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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. ......ber, 1990. On hearing the same the petitioner wrote a letter on 6.8.91 addressed to the President of the Supreme Court Bar Association stating that he had no knowledge of such resolution nor any such decision was ever communicated to him, nor any show cause notice was issued and requested the Presid..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....e of effect of the enhanced rate of pension is a valid and rational classification and, as such, cannot be conceived to be violative of Article 27 of the Constitution. It is also contended that every legislative enactment and every governmental action, particularly, where the legislative enactment o......or governmental action that deprives them of such entitlement being violative of Article 27 cannot be sustained.
9. In support of his submission, Mr. Syed Ishtiaq Ahmed has relied upon an Indian decision, DS Nakara and others Vs. Union of India, reported in AIR 1983 (SC) 130 decided by the Supr..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....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
......e bonafides of Jinardi Union Unnayan Parishad. Thereafter, on 9.1.8 1, the Chief Estate Officer of Bangladesh Railways in his letter to the Secretary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on pay..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... 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. ......venting him from committing "prejudicial act" as defined in section 2 (f) of the Special Powers Act, 1974 and in this respect, the learned Deputy Attorney‑General has placed reliance on a decision reported in 45 DLR (AD) 89. The learned Deputy Attorney‑General has also contended that m..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
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 ......trate alone who is to be satisfied as to there being or not being likelihood of a breach of the peace and if he is satisfied one way or the other, the High Court on revision cannot interfere with his decision." In the same decision he also refers that: "It has, however, been repe..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 ...... order of the Taxes Appellate Tribunal, this High Court Division has no power to decide the same. But whether a question of law formulated arises out of the order of the tribunal itself and falls for decision of this Division is to be seen by this Division. The questions as formulated to arise out o..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 ......nce of death awarded to Gul Hassan could be confirmed and the appeal filed on his behalf disposed of in his bsence..........The legal questions arising in the appeal by Gul Hassan is concluded by the decision in Chan Shah Vs. The Crown, PLD 1956 (FC) 43 = (1956) 8 DLR (FC) 24...............Gul Hassa..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 ...... 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 that they have stayed their previous decision…………………..(18 & 19) Cases Referred ..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. ......essions, there is no other material evidence in this case to connect the appellants with the commission of the alleged crime. It appears that the learned Assistant Sessions Judge by referring to some decisions of this Court has considered the aforesaid confessional statements of the 3(three) accused..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......ned Advocate for the petitioners adds that the court could not allow an amendment ousting its own jurisdiction to try the suit and as such there has been a serious error of law resulting error in its decision occasioning failure of justice. Mr. M Khaled Ahmed, the learned Advocate representing the o..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
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. ......d in law. He has further submitted that the complicity of the detenu in the criminal case is not established because the detenu is a mere Director of the said non‑commercial organisation and has no decision making power and in fact it is never the allegation that he by any overt act had committed ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
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
...... portion of the vacant space has been allotted to respondent Nos. 4 and 5 and the matter has been approved by the appropriate authority and it has been approved by the land allotment committee in its decision dated 22.8.85 which decided the allotment of the said plot, situated in Section 2 Mirpur Ro..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
....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.
......e, accepting that the paragraph 310(a) is amended, we find that it has no binding control upon the Govt. not being a statutory rule.
16. So far as the violation of natural justice is concerned a decision has been cited by the learned Advocate for the petitioners namely the Bangladesh Steamer Ag..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......nder section 152 of the 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 ..
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 ......ur Rahman J. — Writ Petition No. 1731 of 1989 and Writ Petition No. 1737 of 1989 were heard together by a Division Bench consisting of MA Jalil and N Ahmed JJ. who could not agree with the decision of a Division Bench of this Court presided over by Mustafa Kamal, J in the case of Abdul La..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....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: ......case brought by the respondents, the complainants (of the present case) husband and son were acquitted. Had the learned Judges of the High Court Division addressed themselves to all these facts their decision on the "sameness of transaction", the alleged lack of which resulted in misjoinde..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....avoid a kind of absurdity, inconsistency or injustice which may be presumed to have not been intended by the law‑maker, What a court is required to‑do in interpreting a statute is to find out the legislative intent of the law‑maker. Ordinarily, the literal rule of interpretation of the statute...... the Contract Act to the serious prejudice of the defendant‑petitioners causing thereby a failure of justice. In support of his contention the learned advocate for the petitioners has referred to a decision in the case of Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑op..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....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
......ent
AM Mahmudur Rahman J.— This reference application under section 160(1) of the Income‑Tax Ordinance, 1984 is at the instance of the Revenue formulating the following questions for our decision;
(I) Whether on the facts and in the circumstances of the case the Taxes Appellate Tri..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
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 ......same should be set aside, His further contention is that the learned Subordinate Judge has misread the evidence as well as the material document in this case namely Ext. A, the ekrarnama and also the decision reported in 15 DLR 634 and come to an erroneous finding to the effect that the pro‑defend..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....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.
......S dated 6.5.1967 and also the notice dated 10.3.81 issued to the petitioner for his summarily eviction from the properties described in the said notice Annexure G purporting to be in pursuance of the decision in an earlier Writ Petition No.14 of 1974 Annexure E, by the Deputy Commissioner, Sylhet (R..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
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