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Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......ossession follows title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amoun......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)

....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ......o order shall be made under this rule unless notice of the application has been served on the opposite party". 7. Mr. SR Pal has already argued in this regard that the High Court's writ jurisdiction being a Jurisdiction conferred by the Constitution, dismissal of a suit instituted agai..

Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ......e. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

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.     ......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.     ......sed without lawful authority and that the impugned resolution was politically motivated which had nothing to do with the transaction or the business of the Association and was passed in excess of its jurisdiction and that the impugned order was passed without lawful authority. 4. The respondent..

Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....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     ......previously imposed, at least where no comparable new advantage is provided. A cost of living increase in a retirement allowance, once granted by a town, becomes vested in the year when granted in the absence of a legislative intent to condition such an increase." (Emphasis added). (60A Am Jur. ......ng on or after 1.6.85 and this letter is at Annexure‑H to the writ petition. 5. Having been baffled in all their attempts to secure any remedy the petitioners approached this Court in its writ jurisdiction with the prayer that Memo No. MF (IF)‑I 1‑14n4 dated 21.1.74 as at Annexure‑B so ..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

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

.... Secretary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on payment of Taka 3155,000.00 per acre, the total amount being Taka 4,20,000.00 to be paid through Bank Drafts, Accordingly, the Plaintiff Unnay......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   ......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

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. ......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. ......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.   ......liable to be tried in a criminal court for the commission of a criminal offence would not by itself debar the Government from taking action for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention ..

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   ...... 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   ..

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

Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)

....than forty eight hours in any week. (2) Subject to the provisions of section 58, an adult worker may work for more than nine hours in a day or forty eight hours in a week. Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week and on the average f......id notification in addition to what has been agreed upon between the collective bargaining agent and the management if there was a specific stipulation to this effect in the agreements themselves. In absence of any such stipulation in the agreements entered into between the collective bargaining age......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   ..

Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3

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   ...... 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   ...... 439A CrPC and there being no alternative remedy and all the remedies for the first party being exhausted, the first party is competent enough to come under section 561A CrPC and the court Can assume jurisdiction to see if there is any illegality committed by the court below whose orders have been c..

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)

.... 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 Taka 10, 80, 03,751.00. The said amount was computed on the basis of the books of ac...... 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 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   ......f the State the learned Assistant Attorney‑General raised a preliminary objection that the proceeding for confirmation of the death sentence of the condemned accused should not be considered in his absence as he is a fugitive from justice and law. It is true that in the case of Chan Shah Vs. Crown......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   ..

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     ......uq, the learned Advocate appearing for the petitioner in Writ Petition No. 4 of 1990, has submitted that the resolution of the Appeal and Arbitration Committee of the Board appeared four times in her absence and the main ground upon which the Appeal and Arbitration Committee had rejected the report ......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)

....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.       ....... Of course, in case of other co-accused persons, there was no T.I. Parade and though it ought to have been held in the facts and circumstances of the case to identify the real culprits. Thus, in the absence of any reliable evidence and for want of any test identification Parade for other accused pe......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)

....€‘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 and Phase III‑Commercial printing with a total share cost of Taka 7.6 crore. In all Al‑Baraka Bank Bangladesh Ltd. agreed to invest in the ......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.   ......fore would be whether the passport authority in exercising the power under Article 7(2)(c) to impound a passport had acted within the. Power or acted by traveling beyond the power or had acted within jurisdiction but not reasonably, justly and fairly. If they had not acted so then the exercise of th..

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

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

....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.   ......above. The application was restored as case No. 760 of 1987 (Ka‑165 Mirpur Dhaka). The Government did not file any written statement against the material facts of the case of the petitioner. In the absence of written statement or objection the case was taken up by the Court of Settlement for heari......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

Shabir Hassan alias Bachchu Vs. Government of the People's Republic of Bangladesh and Others, 1992, 21 CLC (HCD)

....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 257   ......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 257   ......re by an order dated 3.7.86 which is impugned in this petition. 4. Mr. MM Hyder Ali, learned Advocate appearing for the petitioner, submits that the Chief Martial Law Administrator acted without jurisdiction in passing the order of sentence against the petitioner. 5. On review the Chief Ma..

Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1

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   ......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   ......s filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ..

Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1

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

.... the State Bank which is made punishable under section 109 of the Bangladesh Banking Company Act, 14 of 1991, a preventive detention for the same ground of alleged violation of Banking Company Act is totally unwarranted and it can only be passed for the mala fide purpose of keeping the detenu in det......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. ......liable to be tried in a criminal court for the commission of a criminal offence would not by itself debar the Government from taking action for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention ..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187