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

....ng over responsibility to provide single phase electric meters to the consumers of electricity when it is the responsibility of such consumers to procure such meters. 17. Mr. Hasan Arif, learned Deputy Attorney- General appearing for the respondent No. 3, submitted that petitioner of Writ Petit...... 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   ......ellip;……………………Petitioner [In Writ Petition No. 2342 of 1991] Vs. Bangladesh represented by the Secretary, Ministry of Industries and others…………………….Respondents [In all ......ility to provide single phase electric meters to the consumers of electricity when it is the responsibility of such consumers to procure such meters. 17. Mr. Hasan Arif, learned Deputy Attorney- General appearing for the respondent No. 3, submitted that petitioner of Writ Petition No. 273 of 19..

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

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

....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   ......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        ......45), as respondent No. 1 Election Commission merely copied the name of the elected Chairman from the statement sent by respondent No. 6 Returning Officer in Form Dha (Annexure‑B). Section 21 of the General Clausen Act, 1897 reads as follows: "Where, by any Act of Parliament or Regulation..

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 ...... M M Sahidur Rahman..............................Petitioner Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents Judgment February 12, 1992. Result: This Rule is......sh, 34 DLR 77. LawyersInvolved: Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin and Mirza Hossain Haider—For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney­-General with Md. Delwar Hossain, Assistant Aiiorney‑Generat—For the Respondent Nos.1‑3. ..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....ension of period of lease. The petitioner has riled the Government's order dated 8.5.91 (Annexure‑E) signed by the Assistant Secretary, Ministry of Land to show that the Government directed the Deputy Commissioner, Netrokona, respondent No. 2 to extend the lease in favour of the petitioner for......erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others…………………………Respondent......In the said case it has also been held that unless the lessee has violated any condition the Government cannot arbitrarily cancel the lease. 7. Mr. AY Salehuzzaman, the learned Deputy Attorney‑General appearing for the respondent Nos.1‑7, draws our attention to the affidavit‑in-­oppos..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

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

.... Scale of 1973. First party Sekendar Ali Howladar submitted a representation to the Bank authority and his case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation i......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 ......of 1973. First party Sekendar Ali Howladar submitted a representation to the Bank authority and his case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation in his p..

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)

....ould not be declared to have been passed erroneously without any lawful authority and to be of no legal effect. 2. Subsequent to the issuance of the Respondent No.1, Bangladesh Bank, respondent 2, Deputy Manager, Banking Control Department, Bangladesh Bank, filed affidavit‑in‑opposition annex......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....... 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

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

....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. ......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. ......presented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangla­desh, represented by its Secretary, Ministry of Information and four others ..................Respondents Judgment July 15, 1991. Result: ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic o..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....on 25th November, 1990 calling upon the respondent No.1. Secretary, Ministry of Land, No.2, Member‑1, Land Appeal Board, Dhaka, No.3, Additional Commissioner, Dhaka Division, Dhaka, No.4 Additional Deputy Commissioner (Revenue), Madaripur and No.5, Nikhil Chandra Malo, Secretary, Kabirajpur Union ......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ...... Mainur Reza Chowdhury J Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, 1991. Lawyers Involved: Subra......tary, Ministry of Land and others ..............Respondents Judgment May 30, 1991. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Petitioner. QA Hossain, Assistant Attorney General ‑ For the Respondent No.1. SS Halder with Shahed Alam, Advocates ‑ For the Respondent..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......n: 45 DLR (HCD) (1993) 26. ......ldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑ For the Opposite Parties. Shah Azizur Rahman, Assistant Attorney-­General ‑ For the State. Criminal Revision No. 513 of 1990. Judgment Anwarul Haque ..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ugh Court on 25.9.79 and thereby the petitioner became the absolute owner of the said holding. In the said suit the Secretary, Ministry of Works and the Government of Bangla­desh, represented by the Deputy Commissioner, Dhaka were added as defendants, but none contested the suit. The Government fil......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......ision (Special Original Jurisdiction) Present: Md. Abdul Jalil J Qazi Shafiuddin J Rahela Khatun.....................Petitioner Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents Judgment ......ha, Ramna, Dhaka and others.................Respondents Judgment March 12, 1991. Lawyers Involved: Mahfuzur Rahman, Advocate ‑ For the Petitioner. Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2. Writ Petition No. 398 of 1989. Judgment Md. Abdul Jal..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....on ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the Respondent......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......43 DLR (AD) (1991) 121. ...... exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the Respondent. Criminal..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

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

....ved: Kazi Shahadat Hossain with M Razaul Karim, Advocates ‑ For the Petitioner. Aminul Huq, Attorney‑ General with Abdul Wadud Bhuiyan, Additional Attorney‑General and M Shamsul Alam, Deputy Attorney‑General ‑ For the State. Criminal Revision No.142 of 1991. Judgment ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......tate………………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR ...... (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19. Lawyers Involved: Kazi Shahadat Hossain with M Razaul Karim, Advocates ‑ For the Petitioner. Aminul Huq, Attorney‑ General with Abdul Wadud Bhuiyan, Additional Attorney‑General and M Shamsul Alam, Deputy Attorneyâ..

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

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....posite Party No.1. Basharatul Mowla, Advocate ‑ For the State. Criminal Revision No.17 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and or...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred......inistry of Health and Population Control aid others, 33 DLR (AD) page 201. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney ­General ‑For the Respondents. Writ Petition No. 366 of 1987. Judgment Md. Abdul Jalil J. ..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ...... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

....d in the High Court Division in revision. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on–Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Cri...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......LR (AD) (1991) 123. ......urt Division in revision. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on–Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No...

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra...............Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......al J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. Result: ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw......3; Pakistan & mother Vs. Quazi Syed Hikmat Hussain PLD 1959 (SC) 107; 18 DLR (SC) 532; 17 DLR (SC) 63; 22 DLR (SC) 331; 36 DLR (AD) 26. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant Rafiqur Rahman, Senior A..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....f a single witness, PW 7, who did not corroborate three other witnesses, namely PWs 2, 3 and 4 who deposed to have recognised the assailants on the spot in moon light. 4. Mr. B Hossain, learned Deputy Attorney­ General, has taken us through the entire depositions recorded in this case and ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accu......W 7, who did not corroborate three other witnesses, namely PWs 2, 3 and 4 who deposed to have recognised the assailants on the spot in moon light. 4. Mr. B Hossain, learned Deputy Attorney­ General, has taken us through the entire depositions recorded in this case and has contended that pa..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88