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

....tate as appended to the writ petition, the approved plan of the house of the petitioner and the allotment letter by which petitioner's plot was leased out to him by the Works Housing/Settlement Department and also other papers on record, submitted that the master plan would clearly show that the...... 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)

....sed 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 prope......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)

....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 as Tax Collecting Muharrar. The petit......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

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....s him from the property. 4. The Paurashava contested the suit by filing written statement denying the material allegations made in the plaint and contending, inter alia, that the suit land was a part of CS Plot No. 279 (0.40 62 acre) appertaining to Khatian No. 670 belonging to the Paurashava a......he Paurashava Ordinance was also pleaded in the defence. 5. The suit was dismissed on contest on 7.8.1981. But in appeal (TA No. 151/81) it was sent back on remand for fresh decision after local investigation in order to ascertain whether the suit land was attracted by any portion of CS plot No..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....to utilise or incur expenditure in respect of lump sum grant allocated for the purpose in the Budget; and (g) subject to any direction issued in this behalf by the Central Government, to frame departmental, financial and accounting rules and procedure." 4. Petitioner Shamsur Rahman Kh......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)

.... Bangladesh & others.............Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will......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)

....urther case of the contesting respondents that the rented premises was seriously damaged by the devastating flood of September, 1988 and the house was under lock and key of the petitioner since first part of February, 1988 and he was also defaulter in respect of payment of rent since January, 1987 s......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)

.... RR to M/s. Rahinat Bliander, Phulbari for taking delivery of the oil from Phulbari Railway Station. The said wagon reached Santahar Railway Yard on 7.12.1975 at 2‑30 hours by KS Up train with full particulars and all Railway papers and that one Jasirnuddin, the TNC and Batch in‑charge received ......llons 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 Ghose, Inspector of DAB who himself took up investigation of the case and during investigation the seized some documents and on completion of in..

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

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

....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 documents. It does not appear from the impugned judgment that the ......re was exchange of fire and ultimately they managed to send the injured ASI to Sylhet Hospital through constable Gouranga Das and brought Gous and Fakhrul under arrest to the thana. 7. Following investigation by the Police Fakhrul Ahmed and his father Nasiruddin were put on trial, inter alia, o..

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)

....dian Income Tax Act, 1961. As these decisions are on interpretation of law quite different from our law they are not of much assistance to us as the Income Tax Act, 1961 of India has made a drastic departure from the old 1922 Act. 5. Section 10(1) of the Act deals with assessment of tax on inco......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

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

....nsif, 1st Court, Moulvibazar dismissing the Title Suit No.232 of 1975 for specific performance of a Contract. 2. Facts giving rise to this Rule are in a nut‑shell as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract a...... 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 ..

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)

....om the Government, Ministry of Food under Memo No. 1327 dated 25.7.75 and then he installed the requisite machinery at huge cost and got recognition as an Industrial unit from the Director General, Department of Industries, Government of Bangladesh vide Memo No. IP/PP/91 (10831)/83/505 dated 8.3.84.......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

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

....stries after the release of 43092 single phase electric meters imported for 14 Town projects, that ban on import of single phase electric meters shall remain in future, that local manufacturers shall participate in International Tenders for supply of electric meters in future on the basis of ex‑fa...... 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   ..

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

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

....this Writ Petition, refers to Article 11 of Part 11 (Fundamental Principles of State Policy) of the Constitution which provides, inter alia, that the Republic shall be a democracy in which (effective participation by the people through their elected representatives in administration at all levels sh......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)

.... 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 ...... 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

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....ion No. 1228 of 1990. Judgment Mohammad Badruzzaman J. — This Rule was issued, on an application under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite party to show cause as to why the impugned judgment and decree dated 29.5.90 passed by the Subordina......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

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

..... DC Wadhwa and others Vs. State of Bihar, AIR 1987 (SC) 579 in support of his submission. 8. Mr. Asrarul Hossain also submits that it is the petitioner which was recognised by the Government as part of the award-making process treating it as the only representative of the newspaper owners. The......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

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

.... and 29.7.81 respectively, passed by the Subordinate Judge, Manikganj, in Title Suit No.125 of 1981, dismissing the suit on contest. 2. The short facts leading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execut......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....lumn 2(i) of the notification No. 896 section (11) dated Dhaka, 19th November, 1973 which are described as follows: "(1) such rifles, muskets, pistols or revolvers as are specified below or parts thereof (and ammunition which can be fired from any of these weapons) and/or any weapons not l...... স্বরাষ্ট্র মন্ত্রনালয় নির্দেশ প্রাপ্তির পর এই এজাহার করা হইল। 4. The police after investigation submitted charge sheet being No. 24 dated 26.1.91 under section 19(a) & (1) Arms A..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

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

....of the Coal Controller is beyond the power and done in violation of the contract and mala fide, could be a matter for arbitration reference. The law in this regard is also well settled that when parties to building construction or supply of goods and the like designate a person to be authorised...... 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