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.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......gment in the Miscellaneous case for pre‑emption, it appears that the petitioner is the owner of the acquired land on the basis of his purchase from the admitted owners and a co‑sharer in the case holding sought to be acquired and has a right to protect his interest against any illegal acquisitio..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......oner was victimized as he was a member of the opposite camp of the Bangladesh Biman Workers Union. 3. Thereafter one Md. Jahangir Alam was appointed as Administrative Officer (Investigation) for holding enquiry and the petitioner was found guilty of the charges brought against him. Consequently..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ...... been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has filed this application asserting as the rightful owner in occupation of the said holding with a semi-pucca structure thereon by virtue of an agreement to purchase from Ali Mohammad ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ...... this Appeal by the Defendants. 6. Mr. Asrarul Hossain. the learned Advocate appearing on behalf of the Defendant-Appellants, has contended that the learned Subordinate Judge erred in Law in not holding that the suit was barred by limitation and. as such, the decree was liable to be set aside. ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... 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 ......er, allowed the prayer and sent down the case records to the learned Magistrate for further investigation of this case. The said Mr. MK Bhattacharj the Police Inspector CID Naogaon camp after himself holding the further investigation submitted supplementary charge sheet on 26.7.89 implicating the VD..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 ......85 (Ordinance No. LIV of 1985) against the respondent No. 2 Bangladesh, represented by Secretary, Ministry of Public Works and Urban Development, challenging the inclusion of a house property bearing holding No. R/29 within Block‑'D' of the Mohammadpur Housing Estate, Dhaka, in the 'Kh..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)
....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 ......cle 102 of the Constitution for enforcement of the Civil rights, it is a civil proceeding. 12. Having come to the conclusion that a writ proceeding is a civil proceeding we find no difficulty in holding that the principles contained in the Code of Civil Procedure can suitably be applied to the ..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)
....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. ......a member. The post of Minister or Vice President held by the petitioner had nothing to do with his profession as a member of the Bar Association. The Association cannot impose any restriction towards holding of such post. The Bar Council did not at all consider that the resolution directing the peti..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....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
......a government employee was receiving immediately before his retirement nor its effect on the rate of pension of the retirees after upward revision of the scale of pay of the post which the retiree was holding before his retirement, is violative of the equality clause as enshrined in Article 27 of the..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....nshkhali. The learned Assistant Judge, however, on contest came to the finding that the land was not sold for economic distress as the Bainapatra for sale was executed in 1970 and the land was not an agricultural land but homestead land. 3. Mr. Ahsanullah Chowdhury, the learned Advocate for the......he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ..Category: Civil Law | Date: 15 Feb, 1993 | 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 ...... 3. The Assessee company took appeal against the order of assessment to the Appellate Joint Commissioner of Taxes. The Appellate Joint Commissioner of Taxes deleted the addition from the total income holding that "the windfall gain from price differential surplus was transferred in the hands of..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
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. ......the occurrence of the said dacoity, the learned Assistant Sessions Judge on consideration of their evidence and having relied upon the same has passed the impugned judgment of conviction and sentence holding, inter alia, that the alleged dacoity has been committed at the time, place and in the manne..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. ......tion for non‑prosecution without deciding the issue. In the instant case, the Court of Settlement dismissed the application for non-prosecution and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in..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. ...... in preventive detention and can be simultaneously prosecuted before a Tribunal as provided under the Special Powers Act for any offence which is alleged to have been committed under the same Act and holding further that under the provision of the Special Powers Act a person may be prosecuted for a ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
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. ......promise of the suit and submitted a solenama in court at the time of hearing of the suit which has been marked as Ext. "A" but that the learned Subordinate Judge did not accept the solenama holding that the solenama has not been acted upon. It is the case of the defendant‑appellant that ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
...... on the other hand, the defendants have no claim to CS Plot No. 298, and it has been decided concurrently on the basis of the materials on record including the commissioner's report that the suit holding stands on CS Plot No. 298 and Mr. Fakir Abdul Mannan does not have any submission against th..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
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 ...... Board established 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 ordinanc..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....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. ...... any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahman Talukder, is that he is a bonafide businessman running a printing press at Madaripur Town at holding No. 799, Puranbazar, Madaripur. The petitioner was a tenant in the said holding under respon..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......, Sylhet Bench, Sylhet, in Criminal Appeal No.102 of 1984). Judgment ATM Afzal J.- Leave was granted in this appeal by the State to consider whether the High Court Division was justified in holding that the trial was vitiated by misjoinder of charges and persons and further in acquitting t..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....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
......is at the instance of the Revenue formulating the following questions for our decision;
(I) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is justified in holding:
(a) That except employer's contribution to provident fund no other payment can be ..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
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