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A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ons the fact remains that according to the Government, it was done in public interest; who is Al‑Baraka Bank. Al‑Baraka Bank in the instant case is a private Bank and not a nationalised Bank or a financial institution or a local authority established under any Act of Parliament. A Bank of this n......p;………………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— Powers given to an executive authority under the provision of a law ne......ip;……………………………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— Powers given to an executive ......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
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......
5. On review the Chief Martial Law Administrator may set aside, vary or modify any order, judgment or sentence or make order for retrial but cannot convert an acquittal into conviction as no such power has been specifically provided for. In a similar case reported in 43 DLR (AD) 104 (Bangladesh ......er
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104
Lawyers Involved:
MM Hyde......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
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 ......plaintiffs and fixed the suit for peremptory hearing. It is against this order that the defendants have obtained the instant Rule. 3. It is admitted on both sides that the original court has SCC powers but that the learned Additional Assistant Judge has no power to try SCC suits. Repeating the ...... 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 registering the suit in its proper file. It does not result in change of t......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 ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....istry of Home Affairs and it is dated 29.4.92 under section 3(1)(a) of the Special Powers Act ordering that he may be obtained for 120 days for indulging in activities prejudicial to the economic and financial interest of the State. On the same day after the detenu was arrested a complaint petition ...... further submitted that the complicity of the detenu in the criminal case is not established because the detenu is a mere Director of the said non‑commercial organisation and has no decision making power and in fact it is never the allegation that he by any overt act had committed any offence puni......M Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154......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
....
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
...... prejudiced any representation, promise or expectation what is done by the lessor in the instant case, namely the Directorate of Housing and Settlement, had been done with lawful authority having all powers to change or modify the master plan in public necessity and public interest, providing reside......Ministry of Works and others……………………..Respondent
Judgment
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md......
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
....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.
...... 1908 is as follows :
"69.(1) The Inspector‑General shall exercise a general superintendence over all the registration offices in the territories under the Government, and shall have power from time to time to make rules consistent with this Act.
(a) Providing for the safe cust......p;……………………………..Respondents
Judgment
June 30, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Bangladesh Steamer Agents Association Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR ......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)
....r incur expenditure in respect of lump sum grant allocated for the purpose in the Budget; and (g) subject to any direction issued in this behalf by the Central Government, to frame departmental, financial and accounting rules and procedure." 4. Petitioner Shamsur Rahman Khan Lohani en......o meet the needs of the civilian population. Under section 7 of the said Ordnance Factories Board Ordinance, 1961 the Board may in relation to such factory, officer or employee exercise the following powers of the Central Government or of any officer authorised for the purpose by the Central Governm....../89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are ci......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)
....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 ......y the Additional Deputy Commissioner (Rev) Sylhet. 4. We have very carefully and patiently considered all the arguments of the learned advocate but we find no substance in those. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's ...........Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other ......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)
....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. ....... 1, a close relation of one of the landlords. 6. Mr. Harun-ur Rashid, learned Advocate appearing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a person and in view or the fact that the property in q..........Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Wri......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
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ...... found out from the words actually used by the law‑maker in the statute. If the literal rule of interpretation leads to some kind of inconsistency or absurdity or injustice, the Court has certainly power to modify the language of the statutory provision in order to bring it in accord with the legi......llip;.Petitioner Vs. Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Lt......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....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
...... by Mr. Bhuiyan will be assuming jurisdiction over the facts which do not arise out of the order of Tribunal. Section 161(2) of the Income Tax Ordinance, 1984 does not vest in the High Court Division power to take any extraneous matter into consideration which does not appear from the order of the T...... 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
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......e benefit of the lessor or those claiming under him: Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist). So that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein. Se......ip;……………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Daya...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....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
......Writ Petition Nos. 342 and 894 of 1989 heard together in support of his contention wherein a Division Bench of this Court in which one of us was a party held section 86 does not in any way confer any power upon the Registrar to decide any matter relating to election and that the Registrar's powe......he Rule is made absolute.
The Co-operative Societies Ordinance, 1984; Section 86
Section 86 of the Co-operative Societies Ordinance does not attract election disputes and as such the Arbitrator acted illegally and without jurisdiction in making the impugned award.
Coram Non-Judice
......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
.... 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
...... 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
...... Elahi, Advocates—For Respondent No. 6
Writ Petition No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rul...... 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)
....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 ......tement sent by respondent No. 6 Returning Officer in Form Dha (Annexure‑B). Section 21 of the General Clausen Act, 1897 reads as follows: "Where, by any Act of Parliament or Regulation, a power to issue notifications, orders, rules, or bye‑laws is conferred, then that power includes a ......ission and others..................Respondents Judgment February 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolv......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
....
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
......discriminatory in its application and effect upon persons employed in the services of Bangladesh and is inconsistent with Article 27 of the Constitution and, as such, is void and that the rule making power of the President contained in Article 133 of the Constitution does not extend to making such a......h the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
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......
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
....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.......irs of such banking company or companies (including any business or affairs with which such banking company or companies is or are concerned) and, without prejudice to the generality of the foregoing power, may call for information, at such intervals as the Bangladesh Bank may deem necessary regardi...... For the Respondent Nos. 3-6.
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......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
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
.... in the locality. The plaintiff in collusion with his other relations connected with the local Irri Project are creating situation with a motive for grabbing the suit land and to cause harassment and financial loss to the defendant No.1 made attempt to enter into the land forcibly and being obstruct......ncifully or arbitrarily. In the case reported in 29 DLR (SC) 268, it is held that the finding based on fact by the court of appeal below is binding on the High Court in the exercise of its revisional power but simultaneously it is held that if the learned Judge of the High Court finds that the decis......Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims....................e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......cree is set aside or declared void by any Court of competent jurisdiction. A party to the suit cannot say that an agreement is forged which was the basis of the decree. The Court of Settlement has no power to set aside a decree of the Civil Court but it has the jurisdiction only to decide the matter......egunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
March 12, 1991.
Lawyers Involved:
Mahfuzur Rahman, Advocate ‑ For the Petitioner.
Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2.
Writ Petition No. 398 of 1989.
Judgment
Md. ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......also cited the cases reported in 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100 and submits that it is settled proposition of law that the High Court Division has the power to quash a proceeding where, on the face of it, the FIR and the charge sheet do not disclose a......;…………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (A......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
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