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Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)

....ir conviction but for the purpose of lending assurance to any other evidence found against them…………….(8) Cases Referred to- Nurul Haque and others Vs. The state, 20 DLR page 780; Md. Azad Shaikh alias Azad Sk. Vs. The Slate, 41 DLR page 62; Nazir Ahmed Vs......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.       ..

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

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

....interest of a private Bank is not such a public interest or any interest in which the interest of a public is directly connected for protecting the interest of a private commercial Bank the sovereign state power to impound a passport, to which passport and travel document a citizen has a constitutio......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

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....ommercial organisation was actively concerned with the concerned illegalities committed by the said non-­banking organisation and all the directors must share the responsibility. It has been further stated that a separate specific case has been started against the detenu and subsequent detention is......siness. In order to ascertain as to whether BCI was functioning in accordance with the banking rules and regulations of Bangladesh Bank the Bank in exercise of its supervisory power inquired into the affairs of Bank company on 31.12.89 and from the said inspection the company failed to keep reserve ..

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

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

....oners have claimed that all of them had been appointed from extra‑Muharrars otherwise known as copyists (Nakal Nabis) on seniority basis. In paragraph 6 of the Writ application the petitioners have stated that these 475 Tax Collecting Muharrars of Bangladesh have formed an Association known as Ban......iously as follows: "310(a). Vacancies in the post of permanent Muharrars in the clerical establishment of registration offices shall ordinarily be filled up by selection from among extra‑ affairs. In selecting for appointment as Muharrar seniority should be main criteria. (a)&hellip..

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)

....es in Defence Services (Classification Control and Appeal) Rules, 1961 compulsorily retired the said petitioner by his order dated 9.7.89 (Annexure‑H of his WP No. 1737 of 1989). 8. As already stated petitioner Serajul Islam Thakur was also prosecuted along with 53 other employees of the said...... Ordnance Factories Board Ordinance, 1961 (Ordinance No. XVII of 1961) which was published in the Pakistan Gazette on 15 May 1961. The principal function of the Board was to manage and administer the affairs of the factories and to run them on sound commercial lines so as to adequately meet during w..

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

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

.... the wagon with 765 Up train for sending it to Phulbari Railway Station, but the same was not done. He deposed that the said wagon was lying at Santahar Railway Yard from 8.12.75 to 10.12.75. He also stated that someone removed the label card from the wagon and for that Santahar Railway Traffic mark......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)

....ted by misjoinder of charges and persons and further in acquitting the respondents on the said finding alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and......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: ..

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

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

....o meet the increased cost of living abroad was taxable as perquisite. Chaturvede and Pithsaria in their treatise, Income Tax Law (3rd Edn) at page 666 have referred the case of Corry Vs. Robinson and stated that 'Colonial Allowance' was held to be taxable as perquisite. 7. Mr. Bhuiyan, ......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

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

....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       ......Mr. A K Badrul Huq, learned Advocate appearing for the petitioner, submits that section 86 of the Co‑operative Societies Ordinance. 1984 provides for referring any dispute touching the business and affairs of the co‑operative society or of the liquidation of a society to the Registrar for certai..

Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2

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

.... lawful authority and to be of no legal effect and why the election of the said Union Parishad in respect of Chairman shall not be declared as void. 2. In paragraph 4 of the petition it has been stated by the petitioner that respondent No. 7 Md. Ali Akbar, son of Abdul Aziz, village Char Bhadra......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

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

.... against a number of persons including Mr. Mozaharul Islam, Director of the petitioner for declaration that he has fractional right in the disputed fishery by virtue of lease taken from Korotia Wakf Estate but the order of injunction passed in that suit was stayed by this Court in FMAT No. 511 of 11......nt discharges its sovereign function because the wealth is vested in it. The Government merely settles it for a term under certain condition and the authority in doing so performs the function of the affairs of the Republic. When such authority oversteps or commits breach of rule or even in breach o..

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

Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....been passed as yet. 4. On the above allegation Sekendar Ali Howlader figuring as 1st party filed the IRO Case No. 52 of 1980. 2nd party the Bank authority appeared in that case by filing written statement. The main contention as set out in the written statement filed by the Bank authority is th......omatic termination of the job of the Godown Keeper, but on the contrary, there is evidence on record to show the contention urged on behalf of the petitioner Bank does not reflect the actual state of affairs. We have noticed in the appointment letter Annexure 'A' that Respondent Sekendar Ali..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

.... that the Bangladesh Bank acted bona fide in accordance with the provision of section 37 of the Bank Company Act, 1991 and in the said affidavit‑in‑opposition respondent No.1, Bangladesh Bank has stated that it does not look after the correspondences between the Bank and its clients; but the Ban...... any banking company in particular to furnish it within the time specified therein or such further time as the Bangladesh Bank may allow, with any statement or information relating to the business or affairs of such banking company or companies (including any business or affairs with which such bank..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

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

....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. ......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

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

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

....'Kha' list of the abandoned buildings on 23.9.86 published in the Bangladesh Gazette and, as such, the petitioner had to file the said case. 3. The respondent‑Government did not file any written statement but contested the case by way of making verbal submissions contending that the whereabouts......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

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

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. ......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)

.... case No.32 of 1989. Thereafter on 11.8.89 victim girl Sumati Begum appeared before the Upazila Magistrate, Moulvibazar and prayed to allow her to go with her alleged husband Manik and top record her statement under section 164 of the Code of Criminal Procedure but the Upazila Magistrate instead kep...... 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)

....amed or designated requiring that the difference be submitted to the person so named or designated, would have no bearing on the interpretation of section 41 as the provision of section 37(3) clearly stated that it could be for the purpose of limitation only. It is further the submission of the lear...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..

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