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Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ....... 15. Mr. MA Mannan, the learned Assistant Attorney‑General for the respondent No.2 candidly admits that no such notice was served upon the petitioners. 16. Thus, in view of the aforesaid law our general conclusion is that the listing of the properties in the (Kha) lists of abandoned pro..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......llowed has the effect of a decree for permanent injunction which cannot be made without seeking for declaration of the. He contends that the order of amendment is contrary to the settled principle of law. 7. Mr. Shah Abu Nayeem Mominur Rahman vigorously canvassed that as the plaintiff was in po..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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 ......th AFM Shahid, DAG and Syed Matiul Islam, AAG—For the State. Criminal Revision Nos. 1155, 1679 of 1992. Judgment AKM Sadeque J.—These two Rules involve a common question of law touching upon the fate of similar other Rules pending in this Court. These Rules call in a quest..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. ......r Council and others, to show cause why the order dated 31.12.91 passed by the Bangladesh Bar Council in Appeal No.2 of 1991 dismissing the appeal should not be declared to have been made without any lawful authority and why it shall not be declared that Rule 66(1) of the Bangladesh Legal Practition..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....rding to Notification No. MF (Regn 1) 3P‑28/85/60 dated 10.8.85 and Notification No. অম/বিধি-১/৩পি-২৮/৮৫/৬১ dated 5.7.89 will tantamount to legislation in the way of amending those notifications and this the Court cannot undertake. We are not legislating by declarin......F)‑I 1‑14n4 dated 21.1.74 as at Annexure‑B so far as it produced the effect of paying different amounts of pension to the pensioners retiring from the same post should be declared to be without lawful authority and of no legal effect with a further prayer to expunge the expression "in res..
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
......ormance of contract.
6. Mr. Shadeed Alam, learned Advocate for defendant‑respondent, has supported the impugned judgment as being properly based on evidence and in accordance with the relevant law and Rules.
7. P.W.1 Shafiuddin Ahmed, President of Jinardi Unnayan Parishad, has proved an ..
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. ......s have not deprived the detenu of his right to submit any effective representation against his detention. He also contends that pendency of specific criminal case cannot be a bar against applying the law of preventive detention against a person if the detaining authority is satisfied that it is nece..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 ......s or certiorari or quo warranto, can take to the notice of the Court that some body is illegally detained by any person and pray for a declaration that the person is so detained illegally and without lawful authority and the Court shall; after being so satisfied, direct the person to be set at liber..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 ......ch runs as follows: "Prohibition to pay wages at a rate below the minimum rate of wages :‑(I) Subject only to such deductions as may be authorised under this Ordinance, or under any other law for the time being in force, no employer shall pay any worker wages at a rate lower than the rat..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 ...... but the opposite parties who failed to purchase the land became hostile to the petitioner and on the 15th April, 1985 at about 09:00/10:00 AM came to the land armed with lathi, sulfi and formed an unlawful assembly and attacked the petitioner in the case land, But due to the intervention of the nei..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 ......rmination are answered in the affirmative and in favour of revenue department. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Section 160 Unless a question of law arises out of the order of the Taxes Appellate Tribunal, this High Court Division has no power t..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 ......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, PLD 1956 (FC) 43 = 8 DLR (FC) 24, it was he..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 ......hat the order contained in Memo dated 11.10.89 (Annexure‑1) is contrary to the decision of the Appeal and Arbitration Committee duly affirmed by the Board and therefore this Annexure‑I is without lawful authority. Then the petitioner Shamsun Nahar Awal also claimed that the Annexure‑I is malaf..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. ......to how a confession of an accused is to be recorded by a magistrate and this is a mandatory provision and failure to comply with it shall make the confession invalid and unreliable. This provision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly ob..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. ......lip;…………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive authority under the provision of a law need to exercise..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. ......pplication for non‑prosecution, although it had framed an issue and decided the issue without going into merit. This, in our view, is illegal and in so deciding the Court of Settlement acted beyond lawful authority. The judgment in affirming and maintaining inclusion of House No.10‑C, Lane ..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 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 have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on ..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....error of law, but that there has been a procedural irregularity committed in proceeding with the suit which after amendment is not triable by that court. In such view of the matter the impugned order amending the plaint is not liable to be interfered with in revision. In the result, the Rule is......Mr. Md. Azizul Huq the learned Advocate for the petitioners adds that the court could not allow an amendment ousting its own jurisdiction to try the suit and as such there has been a serious error of law resulting error in its decision occasioning failure of justice. Mr. M Khaled Ahmed, the learned ..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. ......e Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen of Banglad..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
......nistry of Town Planning and in the instant case any sub‑division of plots were unauthorised and having unauthorisedly injected in to the main master plan the sub‑division of the plots are without lawful authority and further this sub‑division would make the area completely uninhabitable, unhea..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
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