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....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......onstitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......such act or enactment should come into effect and for the fact that such effective date has deprived certain class of persons of the benefit of the financial measure, such measure cannot be called in question by terming such measure as violative of the equality clause as enshrined in Article 27 of t..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....,000.00 to be paid through Bank Drafts, Accordingly, the Plaintiff Unnayan Parishad deposited the entire amount of Taka 4,20,000.00 through four separate Bank Drafts. This was followed by delivery of possession by the Railway authorities to the Plaintiff Unnayan Parishad, who raised a portion of the......up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application on 12.12.79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railways at village Jinardi for the purpose of setting up an industry there. The Ministr......Islam, Advocate—For the Appellants
Shaheed Alam, Advocate—For the Respondents.
First Appeal No. 53 of 1985
Judgment
Md. Abdul Karim J. — This First Appeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the l......ng mill with a capacity of 12.500 spindles, but as the Railway Administration delayed the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the plaintiff Unnayan Parishad was in difficulties in implementing the project. Thereafter..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ......e instituted under section 8 of the Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976 (Ordinance No.XXVIII of 1976). 2. The petitioner filed the case for restoration of land transferred for economic distress. According to section 2(c), period of economic distress means......nullah Khan, Advocates‑For the Petitioner. Omar Farook, Advocate‑For the Opposite Party No. 1. Civil Revision No. 4747 of 1991. Judgment AM Mahmudur Rahman J.- This Rule is against an order of the Assistant Judge selling aside an order passed in Miscellaneous Case instituted ......he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
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. ...... 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. ......unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......application under section 491 of the Code of Criminal Procedure the detention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execution of an order of deten..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... 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 ...... 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 ......tion and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......situation like this and, in fact, a habeas corpus petition would give her the most speedy and efficacious remedy. 10. In the case of Goher Begum Vs. Suggi, reported in AIR 1960 (SC) 93 a similar question of maintainability of a petition in Habeas Corpus under section 491 CrPC to restore a minor..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......4, 81 of 1984, 82 of 1984, 83 of 1984, 94 of 1984, 85 of 1984, 96 of 1984, 87 of 1984, 90 of 1984, 92 of 1984, 93 of 1984, 94 of 1984, 95 of 1984 and 96 of 1984 passed on 16.1.1988 has been called in question. Along with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by the same j..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the M......tion before the Upazila Magistrate against the accused party opposite party Nos. 1‑5 claiming that he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala de......m according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......f paddy and it was also revealed during such investigation that the first party also grew paddy in the case land in the last year and as such appropriate steps may be taken for attaching the paddy in question. 4. The learned Magistrate upon perusal of the said report of inquiry by the officerâ€..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 ......gar and Chemicals Ltd, 90 ITR 307; Jain Brothers and others Vs. Union of India and others, 77 ITR (SC) 107; Tata Iron & Steel Co. Ltd. Vs. Union of India and others, 75 ITR 676; Commissioner of Inland Revenue Vs. Frank Bernard Sanderson, 8 TC 44. Lawyers Involved: Rafique‑ul Huq with......s Case is also Reported in: 46 DLR (HCD) (1994) 260 ......roleum Limited...................................Applicant Vs. Commissioner 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 re..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 ......ce, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......he Court of Session passes sentences of death, the proceeding shall be submitted to High Court Division and the sentence shall not be executed unless it is confirmed by High Court Division. This very question came for consideration before the then Supreme Court of Pakistan in the case of Gul Hassan ..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 ......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 ......nsequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......we are clearly of the opinion that as a result of cancellation of the notification under Acting President's Order, certain rights have accrued in favour of the owners of the industrial concern in question and such Tights cannot be taken away by the exercise of locus poenitentiae. In the ins..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. ......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. ......wn the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ing to the prosecution he was a passenger of the said bus. P.W.2 Lebu Mia was also a passenger in the same bus. P.W.3 Md. Sabur was a local man. P.W. 5 Md. Kalu Mia was also a passenger of the bus in question. P.W. 5 Karim Mia was also a passenger of the said bus. P.W.7 Md. Majid Mia was a local res..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....thority may impound or cause to be impounded or revoke a passport or travel document. (a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof, (b) if the passport or travel document was obtained by suppression of mater......crore including the petitioner sponsors share of Taka 2.63 crore to be repaid in 10 years till 1. 10.98 with a two years grace period. Phasc‑II Dialogue Tower project on the petitioner's family land of 18.76 kathas at 64, Air Port Road to be built jointly with Lucky Gold star of South Korea an......no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ...... however received judicial interpretation years ago from the courts of English Jurisdiction. In South Helton Coal Company case, reported in 1894 1 QB at page 133, Lord Esher MR while dealing with the question of fair comment in matters of public interest observed that when so many people of a partic..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... years measuring 131 sq. yards and transferring the house (one room) built thereon for a consideration of Rs. 2700.00 by hire purchase on payment of balance amount within 15 years and got delivery of possession by two Memoranda, dated 7.8.1963 and 3.9.1963. The true copies of the appointment letter,......for and the Rule is liable to be discharged. 5. It appears that if the petitioner before us and before the Court of Settlement Abdur Rouf Khan is the same person Abdur Rouf who took lease of the land and purchased the house, then the property does not fit into the definition of abandoned proper......, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......r dismiss the application for non‑prosecution without deciding the issue. In the instant case, the Court of Settlement dismissed the application for non-prosecution and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Hou..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
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 ......ing the plaintiffs' prayer for amendment of the plaint of Title Suit No. 92 of 1990 (Originally Title Suit No. 160 of 1989 of the Local 3rd Court of Assistant Judge). 2. The opposite parties landlords brought the suit in the Third Court of Assistant Judge, Dhaka for ejectment from certain p......er court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......mistake having been discovered by the plaintiffs the amendment petition was made for change into the file to which the, suit would relate along with some other amendment on merit. 5. There is no question of change of nature and character of the suit by reason of the amendment on merit, that is,..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. ......hem but not for both of them, but following the ratio in the case of Bhimsen Vs. Union of India, (AIR 1951 SC) 481 the Court found that both the proceedings were held to be cause of the finding that clandestine affairs of smuggling are always conducted in the shady hours of the evening and definitel......connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......ommercial bank and turn it into a commercial bank and therefore, cannot further commit an offence punishable under section 109 of the Banking Companies Act. This eventuality is absent and there is no question of any repetition of the same activity in future, so the initial purpose of detaining a per..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....or purpose of development of civic amenities of the residents of the areas the vacant space in between was handed over to the Dhaka Municipal Corporation in 1982 and since then the vacant space is in possession of the Dhaka City Corporation and the petitioner and other owners of the houses of the sa......dated 30.8.1987 issued by the Assistant Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha unde......truction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......pur Housing Estate in the year 1967 had many a time been altered and rectified with the approval of the proper authority. In ft instant case as per approved plan of the authority the disputed land in question which is the vacant land in between blocks E & F as in the original master plan being w..
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)
....the learned Advocate appearing on behalf of the plaintiff and the defendant-respondents, on the other hand, argued that no effective compromise has been made and that the parties have not yet got any possession in respect of their respective legal share and that the alleged solenama is vague, indefi......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. ...... is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz Mohammad, Advocate‑For the Respondent Nos.2, 5 &......of share, Therefore, apparently we do not find any wrong or mistake in the amount of share allotted to the plaintiffs and defendants by the learned Subordinate Judge in his judgment. 7. The only question raised before us on behalf of the defendant No. 2‑appellant is that the parties made a co..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....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.
......
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.
......ation to the petitioners. Also incidentally whether the impugned order and violated the constitutional right of the petitioners' as well as the principle of natural justice. The prime question is, however, whether the petitioners, statutory right has been violated by the impugned ord..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....5 by the Munsif, Narayangonj decreeing Title Suit No. 19 of 1980.
2. The suit was instituted on 14.1.1980 for permanent injunction restraining thi defendants from interfering with the plainfiffs possession in the suit land (0.02 acre) comprising SA Plot No. 15 10 under SA Khatian No. 851 and al......ngonj decreeing Title Suit No. 19 of 1980.
2. The suit was instituted on 14.1.1980 for permanent injunction restraining thi defendants from interfering with the plainfiffs possession in the suit land (0.02 acre) comprising SA Plot No. 15 10 under SA Khatian No. 851 and also constituting Holding...... once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......nce held that the land claimed by the defendants being completely different from the land in suit, the defendants had no right to interfere with the plaintiffs possession in the suit property. On the question of maintainability of the suit he held that the notice issued upon the plaintiff by the mun..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....e Additional Deputy Commissioner (Rev) Sylhet on 15.5.91, Annexure‑D and under the order of the Additional Deputy Commissioner, Sylhet Tahasildar, Tahasil Office Golapgonj gave physical delivery of possession of the fishery on 8.2.92 vide Dhakhalnama under Memo 10 dated 8.2.92, Annexures‑‘......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 ...... this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......ubstance in those. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's Republic of Bangladesh in a summary proceeding and do not decide questions of facts and settle issues of fact or enforce a contract, for which other adequate remedy ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
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