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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 ......ases concerned, appeal from which was barred by limitation, could be examined under section 561A of the Code of Criminal Procedure and whether the judgment of the tribunal could be quashed. 2. Before we enter into the facts of the cases the law in this regard has to be closely considered and se...... 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 ......1; Bangladesh Vs. Abdul Wahab and others, 12 BLD 368; Waryam Singh and another Vs. Amarnth, AIR 1954 (SC) 215; Muhammad Samiullah Khan and another Vs. State, PLD 1963 (SC) 237 = 15 DLR (SC) 150. Lawyers Involved: Maudud Ahmed with Azizul Haque and SK A Awal, Advocates—For the Petiti..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. ......mp; 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and othe......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. ......antage of that article. Now here it is mentioned that unless he applies for association membership his regular membership will cease…………………. (13) Lawyers Involved: Rafique‑ul Hoque, Moudud Ahmed, Azizul Hoque, Anjuman‑Ara‑Shelly & ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....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
......Md. Sirajul Hoque AAG—For the Respondent No.1.
Writ Petition No. 313 of 1989.
Judgment
Naimuddin Ahmed J.— In this writ petition the petitioner No.1 which is an association for the welfare of retired government employees and the petitioner Nos. 2 and 3 who are retired gove......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
......ladesh; DS; Ram Krishna Dalmia Vs. SR Tendolkar, 1959 SCR 279 at pa 296: (AIR 1958 SC at p. 547 IA; Sharwani and others Vs. Government of Pakistan, 1991 SCMR (Supreme Court Monthly Review) 1041.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates—For t..
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
......ppeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short......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
.......Respondents
Judgment
February 16, 1993.
Result:
The appeal is allowed.
Lawyers Involved:
Mahmudul Islam, Advocate—For the Appellants
Shaheed Alam, Advocat..
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. ......hid, was taken into custody in execution of an order of detention passed by the District Magistrate, Barisal on 24.9.93 under section 3(2) of the Special Powers Act, 1974 directing him to be detained for a period of 30 days. The grounds of detention were duly served on the detenu. The order of deten...... 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. ......s absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; Borjahan Vs. State of West Bengal, AIR 1972 (SC) 2256 AIR 1972 at page 2256. Lawyers Involved: Sayed Ziaul Karim, Advocate‑For the Petitioner M Shamsul Alam, DAG‑F..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 ......Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration A petition in the nature of Habeas Corpus for the custody of a minor, whether would be equally competent without sending the petitioner before...... 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 ......he welfare of the child. Cases Referred to- Goher Begum Vs. Suggi, A.I.R. 1960 (SC) 93; Imtiaz Banu's Case, A.I.R. 1979 (Allahabad) 25; Surinder Kaur Sandhu, A.I.R. 1984 (SC) 1224. Lawyers Involved: Amir‑ul‑Islam J with Miss. Shirin Ahmed Choudhury, Advocates—For th..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 ...... the respondents in the said IRO Case did not pay the said wage to the petitioner of that case who is the respondent No. 2 in Writ Petition No. 68 of 1988. As such, he filed IRO Case No. 78 of 1984 before the First Labour Court claiming minimum wage of Taka 400.00 per month with effect from 1st July......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 ......Judgment December 6, 1992. Result: All the Rules are discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates—For ..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 ...... December 2, 1992. Result: The Rule is made absolute. 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 prop...... 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 ...... 4 BLD (AD) 165; 26 DLR 170; 27 DLR 260; 20 DLR (DACCA) 367; PLD 1968 (Peshwar) 214; 25 Crl L. J. 1161 (Rangoon); 50 Crl. L. J. 967 (All); 32 Crl. L. J. 1237 (Cal); A. I. R. 1947 (Lahore) 227 Lawyers Involved: S K Sinha with AK Ahmedul Hasan, Advocates—For the Petitioner. Sha..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 ........................................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 revenue departmen...... 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 ......ers 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 Mustafa Adil and Md. Shorful Islam Khan, Advocates&mdas..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 ......ohammad Habibur Rahman J.—This Reference has been made by Mr. Md. Serajul Islam, Sessions Judge, Barguna in Sessions Case No. 84 of 1985 under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on 20.10.1990 upon absconding accused Abdul Khalequ......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 ......C) 89 = PLD 1969 SC 89; Dipok Kumar Sarker Vs. The State, 40 DLR (AD) 139; Pakala Narayan Swami Vs. The King Emperor (1939) 56, Indian Appeals 66 (76); Lutfunnahar Vs. The State, 27 DLR (AD) 29. Lawyers Involved: Basharatul Mowla, Advocate—For the condemned accused. AKM Shamsul ..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 ......ntiae. In the instant case, the Petitioner having obtained a right to join her post since there was a resolution both of the Appeal and Arbitration Committee and the Board reinstating her to her former post and that right cannot be taken away by the mala fide and motivated letter of the Board t......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 ......8 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. Lawyers Involved: Khondker AM Mohsenuddin, Advocate—For the Petitioner (In Writ Petition ..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. ......vision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly observed and followed to make the confession voluntary and true in the real sense to be fit for reliance for convicting an accused on his confession……………(7) ......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. ...... Rustom Ali Sikdar State Vs. Mizanul Islam @ Dablu and another 1988 BLD, page 317 Lutfun Nahar Begum Vs. The State, 27 DLR (AD), page 29, Shahoo Vs. The State of Uttar Pradesh AIR, 1966 (SC) 40. Lawyers Involved: Shawkat Ali Khan with Amjad Hossain, Fazlul Hoq Khan Farid and Md. Tomizuddi..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. ......sh; Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and reasonably. All these are inte......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. ......o the government functionary a power not vested in law. Cases Referred to- South Helton Coal Company case, 1894 1 QB at page 133; Attorney‑General Vs. PY A. Quarries (1957) 2 QB 169. Lawyers Involved: Moudud Ahmed with Rokanuddin Mahmood, Advocates—For the Petitioner. ..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. ...... The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the ......19.9.1978 the petitioner received a Memo from the Ministry asking him to supply certain information in the prescribed form‑A. The petitioner submitted the information as asked for. On 24.3.1982 the Martial Law was declared in the country and the petitioner made representation to the Chief Martial ...... as abandoned property made as per provision of President's Order 16 of 1972 read with Ordinance No.54 of 1985 to be illegal and without lawful authority………. (8 & 9) Lawyers Involved: MI Farooqui with M Salimullah and Faisal H Khan, Advocates‑For the Petition..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....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
...... E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on trial along with 22 others for offences under sections 395/397/436/109 and 412 of the Penal Code read with Regulation Nos. 1 an...... Md. Shabir Hassan @ Bachchu calling upon the respondents, namely, Government of Bangladesh and others to show cause why the impugned order of conviction and sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evidenced by Annexure E to the writ petition should not be declared to ...... and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104
Lawyers Involved:
MM Hyder Ali, Advocate—For the Petitioner
Lashkar Fakhruddin Ahmed..
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 ......ite Parties Judgment July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in ......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 ......urt under Order 7 rule 10, CPC……………….(5 &6) Cases Referred to- Benisham Mohanlal Khetan Vs. Mohadeb Tukaram Borkar, AIR 1985 (Bombay) 462. Lawyers Involved: Md. Azizul Huq, Advocate‑For the Petitioner. MA Rashid, with MA Khaled..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. ......District 315B Bangladesh, President of Chatkhil Upazila S amity in Dhaka, a member of the Managing Committee of his local Shahapur High School, Vice President of Wage Earners Association at Dhaka and former Government nominated Director of Baitul Aman Housing Co‑operative Society at Dhaka. He is a......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. ......desh, 30 DLR at page 131; Soagiti Chowdhury Vs. State of West Bengal, AIR 1972 (SC) 168; Bhimsen Vs. Union of India, (AIR 1951 SC) 481; Azizul Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers Involved: Mahabubur Rahman with Mrs. Ferdausi Shahab Advocates ‑ For the Petitioner. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
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
......nt 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 under Police Station Mirpur being plot No......
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
......;……..Respondent
Judgment
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md. Awlad Ali, Advocate—For the Petitioner.
Obaidur Rahman Mustafa..
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. ...... passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 43 of 1984. 2. Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the p......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. ......ment July 7, 1992. Result: The appeal 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 M..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.
...... The then Government of East Pakistan by an order dated 23.7.66 under the signature of Inspector General of Registration sanctioned non‑ Government post or BD Muharrars (basic democratic muharrars) for all the Sub‑Registry Offices of all the Districts of the then East Pakistan now Bangladesh. Th......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.
......ellip;……………………………………………….Petitioners
Vs.
Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and
other…………&hell..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
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