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AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

....ocate further submitted that on the plea of rehabilitation new plots were created behind the back of the allottees by unauthorised person changing the entire master plan which can only be done by the Government in the Ministry of Town Planning and in the instant case any sub‑division of plots were...... 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

Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....Bangladesh Service Rules) and he has been regularly working in the said post on daily wage basis upto 4.2.81 when he was appointed as Tax Collecting Muharrar of Tejgaon Sub‑Registry Office, a non‑Government post under Registration Department. Annexure A to the petition is the appointment letter ......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)

....ahman J Serajul Islam Thakur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangla­desh and another...........Respondent [In both the writ petitions] Jud......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)

....) the balance money was to be deposited within seven days from the date of auction, in default, without any notice or without any show cause the 50% money already deposited will be confiscated to the Government and Mohal will be put on auction again but the petitioner was delayed by few days but dep......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)

...., Madaripur. The petitioner was a tenant in the said holding under respondent Nos. 5 and 6 on monthly rental basis since 1981. He imported the said printing machine from China by taking loan from the Government in month of December, 1988. The petitioner went to his village home keeping the press clo......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

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....d by the learned Advocate for the appellants on the question of the non‑production of the original FIR. Admittedly, the original FIR was lodged by one AK Ghose of DAB who has since retired from the Government service. The original FIR, it appears from the perusal of the record, has been lost and t......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.   ..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

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: ......ht course to emphasis the factor of time and place and pay little regard to the community of purpose or design. Thus while a transaction, which is not a natural event but generated by voluntary human agency, is taking its intended course, its progress may be arrested or interrupted by an unknown and..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

.... Court Division (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Syed Rahmatur Rub Irtiza Ahsan Vs. Government of the People's Republic of Bangladesh and others, 1992, 21 CLC (HCD)

....t Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Syed Rahmatur Rub Irtiza Ahsan.............................Petitioner Vs. Government of the People's Republic of Bangladesh and others..........Respondents Judgment&......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

Bangladesh Electrical Association Vs. Bangladesh represented by the Secretary, Ministry of Industries and others, 1992, 21 CLC (HCD)

....have been called upon to show cause why they shall not be restrained from importing single phase electrical meters into this country in violation of Import Policy Orders 1989‑91 and 1991‑1993 and Government Policy decisions in this connection. 4. Single phase electric meter is mainly requir......h the Import Policy Orders. Respondents Nos. 5 and 6 as statutory bodies are public sector importers under the said definition. Under clause 11(l) of the Import Policy Order 1989‑91 a public sector agency may import a banned item such as single phase electric meter on the basis of ROR issued by th..

Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

.... (extraordinary) (Annexure‑C, page 845) naming him as মোঃ আলী আকবর, পিতা আঃ আজিজ as elected Chairman of the said Union Parishad under section 25 of the Local Government (Union Parishads) Ordinance, 1983. 3. It is contended in paragraph 8 of the petition......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

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

.... High Court Division (Special 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, Se...... 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

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....l justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease— In the said case it has also been held that unless the lessee has violated any condition the Government cannot arbitrarily cancel the lease. Government cannot cancel any such lease of fish......erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....hman J ATM Afzal J Mustata 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 o......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

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....ful authority. 4. It appears from paragraph 8(3) of the Ministry of Land's Memo No.8‑80/84/458(139) dated 15.10.1984 printed at pages 294‑297 of the Land Administration Manual published by the Government of Bangladesh as follows: “বিশেষ ক্ষেত্রে মন্ত্......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

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....a' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatr......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)

....d ammunition comes within the mischief of any offence under section 23 of the Arms Act and lastly (d) whether the recovery of the arms and ammunition comes within the amnesty, if any, declared by the Government for voluntary surrender of arms and ammunition within the specific date. 23. We are,......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

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....nal Procedure Code (Amendment) Act of 1949 (Act XLII 42) of 1949. In view of the fact that offences against girl of tender age have considerably been increased several times we would recommend to the Government that the age of the female child in section 361 of the Penal Code and in Section 552 of t...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....o be so kept, the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of Ind......jgaon. In case of difference in specification and size between the contractual specification and post landing analysis report, both the buyer and seller may jointly nominate and appoint an inspection agency in Bangladesh for chemical analysis of the umpire sample to be conducted in presence of the b..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....on) Present: Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184