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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 ......f 1990. Judgment Mohammad Gholam Rabbani J.—By this application under Article 102 of the Constitution the petitioner challenges the correctness of the orders dismissing him twice from service. 2. Petitioner's case is that he is an officer under Bangladesh Power Development B..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....Press (192 1), "The Judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knighterrant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic......In the memo or in the submission no ground has been taken that the Tribunal had no jurisdiction to try the case or that the Tribunal arrived at absurd or preposterous conclusions from the evidence on record. For the reasons stated earlier this case also cannot be considered under section 561A of the...... 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 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
....9;s case, it was held as follows:
“Even otherwise, the above proceedings are in the nature of public Interest litigation and, therefore, in order to advance the cause of justice and public good, the power conferred on this Court under clause (3) of Article 184 of the Constitution is to be......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
......overnment employees are being paid superannuation pension by the government and this pension to the retired employees is not a bounty paid by the State but is an essential term and condition of their service and is paid on consideration of the obligation of the State not to leave its employees who r..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....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
......nesses were examined on the, side of the plaintiffs as against one on the side of the defendant. A number of documents were admitted in evidence on behalf of both sides. On perusal of the evidence on record and taking into consideration the Relevant Rules, the learned Subordinate Judge held that the......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)
.... 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. ......d Kazirchar within Police Station Muladi he held a meeting on 24.1.93 for enlisting members in the Sharbahara Party and as such, a General Diary being Diary No. 562 of Muladi PS date 26.1.93 has been recorded against him. In ground No.5 it is stated that on 4.2.93 he along with another 20/25 members...... 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. ..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 ......Mirpur Cantonment, Mirpur, on 18.12.86 when she was only 19 years of age. It is the case of the petitioner that after her marriage she mostly stayed with her parents while respondent being in defence service was transferred to various parts of the country and thus the petitioner No. 2 never had a ma..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
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 ......f 1981 before the Additional Deputy Commissioner, (Rev) Sylhet for mutation of their names and in pursuance of the report of the Circle Officer (Rev) Sylhet their names have been duly inutated in the record of rights, They stated that the first party petitioner has no right, title and possession in ...... 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
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 ......and homicidal in nature. 4. The seizure list which was made by Sub Inspector Azinain Hossain on 23.5.81 in the rented house in which accused used to live with his deceased wife Meher Negar is in record and it shows that he seized the following articles under the said seizure list in presence of......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 ......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 ......een impugned. 3. The petitioner Shamsun Nahar Awal was the founder Head Mistress of the Mohammadpur Girls' High School which was established in 1972. She appears to have rendered meritorious service initially for which she was awarded gold medal and title "Best Head Mistress" in 1..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ntariness of the confession. In so doing, he must put questions to the accused with a view to finding out the real object of the confession, whether it is made out of repentance or for any other such good reason or whether it is the result of torture or torturing by somebody or whether it has been c......hellip;………………….Respondents Judgment August 23, 1992. Result: All the appeals are allowed. Manner of recording confession of an accused Sub-section 164 (3) speaks of the manner as to how a confess......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)
....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. ......the number of countries to be endorsed upon such passport or travel document, etc. (1) or makes an order impounding or revoking a passport or travel document under clause (2) of the Article, it shall record in writing a brief statement of the reasons for making such order and furnish to the person c......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. ..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. ...... his opinion, found the specimen of the petitioner to be identical with those appearing on the conveyance deed, dated 6.3.1963. It is stated that the report to that effect was lying with the relevant record of the Govt. While the matter was pending before the Govt. in the Ministry of Works, the Aban......not be declared to have been passed without lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: The petitioner is a national of Bangladesh and is in the service of Bangladesh Jute Mills Corporation. He migrated from India in 1947 for permanent settlemen..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
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. ......is court rejected the application finding no illegality with the order of suspension of the function of the said BCI Ltd. pending inquiry by the relevant authority. 6. From an examination of the records it is seen that the petitioner along with 19 others have been indicted for violating the Ban......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. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....ase the new plots were created in the vacant space not earmarked for any Particular purpose in the master plan, left vacant for the purpose of rehabilitating the affected owners and it appears that a good number of plots have been created in the revised plan and it is leased out to genuine persons w......ion, the approved plan of the house of the petitioner and the allotment letter by which petitioner's plot was leased out to him by the Works Housing/Settlement Department and also other papers on record, submitted that the master plan would clearly show that the vacant space was kept in between ......
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
..
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)
....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. ......the defendant‑appellant, submitted that during the pendency of the Suit, the parties made a compromise, the terms of which arc embodied in the solenama (Ext. A) and therefore, the compromise may be recorded under Order 23, rule 3 of the Code of Civil Procedure and decree passed accordingly. Mr. MB......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. ..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.
...... be made have all been classified in Clauses (a) to (j). Creation of new posts for appointment therein is not a subject within the rule making power of the Inspector General. There is nothing on record to show, and also there cannot be anything to show, that the paragraph 310(a) in Part VI of t......sociation known as Bangladesh Registration Tax Collecting Karmachari Samity with its office at Sutrapur (Joykali Mandir), Dhaka to look after their welfare and to agitate their legitimate demands and service benefit to the concerned authorities. The petitioner No.1 is the elected president and petit..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......inally belonged to Gobinda Chandra Podder and others, from whom about 40 years ago one Joynal Abedin acquired it. He raised thereon two four chala tin sheds and used to live therein. The property was recorded in his name in SA Khatian. By a kabala executed by Joynal Abedin on 22.10.1965 and register......ficial capacity.
Whether the provision is mandatory or not, one has to look into its language, which is one of absolute prohibition. It is true that there is no consequential provision for non‑service of the notice. But when the language of the section absolutely prohibits institution of the ..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....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 ......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 ......992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expre..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....No. 2 would be deemed to waive the said condition of the deposit of balance 50% within seven days as in condition No.5 of the auction bid and therefore the subsequent deed would be considered to be a good deposit and the non‑approval of the petitioner lease by the Divisional Commissioner is not in......payment of rent for 1399 BS within period the petitioner tried his best and he is still willing to pay rent but it is not accepted. The order passed by the Divisional Commissioner, on the face of the record, is mala fide and arbitrary. There was no allegation against the petitioner that he has acted......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
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....train with full particulars and all Railway papers and that one Jasirnuddin, the TNC and Batch in‑charge received the connected papers of the wagon from the guard of the train. Then on 7.12.1975 up goods train scheduled for carrying the goods from Santahar Yard to Parbatipur Railway Station via Ph...... 6. It is also the case of the prosecution that Loco Foreman Paul Khan and Fuel Clerk, Syedd Ali Mandal dishonestly did not account for the said 11000 galons of superior kerosene oil in the records of Santahar Locoshed. It is also the case of the prosecution that consignee Mr. Abdur Rahman......arned Advocate for the appellants on the question of the non‑production of the original FIR. Admittedly, the original FIR was lodged by one AK Ghose of DAB who has since retired from the Government service. The original FIR, it appears from the perusal of the record, has been lost and the prosecut..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
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