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Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....ivisional Estate Officer, Bangladesh Railways, enclosing two drafts for Taka 96,000.00 thus making full payment of Taka 4,20,000.00. P.W.1 has further proved a letter dated 2.7.81, Ext.1(g), from the Deputy Secretary, (Impl), Ministry of Textiles, according permission of the Government to the plaint......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   ...... (1994) 268   ......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)

.... the detenu cannot be sustained.               4. The respondents did not file any affidavit‑in-opposition but the learned Deputy Attorney‑Generalopposes this application by making verbal submissions.   &nb...... 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.   ......enu. 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. 3. Thi...... be sustained.               4. The respondents did not file any affidavit‑in-opposition but the learned Deputy Attorney‑Generalopposes this application by making verbal submissions.      &nb..

Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1

Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)

.... thereby releasing the child at liberty in accordance with the expression that are in the constitutional provision namely Article 102(2)(b)(i) of the Constitution. 5. Mr. Hasan Arif, the learned Deputy Attorney‑General appearing in this Rule, has also taken great pains in referring to us a nu...... 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   ......: 46 DLR (HCD) (1994) 399   ...... the child at liberty in accordance with the expression that are in the constitutional provision namely Article 102(2)(b)(i) of the Constitution. 5. Mr. Hasan Arif, the learned Deputy Attorney‑General appearing in this Rule, has also taken great pains in referring to us a number of decisions ..

Category: Family Law | Date: 13 Dec, 1992 | Hits: 4

Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)

....ed the case land by registered kabala in 1972 and have possessed the same. The boundary of the case land attached is to plot No. 281 and they instituted Misc. Case No.26 of 1981 before the Additional Deputy Commissioner, (Rev) Sylhet for mutation of their names and in pursuance of the report of the ...... 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   ......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ...... 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)

....be called “the Corporation". The Corporation was established under the Petroleum Corporation Ordinance 69 of 1974. The assessee for the assessment year 1981‑82 was assessed to tax by the Deputy Commissioner of Taxes, Companies Circle‑III Dhaka (East Zone), Dhaka on total income of Tak...... 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 ......oner 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 department. The Income Tax Ordinance, 1984  (Ordinance No. XXXVI ...... 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

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   ......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   ......ber 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. S......accused has been represented before us by Mr. Basharatul Mowla, learned advocate engaged by the State on behalf of the absconding accused while Mr. AKM Shamsul Karim, the learned Assistant Attorney‑General appeared for the State. On behalf of the State the learned Assistant Attorney‑General rais..

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)

....gation against her of high handedness, corruption misdemeanour, and the students of the school went on strike from 9.2.85 whereupon there was an enquiry of the affairs of the school by the Additional Deputy Commissioner (General) Dhaka, through Mrs. Jannat Ara Rashid, Assistant Commissioner, and Mag......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     ......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......rit Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act such power does not include the authority to take away a validly acquired right&..

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

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

....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.   ......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......eling beyond the power and acting by arrogating to the government functionary a power not vested in law. Cases Referred to- South Helton Coal Company case, 1894 1 QB at page 133; Attorney‑General Vs. PY A. Quarries (1957) 2 QB 169. Lawyers Involved: Moudud Ahmed with Rokanuddin..

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

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

.... 1971 during the abnormal situation which followed the petitioner was dispossessed from the said property. The petitioner claims that he made several representation to different authorities including Deputy Commissioner, Sub‑Divisional Officer, Assistant Commissioner and Secretary, Ministry of Wor......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.   ...... Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others……………………………Re......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

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

....51 SC) 481; Azizul Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers Involved: Mahabubur Rahman with Mrs. Ferdausi Shahab Advocates ‑ For the Petitioner. Shahabuddin Ahmad, Deputy Attorney‑General ‑ For the State. Writ Petition No. 1806 of 1992. Judgment ......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. ......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- ...... Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers Involved: Mahabubur Rahman with Mrs. Ferdausi Shahab Advocates ‑ For the Petitioner. Shahabuddin Ahmad, Deputy Attorney‑General ‑ For the State. Writ Petition No. 1806 of 1992. Judgment Anwarul Haque Cho..

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)

.... 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 ...... 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 ......lip;……………………………………Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Works and others……………………..Respondent Judgment......o- Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 Lawyers Involved: Md. Awlad Ali, Advocate—For the Petitioner. Obaidur Rahman Mustafa, Assistant Attorney­-General—For the Respondent No.1 AY Salehuzzaman, Advocate—For the Respondent Nos. 4..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

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

....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. ......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. ......so Reported in: 46 DLR (HCD) (1994) 46. ......ecretary of tile said samity calling upon the respondents, the Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka, the Sahakari Sachib, Ministry of Law and Justice, the Inspector General of Registration, Dhaka and District Registrar, Dhaka to show cause as to why the impugned or..

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)

....he expression person "in the Defence services of Bangladesh" as used in section 4(3) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981). 24. Mr. AF Hasan Ariff, the learned Deputy Attorney General, has pointed out that in the Government of India Act, 1935, as adopted by Go......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   ......kur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangla­desh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. ......rson "in the Defence services of Bangladesh" as used in section 4(3) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981). 24. Mr. AF Hasan Ariff, the learned Deputy Attorney General, has pointed out that in the Government of India Act, 1935, as adopted by Government of Paki..

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

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

....is is an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh and is directed against a Memo No. SA/3‑C/1384 dated 27.4.92 issued by the Additional Deputy Commissioner (Rev.) Sylhet, so far as it relates to serial No.1 Shilakuri Group of Fishery wi......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)

....zi Alauddin Ahmed, respondent No. 5, one of the landlords of the petitioner who managed get all these actions taken by the respondent Nos. 1 and 2. Finally, the petitioner filed an application to the Deputy Commissioner, Madaripur stating all the facts but without any result. He was finally given an......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......pondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Writ Petit..

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.   ......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.   ...... is also Reported in: 46 DLR (HCD) (1994) 149.   ......e of sheer negligence of duty of the appellants, but for their negligent act the appellants cannot be prosecuted in such a criminal proceeding. 11. Mr. SA Hasan, the learned Assistant Attorney‑General appearing on behalf of the State, submits that die evidence adduced from the side of the pro..

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

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

....usband and her son Fakhrul were under treatment for long time because of their injuries. 4. As the police of Balaganj PS refused to register any case, the complainant filed a petition before the Deputy Commissioner Sylhet in pursuance of which the Additional Deputy Commissioner, Mr. Zaidi Satta......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: ......bsp;                            Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. H...... Md. Khan Alvi PLD 1950 Lah (FB) 288; 5 DLR (FC) 161; 10 DLR (SC) 29; AIR 1954 (SC) 436; AIR 1963 (SC) 1850; 10 DLR 134;  16 DLR 349. Lawyers Involved: AW Bhuiyan Additional Attorney‑General ins­tructed by, B Hossain, Advocate-on-Record-For the Appellant. (In Crliminal Appeal No..

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)

....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 ......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

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....ioner 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 (Respondent No. 2) have been impugned, 2. The following are avermen......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. ......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:......our Mill from 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 da..

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

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

....f another defeated candidate filed a Dispute Case No. 26 of 1990 under section 86 of the Co‑operative Ordinance, 1984 and the Registrar of the Co. operative Societies appointed respondent No.3, the Deputy Registrar (Shilpa) as Arbitrator who by the impugned award declared the election of the petit......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       ......resent: Md. Abdul Jalil J Kazi Ebadul Hoque J Syed Rahmatur Rub Irtiza Ahsan.............................Petitioner Vs. Government of the People's Republic of Bangladesh and others..........Respondents Judgment      March 12, 1992. ......ute to the Arbitration and, as such, the whole proceeding before the Arbitrator was void and the reference made by the Registrar is also void. 6. Mr. Fazlul Huq, the learned Assistant Attorney‑General, on the other hand, submits, section 86 of the Co‑operative Societies Ordinance covers als..

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