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Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)

....e Board of Intermediate and Secondary Education, Dhaka which was passed in Writ Petition No. 1661 of 1989. The Rule in Writ Petition No. 1661 of 1989 and the Writ Petition No. 4 of 1990 bring out the relevant facts and orders over which the petitioner in Writ Petition No. 1661 of 1989 and the petiti......egum has expressed her grievance that without any notice to her and without giving any opportunity of hearing and without any consideration of the findings of the enquiry committee and other relevant papers submitted to the Board, the respondent No. 2 Inspector of Schools by Memo No. 133 Dhaka/Da/ 3......sp;       Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........R......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

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

....ence and a hearsay witness. P.W. 9 Abdur Rashid was also a passenger of the said bus of the alleged dacoity and P.W.10. Md. Redwan Ali, was the Officer-in-Charge of the Mirzapur Police Station at the relevant time who partly investigated the case and recorded the F.I.R. (Ext.1). All the above witnes......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.       ...... ......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)

....titioner at the instance of some interested persons without any application of mind. There is absolutely no reason why such order should be passed and there is no factual basis for application of the relevant law, It is violative of Article 36 of the Constitution which guaranteed a right to leave an......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.   ......nwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………………&h......oner. Another notice thereafter was served on the bank claiming Taka 62.4 crore as damages from the said Bank and another notice was served by the petitioner on the Bank asking it to return the land, documents and to discharge the hypothecation of fixed assets. It has been stated also in the petitio..

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

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....xpert, in his opinion, found the specimen of the petitioner to be identical with those appearing on the conveyance deed, dated 6.3.1963. It is stated that the report to that effect was lying with the relevant record of the Govt. While the matter was pending before the Govt. in the Ministry of Works,......and Secretary, Ministry of Works in April, 1972 and again on 22.2. 1975, 21.10.1975 and 5.8.1976. The Ministry of Works by its Memo dated 3.6.1977 directed the petitioner to produce the documents and papers in support of his claim which he accordingly complied by his letter dated 16.6.1977 but to no...... Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others……………………………Re...... Commissioner and Secretary, Ministry of Works in April, 1972 and again on 22.2. 1975, 21.10.1975 and 5.8.1976. The Ministry of Works by its Memo dated 3.6.1977 directed the petitioner to produce the documents and papers in support of his claim which he accordingly complied by his letter dated 16.6...

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

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

....llenged before report it appears that this court and this court rejected the application finding no illegality with the order of suspension of the function of the said BCI Ltd. pending inquiry by the relevant authority. 6. From an examination of the records it is seen that the petitioner along ......ion is still continuing. 3. The learned Advocate Mr. Mahabubur Rahman, appearing for the petitioner on behalf of the detenu, having taken us through the impugned order of detention and the other papers appended to the petition, submits that the detention order is mala fide one for a collateral ......n (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 Referred to- ......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

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

....manent vacant space and the allotment has not changed the residential character of the plots. The revised plan has been annexed in their affidavit as Annexure J to which reference will be made at the relevant portion of the judgment. 10. Respondent No.6 Dhaka Municipal Corporation appeared and ......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 vacant space was kept i......lip;……………………………………Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Works and others……………………..Respondent Judgment...... 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)

....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. ......y arid not by metes and bounds and some of the co‑sharers have been given the property of Mymensingh and Bogra only, Therefore, this solenama is not only a draft solenama written in the white plain papers but also it is unconscionable, ambiguous and prejudicial to the parties of the suit. The norm......Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Resu......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)

....atural Justice. All that this decision appears to have decided is that before a right of individual is terminated he must be heard. 17. In the instant case this principle of natural justice is irrelevant. It is not a case of termination of legal right of the petitioners. It is rather a case of ......the registra­tion offices in the territories under the Government, and shall have power from time to time to make rules consistent with this Act. (a) Providing for the safe custody of books, papers and documents; (b) Declaring what languages shall be deemed to be commonly used in each ......so Reported in: 46 DLR (HCD) (1994) 46. ......a­tion offices in the territories under the Government, and shall have power from time to time to make rules consistent with this Act. (a) Providing for the safe custody of books, papers and documents; (b) Declaring what languages shall be deemed to be commonly used in each district; ..

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)

....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   ......g, 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 and the plaintiff who got his name mutated in the Paurashava papers by fraudulent means were an unauthorised occupant therein and as such liable to be evicted. N......t Division (Civil Revisional Jurisdiction) Present: D M Ansar Uddin Ahmed J Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others……………Petitioners Vs. Abdur Razzak…&hel....... 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279. 6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support of their respective claims. The learned Munsif on discussion of evidence held t..

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

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

....n the instant case a fishery was put on auction and it was under a general auction circular, (Annexure‑A). The auction conditions were put in the auction notice and it is stated there as one of the relevant condition at condition 5 of Annexure A that the highest bidder after being accepted as high......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     ...... 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 not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh......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)

....orth about Taka 1,66,000.00 which were inside the said room. He filed an application before the respondent No.1 but without any result. The petitioner filed an application for certified copies of the relevant orders but he was not supplied with the same. Mr. Mokhlesur Rahman, Superintendent of the o......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. ......risdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………….......Res......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)

....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.   ......, 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 the connected papers of the ...... is also Reported in: 46 DLR (HCD) (1994) 149.   ...... 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 investigation submitted charge‑sheet. 8. These appellants were..

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

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

....mbraces the conspiracy and the acts done under it." 22. As to the point of time in the proceedings at which the condition prescribed by the clause must be fulfilled, it was held that the relevant point of time is the time of accusation and not that of the eventual result. "It is on......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 High Court Division had......bsp;                            Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. H......g 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 High Court Division had perceived ..

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)

....scertain what is salary or perquisite it requires examination of necessary facts by the Tribunal, the last fact finding forum. In this case neither the learned Advocate for the Revenue has stated the relevant facts in the reference application on consideration of which the Tribunal held all other pa......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 ...... Present: AM Mahmudur Rahman J Syed J R Mudassir Hussain J Commissioner of Taxes, Dhaka (South) Zone, Dhaka...........................Petitioner Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent Judgment April 23, 1992. ......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)

..... 2 and 3 in favour of the plaintiffs. Then he took up the issue Nos.1, 4 and 5 together for convenience of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding that the vendor pro‑defendant No.3 has had no right......or the opposite party No. 5 to oppose the Rule. 8. Mr. Matin, the learned Advocate for the petitioner, has firstly taken me through the judgments of both the courts below and some other relevant papers on record and then seriously assailed the judgment of the court of appeal below. His submissi......;………….Opposite Parties Judgment      April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and ......e face of the record in reversing the judgment and decree of the trial Court and decreeing the suit absolutely on misconception and misconstruction of the relevant provisions of law and the connected documents particularly the ekrarnama Ext. A and this has resulted in a failure of justice and as suc..

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)

....2 DLR 48 and in the case of Benoy Bhusan Bardhan being dead his heirs Pronoy Bhusan Bardhan and others reported in 30 DLR (SC) 139. In the decision in 30 DLR (SC) 139 the paragraph Nos. 37 and 38 are relevant, and these paragraphs had not been over‑ruled by the decision in 40 DLR (SC) 22, although......nd Sub‑Judge by one Goura Chandra Das showing him as tenant under him. This suit was also dismissed. The respondents further contended that the petitioner had no tide whatsoever in the land and the papers in support of the claim filed by the petitioner were fabricated. The respondents contended th......a Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents Judgment April 22, 1992 Result:......t the petitioner Mr. Aftabuddin Ahmed, Proprietor M/S Kalighat Flour Mills Kalighat, Sylhet has been enjoying a cash credit facility under BSCIC Loan from that Branch against which he offered certain documents of landed property. Serial No.1 of these documents is Original Title deed comprising 9 dec..

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

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

....ent in every administrative unit of the Republic shall be entrusted to bodies composed of persons elected in accordance with law. 6. The Local Government (Union Parishads) Ordinance, 1983 is the relevant statute by which the Union Parishads have been set up and in die said statute the voters of......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   ...... Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment        ......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

Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)

.... filed a written objection against the said application for amendment, stating, inter alia, that the proposed amendment would change the nature and character of the suit if allowed and the same was irrelevant and a malafide one brought only to harass the defendant‑petitioner. The learned Subordina...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313         ......p;     ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313         ..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

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

....at him to get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of R......als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ...... Chairman, First Labour Court & others…………………………Respondents Judgment January 12, 1992. Result: The Rule stands discharged. Lawyers Involved: Md. Jainul Abedin, Advocate‑For the Petitioners ......als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ..

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)

....ed Advocate for respondent No.1 Bangladesh Bank shows us the memo dated 18.8.91 issued by the Bangladesh Bank by which the embargo has not only been suspended for three months but the loanees and the relevant Banks have been asked to bring down their dues to a satisfactory position within this perio......ank to the Bangladesh Bank by its letter No. Ri/AABI/1589 dated 12.5.91 and the Bangladesh Bank thereafter published the list of defaulters including the name of the petitioner in different daily newspapers under section 37 of the Bank Company Act, 1991 on the basis of the aforesaid letter dated 12....... Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8...

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