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

....y of joinder of charges in such a case, section 235 (1) is relevant but the principle involved is more or less the same as in section 239 (d). The prosecution case against the accused, a Reserve Inspector of Police, was that he carne on a visit to ‘R’ and took into custody two perso...... 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......eds, the accused persons on reaching the PS started Balaganj PS case No. 2 (3) 75 against the complaint's husband, her two sons Gous and Fakhrul on false allegations. In the morning of 2.3.75 the Policemen of Balaganj PS mercilessly assaulted the complaint's husband and her aforesaid two son......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: ..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

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

....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. ......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......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. ......n (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others.....

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)

....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       ......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......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       ......ion) Present: 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 1..

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

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

.... 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   ......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...... 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   ......also Reported in: 46 DLR (HCD) (1994) 221   ..

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   ......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......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   ......n Form Dha dated 23.1.92 (Annexure‑B) made by respondent No. 6 and published in the official Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal e..

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)

.... the said order dated 10.6.90 forthwith or such other or further order or orders passed as to this Court may seem fit and proper." 2. The case of the petitioner is, that he was appointed as Inspector of Customs and Excise under the National Board of Revenue. The respondent Nos.4, 5, 8 and ......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. ...... 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 ......inal Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J 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.........

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)

....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     ......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......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     ......rmen's Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others………………………&hellip..

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)

....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. ......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......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. ......vocates‑ For the Respondents. Writ Petition No. 195 of 1987. Judgment Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.19..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & anothe..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....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.......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.......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....... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Paul and Co., Narayanganj.......................Petitioner Vs. Bangladesh Bank, represented by its Governor and others.................Respondents Judgment A..

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. ...... 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......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. ...... ..

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)

....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. ......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......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. ......লমহাল ইজারা দলিল” and Annexure ‘C’ which was duly executed by the Additional Deputy Commissioner (Revenue), Madaripur, respondent No.4 on behalf of the President of Bangladesh, the order Annexure ‘V’ dated 22.11.89 passed by the Additional Commissioner, Dhaka D..

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. ......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 ......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. ..

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

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

....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. ......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......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. ......igh Court Division (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 ..

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

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

....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. ...... 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......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. ......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. ..

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

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

....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. ...... (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 Attorney......ith the consent of Mr. Kazi Shahadat Hossain, the learned Advocate for the petitioner and it was taken up for hearing on 13.2.1991. 3. The facts of the case are that Mr. Md. Shamser Alam, Deputy Police Commissioner, (North) Dhaka lodged information with the Officer‑in‑Charge, Cantonment Pol...... granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19...

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

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

....at he may have attained the age of sixteen yew during the period." "55. Detention of Child in place of safety.- (1) Any Probation Officer or Police Officer not below the rank of Assistant Sub‑Inspector or a person authorised by the Government in this behalf may take to a place of safety any ...... 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. ...... and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather of girl Sumati Begum, lodged a First information Report with Maulvibazar Police Station on 3.4.1989 stating therein that few months ago accused Manik and others kidnapped hi...... 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

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of India and another..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

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. ......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. ......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. ......: Md. Abdul 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. Cas..

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. ......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. ..

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