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....vocate appearing for the detenu-petitioner, has taken us through the writ petition and the connected annexures and submitted that even if the detenu-petitioner is not a citizen of Bangladesh which is disputed, he is not at least a foreigner as he has not been adjudged as a citizen of any other count...... 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)
....ions reported in 36 DLR 185 (Safar Ali Vs. State) and 41 DLR 66 (Angur Vs. State). Mr. Mamun, the learned AAG, on the other hand, submits that the principles as settled in the above decisions are not disputed, but it has to be seen whether the same are applicable in the facts and circumstances of th......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)
.... 6. It appears from the impugned judgment that the Court of Settlement disbelieved the P.W.s. and dismissed the case holding, "Homaira's whereabouts was not known and was not staying in the disputed house while transfer was being being made and the property came within the mischief of Arti......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
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... come to a finding that the assessment made by tile Courts below has been erroneous. We are afraid that this is not the scope of section 561 A of the Code of Criminal Procedure. 8. Now it is not disputed that the appeal from the judgment and order dated 19.8.91 passed in the Special Tribunal Ca...... 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)
....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
....rs are not as specifically vested in the High Court Division by our Constitution as in the Supreme Court of Pakistan by the Pakistan Constitution, the learned Additional Attorney General has not disputed that the petitioner No.1 Is an association for looking after the welfare of the retired gov......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
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....he learned Advocate appearing for the respondent husband, submitted that under the personal law of the parties the child is to be in the custody of the mother till he is seven years of age. It is not disputed, yet the father of the child should not be denied access to the son, he being the father an...... 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 ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....fixed by the Government as well as the wages fixed by agreement between the collective bargaining agent and the management. 22. In these writ petitions all facts are admitted. 23. It is not disputed that the respondent No. 2 in all the writ petitions were workers under the petitioners in t......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)
....n which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to po...... 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)
.... 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
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....ed as permanent Head Mistress of the school although she has produced the Annexure‑H showing her appointment as permanent Head Mistress of the School by the Special Managing Committee. It cannot be disputed that the previous Head Mistress Mrs. Shamsun NaharAwal was never dismissed by the Board. Th......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)
....the prosecution is not bound to produce all the witnesses cited in the charge sheet and that even On the basis of the evidence of a single witness, conviction can be maintained. The contention is not disputed, but in the facts and circumstances of the present case, when not a single witness of such ......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
....pared for the Mirpur Housing Estate in the year 1967 had many a time been altered and rectified with the approval of the proper authority. In ft instant case as per approved plan of the authority the disputed land in question which is the vacant land in between blocks E & F as in the original ma......
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
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Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
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
....ng not been in relation to the property of the Paurashava, the action could not be held to have been in discharge of any official act and as such no notice was at all necessary.
8. It is not now disputed that SA plot No. 15 10 in suit corresponds to southern portion of CS plot No. 298. This 0.0...... 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
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