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....Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Ruhul Amin J
Professor Ghulam Azam……..........................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka an...... 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
...... respondents, namely, Bangladesh, represented by the Secretary, Ministry of Home Affairs and others to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawfu...... 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
..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....the case. 2. This case was filed by the petitioners under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) against the respondent No. 2 Bangladesh, represented by Secretary, Ministry of Public Works and Urban Development, challenging th......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......erties are abandoned properties or whether the claimants thereof have got title thereto will not be required to be decided as according to section 7(1) of the said Ordinance. Any person can pray for exclusion of any building to him from the list of abandoned properties without praying for any o......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......en occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse possession of ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....nbsp; (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25,......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 ......pugned office order being No. 1258 PDB (E & B)/2A‑27/75 dt. 7.12.82 as at Annexure‑'C' to the writ petition. 3. Petitioner's further case is, that during the pendency of the aforesaid departmental proceeding, he was placed under suspension by the office order dated 20.11.82 ......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 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....site Party Judgment May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, 32 DLR (AD) 1; Bangladesh Vs. Abdul Wahab and others...... 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 ......ases concerned, appeal from which was barred by limitation, could be examined under section 561A of the Code of Criminal Procedure and whether the judgment of the tribunal could be quashed. 2. Before we enter into the facts of the cases the law in this regard has to be closely considered and se...... 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)
....sion (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. ......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. ......mp; 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and othe......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. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....46 DLR (HCD) (1994) 426
......India, AIR 1983 (SC) 130. In this case, the locus standi of the petitioner No. 3 in the writ petition before the said Court was seriously challenged on the ground that the petitioner No.3 which was a Society registered under the Societies Registration Act, 1960 and a non‑political, non‑profit, v......Md. Sirajul Hoque AAG—For the Respondent No.1.
Writ Petition No. 313 of 1989.
Judgment
Naimuddin Ahmed J.— In this writ petition the petitioner No.1 which is an association for the welfare of retired government employees and the petitioner Nos. 2 and 3 who are retired gove......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....risdiction)
Present:
Mohammad Mozammel Hoque J
Md. Abdul Karim J
Pronab Kumar Chakraborty and others............Appellants
Vs.
Government of the People's Republic of Bangladesh and others.......Respondents
Judgment ......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......ppeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... on the detenu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of 3 months. ...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......hid, was taken into custody in execution of an order of detention passed by the District Magistrate, Barisal on 24.9.93 under section 3(2) of the Special Powers Act, 1974 directing him to be detained for a period of 30 days. The grounds of detention were duly served on the detenu. The order of deten...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
...............Petitioners Vs. Major Sabbir Ahmed and others....................Respondents Judgment December 13, 1992. Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration A...... 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 ......Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration A petition in the nature of Habeas Corpus for the custody of a minor, whether would be equally competent without sending the petitioner before...... 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
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 ...... 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 ...... December 2, 1992. Result: The Rule is made absolute. Taking Evidence on 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 prop...... 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)
....te the question and to answer the same it is necessary to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products. It is a subsidiary company of Bangladesh Petroleum Corporation, hereinafter shall be called “the Corporation". The Corp...... 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 ........................................Applicant Vs. Commissioner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of revenue departmen...... 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 ..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)
....zimuddin Industries Ltd. Vs. Collector of Central Excise and Land Customs, Chittagong and others, 18 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. L......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 ......ntiae. In the instant case, the Petitioner having obtained a right to join her post since there was a resolution both of the Appeal and Arbitration Committee and the Board reinstating her to her former post and that right cannot be taken away by the mala fide and motivated letter of the Board t......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
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....nt: Anwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others………………………&hellip......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. ......sh; Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and reasonably. All these are inte......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
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....wdhury J Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others………………………&hellip......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. ...... The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the ......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. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....l Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shabir Hassan alias Bachchu......................Petitioner
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rul......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
...... E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on trial along with 22 others for offences under sections 395/397/436/109 and 412 of the Penal Code read with Regulation Nos. 1 an......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
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....urt Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referre...... member of the Managing Committee of his local Shahapur High School, Vice President of Wage Earners Association at Dhaka and former Government nominated Director of Baitul Aman Housing Co‑operative Society at Dhaka. He is also a director of Bangladesh Commerce and Investment Ltd. the operation of ......District 315B Bangladesh, President of Chatkhil Upazila S amity in Dhaka, a member of the Managing Committee of his local Shahapur High School, Vice President of Wage Earners Association at Dhaka and former Government nominated Director of Baitul Aman Housing Co‑operative Society at Dhaka. He is a......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
....e Choudhury J
KM Hasan J
AKM Faruque…………………………………………Petitioner
Vs.
Bangladesh, represented by the Secretary Ministry of Works and others………&hellip......
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
......nt Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No......
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
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....;D' and that the defendants have accepted the joint allotment. But the fact remains that admittedly defendant No. 7 Dr. ABM Naquiyullah did not sign the solenama and that admittedly he was not in Bangladesh. Therefore, the question of acceptance by defendant No.7 does not arise. It appears from ......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. ...... passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 43 of 1984. 2. Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the p......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
....ip;………………………………………….Petitioners
Vs.
Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and
other…………………......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 then Government of East Pakistan by an order dated 23.7.66 under the signature of Inspector General of Registration sanctioned non‑ Government post or BD Muharrars (basic democratic muharrars) for all the Sub‑Registry Offices of all the Districts of the then East Pakistan now Bangladesh. Th......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
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