petition.
22. We have noticed the decision reported in 43 DLR 424. In this case, the Bangladesh Sangbadpatra Parishad which was an association of newspaper‑owners as petitioner challenged the decision of the..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......e, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short, are, that plaintiffs, who are the members of the Executive Committee of Jinardi Union Unnayan Parishad, filed the suit with the averme......smissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short, are, that plaintiffs, who are the members of the Executive Committee of Jinardi Union Unnayan Parishad, filed the suit with the averment, inter alia, that the said Jinardi Union Un......uit for specific performance of contract.
2. Facts out of which the present appeal arises, in short, are, that plaintiffs, who are the members of the Executive Committee of Jinardi Union Unnayan Parishad, filed the suit with the averment, inter alia, that the said Jinardi Union Unnayan Parishad..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
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 ......sult. The child was taken by the scooter driver along with respondent husband. The petitioner No. 2 thereafter tried to contact the respondent but she failed. The petitioner also tried to contact the members of her in‑laws families but to no result. Instead, she received telephone calls with threa...... 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 ......etitioner was also told that she ought to remember that respondent works in the defence service and it would not be easy to get anything from him. The petitioner then approached the Bangladesh Mahila Parishad for protecting her child and the Mahila Parishad is petitioner No. 1 along with this petiti..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 ...... 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 ......res of land and was kept in the jimma of Hatem Ali, UP Member and the remaining paddy of the case land which was not at the Jute harvested kept in the jimma of Nurul Islam, Ex‑Chairman of the local Union Parishad. 5. The opposite parties 1‑4 on receipt of the notice appeared before the lear...... land and was kept in the jimma of Hatem Ali, UP Member and the remaining paddy of the case land which was not at the Jute harvested kept in the jimma of Nurul Islam, Ex‑Chairman of the local Union Parishad. 5. The opposite parties 1‑4 on receipt of the notice appeared before the learned Ma..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)
....swer in the finding of the Tribunal which, as a matter of fact, found "so it is apparent that no agreement was executed during the accounting year covering the period 1.7.1980 to 30.6.1981. Such post‑dated agreement can have no validity in the eye of law as it was not executed during the acco...... 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 ......dhaya and 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 ot...... 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 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....tfor Rahman, Medical Officer, Modernised Sadar Hospital, Patuakhali received the dead body of Meher Negar through two constables (Jalaluddin and P.W. 2 Alauddin) of Barguna Police Station and he held postmortem examination on her dead body and found four incised stitched up wounds on the fold of vau......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 ......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 ......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 ..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)
....e owners of the industrial concern in question and such Tights cannot be taken away by the exercise of locus poenitentiae. In the instant case, the Petitioner having obtained a right to join her post since there was a resolution both of the Appeal and Arbitration Committee and the Board reinsta......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 ......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 ......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
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....was original lessee of the Government as the petitioner's name was Abdur Rouf Khan and also submitted that the original lessee who was Abdur Rouf had left for Pakistan and the petitioner was an imposter and had no locus standi to file the case, When the petitioner found that his very locus stand......ice 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 in Dhaka as a permanent resident with the members of his family. He obtained a Domicile certificate on 26.1.1950 from the District Magistrate,......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
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. ......8.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen of Bangladesh. He is an educated, responsible member of the society engaged in the industrial and commercial activities. He is the chairman and di......82 SC at 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. L......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
....eral of Registration, Dhaka and District Registrar, Dhaka to show cause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the permanent posts of Muharrars shall not be declared illegal, void and without lawful authority.
2. The pet......s and paid from the Govt. fund, whereas the Tax Collecting Muharrars were paid a fixed pay from a special fund of the Inspector General. So it cannot be said that there was discrimination amongst the members of the same class in the matter of proposed appointment. The Extra‑Muharrars and Tax Colle......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.
......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)
....shed under the Ordinance Factories 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 ......id Civilian Employees in Defence Services (Classification Control, Appeal) Rules, 1961, by the Board, for the disciplinary matters of the employees of the said Board, the said employees do not become members of the defence services or members of services in connection with the defence. The expr......ies Board (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; Ba......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 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
....for its decision the Tribunal now is required to state all relevant facts upon which its decision rests in order to make its order a self-contained one so that on reference the High Court Division is posted with such facts and can see how the question has been dealt with by the Tribunal raised befor......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
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
....a Samity Limited had been nominated as Chairman of Bangladesh Jatiya Palli Unnayan Samabaya Federation for a period from 1.8.87 to 23.10.88 on 25.9.90. The petitioner received nomination form for the post of Chairman of Bangladesh Jatiya Palli Unnayan Samabaya Federation and filed the same on 30.9.9...... (Annexure‑1 to the petition) declaring the election of the petitioner as void, should not be declared to have been made without lawful authority.
2. The case of the petitioner is that he as a member of Kalagachia Krishak Samabaya Samity Limited had been nominated as Chairman of Bangladesh Ja......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
......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
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
.... (and Project Implementation Officer), Shibchar Upazila, District Madaripur for information and to respondent No.7 Md. Ali S/o. A Aziz, Village Char Bhadrasan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is al......ction was held on 22.1.92 and respondent No. 7 was shown elected as the Chairman of the said Union Parishad by securing highest votes in the election. After the result of the election of Chairman and members of the said Union Parishad had been declared, respondent No. 6 Returning Officer prepared a ...... Writ Petition No. 699 of 1992. Judgment Fazle Hussain Mohammad Habibur Rahman J.—The petitioner Younus Chokdar who is a voter (being voter No.379) in Ward No.1 of Bhandari Kanda Union Parishad, Shibchar Upazila, District Madaripur, prays for issuance of a Rule Nisi calling upon......Writ Petition No. 699 of 1992. Judgment Fazle Hussain Mohammad Habibur Rahman J.—The petitioner Younus Chokdar who is a voter (being voter No.379) in Ward No.1 of Bhandari Kanda Union Parishad, Shibchar Upazila, District Madaripur, prays for issuance of a Rule Nisi calling upon the r..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....itioner counting the period of their services rendered at Mujibnagar during the war of liberation towards fixing seniority and treating the period of their absence before their joining in the present post after liberation as leave without pay although they were appointed afresh after the petitioner&......
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
......
Judgment
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) Zai......
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
.... case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation in his post. Accordingly, he applied for confirmation but no order has been passed as yet.
4. On the a......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.
......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.
......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.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
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