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....so Reported in: 46 DLR (HCD)(1994) 29
......ch Rule was issued and ultimately the said Rule was made absolute and against the order of the High Court Division, an appeal is pending before the Appellate Division.
7. In this Rule we are not called upon to decide the citizenship of the detenu-petitioner or as to whether he is a citizen of B...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
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Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....cting the said appellants along with 4 other accused namely A. Khaleque alias Khalekul Jamal, Islam and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and acquitting the accused Shakina Bibi. 2. Prosecution case, in short, is tha......covered the dead body and found the same to be of his brother victim Abut Kalam. It was further alleged that accused Rahim, Jamal, Bishu, Khaleq, Razzak, Sattar with the help of other accused persons called his brother away from the Hartidanga hat and killed him at night. On the above allegations th......t out in search of the victim on 24.12.87 and while going towards Hartidanga hat on the way met one Sakina, wife of one Tunsi who asked them to tell Khalek to meet her, failing which they will suffer loss of huge money and further heard that the daughter of Amiruddin P.W. 7 was said to have heard so..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)
.........................Petitioners Vs. Chairman, Court of Settlement and another........................Respondents Judgment June 24, 1993. Result: The Rule is made absolute. The listing of the properties in the (Kha) lists of abandoned properties and publicatio......der the said Order has been issued:" According to sub‑clause (b) as quoted above an abandoned property in possession of any person can only be included in the list of abandoned properties called as the (Kha) list in respect of which notice for surrendering or taking possession as abandon......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)
....is service at Kushtia and remaining sixteen charges related to that at Patuakhali, that he showed cause denying all the charges, that the Enquiry Officers found him guilty of misconduct in respect of some of the charges, that by the office order dated 5.10.82 the petitioner was directed to show caus......respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such ter......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
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....or most Advocate of the Bar was requested to assist the Court as amicus curiae. 3. Mr. Maudud Ahmed, the learned Advocate for the petitioners in Criminal Revision No. 1155 of 92 and 1679 of 92 also requested the Court to have the views of the learned Attorney ‑General in the matter. We have t......in the instant cases the appeals have been barred by limitation and an application under section 561A of the Criminal Procedure Code cannot be a substitute for an appeal. 7. Mr. Maudud Ahmed has called upon us to assess the evidence and come to a finding that the assessment made by tile Courts ...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.............................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is made absolute. The Constitution of Bar Association; Articles 3 & 4(5) The Bar Assoc......n the Supreme Court as an Advocate. 2. The case of the petitioner is that he is a duly elected Member of the Parliament and is acting as leader of the parliamentary party of Jatiya Party. He was called to the English Bar from Lincoln's Inn in 1966 as a Barrister-at-Law and was enrolled as a......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
....
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Peti...... on which such act or enactment should come into effect and for the fact that such effective date has deprived certain class of persons of the benefit of the financial measure, such measure cannot be called in question by terming such measure as violative of the equality clause as enshrined in Artic......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
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Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
...................................Petitioner Vs. State...................................................... Opposite Party Judgment January 20, 1993. Result: The Rule is absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193......- By this application under section 491 of the Code of Criminal Procedure the detention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execution of an orde...... 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
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....4, 87 of 1984, 90 of 1984, 92 of 1984, 93 of 1984, 94 of 1984, 95 of 1984 and 96 of 1984 passed on 16.1.1988 has been called in question. Along with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by the same judgment but the order in respect of the said case is not the subject mat...... 80 of 1984, 81 of 1984, 82 of 1984, 83 of 1984, 94 of 1984, 85 of 1984, 96 of 1984, 87 of 1984, 90 of 1984, 92 of 1984, 93 of 1984, 94 of 1984, 95 of 1984 and 96 of 1984 passed on 16.1.1988 has been called in question. Along with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....d.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a ......r an important piece of material evidence". 14. But in the instant case it does not appear that the finding of the learned Magistrate is vitiated by any such defect hence no interference is called for by the learned Sessions Judge under section 439A CrPC. 15. This view was in agreemen...... 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 ..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)
.... it earned was its profit and is taxable in the hand of the assessee. ....................(9) As the surplus, in the instant case, did not remain "in one passage of money in the form of one son of income," if even accepted, the same money entered in another passage in another form of ......to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products. It is a subsidiary company of Bangladesh Petroleum Corporation, hereinafter shall be called “the Corporation". The Corporation was established under the Petroleum Corporation......al income of Taka 10, 80, 03,751.00. The said amount was computed on the basis of the books of accounts produced by the assessee supported by audited balance sheet, the trading and the profit and the loss account. The Deputy Commissioner of Taxes while making the assessment treated a sum of Taka 8, ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....s punishable with death is entitled to be defended by an advocate provided by the Court in view of the provision made in Chapter XII of the Legal Remembrancer Manual, 1960 to the effect that every person charged with committing an offence punishable with death shall have legal assistance at his tria......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 ......ode which is punishable under section 302 of the Penal Code. As there is a possibility that before the occurrence there might have been some sort of alteration between the accused and the deceased or loss of temper by the accused, it cannot be held that it was a premeditated murder. If the deceased ..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)
....d of Intermediate and Secondary Education, and others...........Respondents [In all Writ Petitions] Judgment August 27, 1992. Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 199......hers representatives and Mr. Mir Noor Ali and Mr. ATMA Abdul Hye were elected by the guardians' representative to represent the guardians in the Special Managing Committee, in a meeting specially called for the same. A true copy of the resolution was annexed to the Writ Petition No. 4 or 1990 as......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
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....purpose. In fact, a confession of a co‑accused is not evidence under section 3 of the Evidence Act, but it may be used if it is found to be true and voluntary as against other co‑accused not as a solitary basis for their conviction but for the purpose of lending assurance to any other evidence f......s were examined under Section 342 of the Code of Criminal Procedure and at that also they pleaded not guilty and the makers of the alleged confessional statements further stated that the so-called confessional statements were obtained by the police from them through torture and coercion. T......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
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....angladesh and others………………………………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powe......rts of the 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 i......he original planned equity share in order to maintain the project and reschedule the financing arrangements of Dialogue Publication Ltd. and its sponsors including the petitioner suffered substantial loss as a result of not being able to reach phases II and III. 8. A legal notice was however se..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ued by the Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 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 o......ctor were asked to show cause or to explain the position but the explanation that was given was not satisfactory and they were asked to rectify the irregularities within 13.12.90. The Bangladesh Bank called further inquiry into the affairs of the company and the said inquiry reveals the same irregul......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
....her allottees of the said blocks have been enjoying the said vacant space as their passage and other amenities the petitioner and other residents very recently came to know that at the instigation of some interested quarters the respondents in violation of the terms of the aforesaid lease deed and i......
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
......t it is enough if the applicant discloses that he has a personal interest in the performance of the legal duty which if not performed or performed in a manner not permitted by law would result in the loss of some personal benefit or advantage or the curtailment of a privilege or liberty or franchise..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
.... the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expression "person in the Defence Services of Bangladesh", whether includes the petitioners who were employees......also acquitted on 28.4.92 by the Additional Sessions Judge, Gazipur. On 12.5.88 a charge of misconduct was drawn up against petitioner Serajul Islam Thakur under the said Rules and an explanation was called for from him as was done in the case of other petitioner. As the explanation given by petitio......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
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... arising under the contract will 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 ca......ed to participate in the auction dated 4.4.91. The petitioner participated in the auction held on 24.4.91 and came out successful at the highest bid of Taka 1,16,000.00. The petitioner thereafter was called upon to deposit the 50% bid money under the Rules and he paid Taka 58,000.00 on the spot agai......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
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....arned Divisional Special Judge found these appellants guilty of the charge under Sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more......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. ......lying and round excess in the stock of LF Santahar. As such a quantity of 4139 gallons or HSD oil mixed with SKO was found short in the stock of LR, Sanwhar and the Railway Department had sustained a loss of 4139 gallons of HSD oil valued at Taka 41,390.00 which the accused persons dishonestly misap..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
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