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Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)

....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   ......  ****  *****  ****  *****  ****  ***** (7) The minimum rates of wages declared under this section shall be final and shall not, in any manner, be questioned by any person in any court or before any authority." Section, 6, therefore, empowers the Governme..

Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3

Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)

.... 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   ......ioner passed an order upon the officer‑in‑charge, Madyanagar Police Station for inquiry of the matter. The officer‑in ‑charge, Madyangar PS, visited the, place of occurrence and examined some persons of the locality and submitted a detailed report to the court on the 25th April, 1985 stating..

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 ......r reached the assessee as his income. Obligations no doubt, there are in every case, but it is the nature of the obligation which is the decisive fact. There is a difference between an amount which a person is obliged to apply out of his income and an amount which by the nature of the obligation can..

Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6

State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)

....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   ......h is 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 t..

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)

....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     ......esolution has a right to be heard—Only one who is affected by the order or the resolution has a right to be heard and no one else. When some legal rights have arisen in favour of a certain person as a result of particular order; those rights cannot be undone by a purported exercise of loc..

Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1

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.       ......er direction of the higher officer. Meanwhile, accused Chan Mia, Naru and Tapa were arrested when they expressed their willingness to make confession of their guilt and accordingly the said 3 accused persons were produced before the local Magistrate 1st Class, Mirzapur, who was pleased to record the..

Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....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.   ...... 4. The petitioner was served with an order dated 10.5.92 issued from the Home Ministry directing the petitioner and his wife and two children to hand over their respective passports to the police personnel who came to serve the same order at his home. The petitioner received the said order and h..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

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.   ...... surprise the petitioner again received a memo, dated 21.4.85 asking him to remain present on 6.5.1985 at 11‑00 AM before the Deputy Secretary (A‑P‑1) and accordingly the petitioner appeared in person before the said authority. Then on 14.5.1985 and 5.8.1985 the petitioner made further represe..

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. ......mala fide purpose of keeping the detenu in detention without a trial and his right to obtain a bail. 4. Mr. Mahabubur Rahman further submits, for the purpose of preventive detention to prevent a person from indulging in future prejudicial activities, it would be incumbent upon the detaining aut..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

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

.... 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 ......bligation and also to the detriment of the civic amenities of the residents of both Block E and F of Section 2 made plotting of the said vacant space and purported to have allotted those to different persons including the respondent Nos. 4 and 5 who are going to construct their houses in the said va..

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. ......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. ..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1

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

....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. ...... the principles of natural justice is to supplement the statute and not to supplant it. Their Lordships have observed that it is inconceivable that when a citizen is deprived of a right vested in the person, he can be deprived of that right by a capricious or arbitrary executive fiat without being c..

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)

....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   ......der 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 employ..

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     ...... was due for 1399 BS the petitioner filed an application before the Additional Deputy Commissioner, (Rev.) Sylhet together with the triplicate copies of Treasury challan on 27.2.92 and followed it by personal approaches and another application on 13.4.92 praying for passing the challan and thereby e..

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. ...... 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 question was going to be damaged, the respondent..

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)

....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.   ......139 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 misappropriated. With that allegation FIR of this case was lodged by Mr. AK Ghos..

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

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....the complainant filed a petition before the Deputy Commissioner Sylhet in pursuance of which the Additional Deputy Commissioner, Mr. Zaidi Sattar and Mr. Murshid, Magistrate, 1st Class, held Judicial Inquiry into the matter on 7.4.75 and it was proved that the deceased ASI Harunur Rashid and his com......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 the respondents on the said finding alone. 2. In order to app..

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

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 ......ints for argument has drawn my attention first to section 6(d) of the Transfer of Property Act which reads thus: “Sec.6 (d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him." He has also drawn my attention to some other sec..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

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

....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. ......Pakistan Rules, in the case of Ananda Mohan Kundu and others Vs. Province of East Pakistan 20 DLR 976, 980 "If after vesting of the enemy property in the Custodian, it is found on enquiry that a person who is holding some sort of document of title, though imperfect from the real owner of the pr..

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

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

.... 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   ......ure such meters. 17. Mr. Hasan Arif, learned Deputy Attorney- General appearing for the respondent No. 3, submitted that petitioner of Writ Petition No. 273 of 1991 being an Association is not a person aggrieved and petitioners of the other petitions have no right in the matter of Government Po..

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