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Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....llip;………………….......Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent.......pecial Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………......dent No. 5. Writ Petition No. 752 of 1989. Judgment Md. Abdul Jalil J. -This Rule was issued calling upon the respondents, namely, Mr. AKM Musa, Upazila Nirbahi Officer, Madaripur, Mr. Dilip Kumar Basak, Magistrate, 1st Class and Upazila Magistrate, Madaripur and others to show cause ......o. 5. Writ Petition No. 752 of 1989. Judgment Md. Abdul Jalil J. -This Rule was issued calling upon the respondents, namely, Mr. AKM Musa, Upazila Nirbahi Officer, Madaripur, Mr. Dilip Kumar Basak, Magistrate, 1st Class and Upazila Magistrate, Madaripur and others to show cause why th..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....Respondent Judgment May 20, 1992. Result: The appeal preferred by convict‑appellant is dismissed with the modification in the sentence. Lawyers Involved: Mansur Habib, Advocate‑For the Appellants. SA Hasan, Assistant Attorney‑Genera‑For the State. Crim......ourt High Court Division (Criminal Appellate jurisdiction) Present: Mahmudul Amin Chowdhury J Syed Ali Mandal alias Md. Syed Ali and 4 others……..Appellants Vs. State…………………………&helli......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

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

.... 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.8 of 1988) SK Sinha, Advocate, Su......;                                 Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal A......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: ......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

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....rovincial (now Bangla­desh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 1963 Cal. 132. Lawyers Involved: AKM Ashaduzzarnan, Advocate—For the Petitioners SA Rahim, Advocate—For the Opposite Party No.1 Ci......vision (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Md. Abdul Karim J Bengal Metro Engineering Co. and others………….Petitioner Vs.     Agrani Bank.......................opposite Party Judgment ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

....ali and Chemical Corporation of India Ltd. 158 ITR 58; Tennant Vs. Smith, 3 TC 158; Corry Vs. Robinson, 18 TC 411; Brij Lal Jajoo Vs. CIT, 17 DLR (SC) 16. Lawyers Involved: Moksudur Rahman, Advocate—For the Applicant Petitioner AKM Mozammel Hoque Bhuiyan, Advocate—For the ......atutory Original Jurisdiction) Present: AM Mahmudur Rahman J Syed J R Mudassir Hussain J Commissioner of Taxes, Dhaka (South) Zone, Dhaka...........................Petitioner Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent ......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ..

Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

.... 287; H and Fabric Limited Vs. Mallik Textile and others, 1985 BLD 271; Ram Chandra Das and others Vs. Md. Khalilur Rahman, 37 DLR (AD) 21. Lawyers Involved:  MA Matin with MA Jabbar, Advocates‑For the Petitioner. Zakir Ahmed with Mrs. Masuma Akhter, Advocates‑For opposite P......nal Jurisdiction) Present: Muhammad Ansar Ali J Asim Ali…………………………………….Petitioner Vs. Badaruddin @ Suruj Mia & others…………………...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

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

.... of East Pakistan 20 DLR 976, 980; Sultanuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252. Lawyers Involved: Azizur Rahman Choudhury with Md. Abdul Mannan, Advocates‑For the Petitioner. QA Hossain, AAG‑For the Respondent Nos.1 and 2. Syed Das...... High Court Division (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, Prop......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. ......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. ..

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)

....eferred to- M S Madhava Rao and others Vs. DVK Surva Rao, AIR 1954 (Mad) 103; Gopi Nath and another Vs. Ram Nath, AIR 1925 (All) 356. Lawyers Involved: AK Badrul Huq with Dil Mohammad, Advocates—For the Petitioner. Fazlul Haque, AAG—For the Respondents Writ Petit......High Court Division (Special Original Jurisdiction) 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 ......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       ......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       ..

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)

....ip;….Respondents [In all three writ Petitions] Judgment March 4, 1992. Result: The petitions are failed and the Rule is discharged Lawyers Involved: Fida M Kamal, Advocate‑For the Petitioners (in all 3 writ petitions) AF Hasan Arif, DAG with Fazlur Haq, AA...... No. 2341 of 1991] Padma Electric  Co………………………………Petitioner [In Writ Petition No. 2342 of 1991] Vs. Bangladesh represented by the Secretary, Ministry of Industries and others…&hel...... 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   ...... 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   ..

Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

.... (AD) 13; Farid Mia, 42 DLR (AD) 13; Farzana Ali Vs. Province of West Pakistan PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque 40 DLR (AD) 10. Lawyers Involved: Abdul Hamid Chowdhury, Advocate—For the Petitioner. Writ Petition No. 699 of 1992. Judgment Fazle Huss...... Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment   ......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   ......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   ..

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)

....onstitution. So, the question has arisen as to whether this Court has jurisdiction to entertain the petition in view of Article 117(2) of the Constitution. 6. Khondker Mahbubuddin Ahmed, learned Advocate appearing for the petitioner, submitted that the application being for enforcement of funda......me Court High Court Division (Special Original 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 Fi...... 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 ......dents Judgment February 12, 1992. Result: This Rule is disposed of. Cases Referred to- Civil Appeal No.35 of 1987 (Mujibur Rahman Vs. Government of Bangladesh SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (P..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)

.... the same is not inconsistent with the earlier pleadings or it does not substitute any cause of action of the suit……………..(5) Lawyers Involved: Ruhul Amin, Advocate— For the Petitioner. Miah Abdul Gafur, Advocate—For the Plaintiff‑Opposi......gh Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Muhammad Ansar Ali J Sri Kirtish Chandra Dev...........................Petitioner Vs. Begum Sufia Akhtar and Others................Opposite Parties Judgment February 5...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313         ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313         ..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

.... others, 1981 BLD (AD) 105; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85 Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Miss Nihad Kabir, Advocates—For the Petitioner. AY Salehuzzaman DAG with QA Hossain, AAG— For the res......ali Fishermen's Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others……………………&helli......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     ......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     ..

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)

....p;…………………Respondents Judgment January 12, 1992. Result: The Rule stands discharged. Lawyers Involved: Md. Jainul Abedin, Advocate‑For the Petitioners Mahbubul Huque with AQ Rashid Ahmed, Advocates‑ For the Respon......cial Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Managing Director, Rupali Bank Limited & others…………Petitioners Vs. Chairman, First Labour Court & others………………&h......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. ......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. ..

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

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

....nother Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183; Abdus Sattar and others Vs. Suresh Chandra Das and others 32 DLR (AD) 170. Lawyers Involved: SK Sinha, Advocate—For the Petitioner. MA Mannan, Advocate—For the Opposite Party. Civil......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 ...... Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. 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. Banglad..

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)

...........................Petitioner Vs. Bangladesh Bank, represented by its Governor and others.................Respondents Judgment August 27, 1991. Lawyers Involved: Rabindra Ghose, Advocate ‑ For the Petitioner. Dr. M Zahir, Advocate ‑ For the Respondent Nos. 1 and 2. Ra...... Court 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 Judgme......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...

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)

....Mukti Morcha Vs. Union of India, AIR 1984 (SC) 802; Dr. DC Wadhwa and others Vs. State of Bihar, AIR 1987 (Sc 579. Lawyers Involved: Asrarul Hossain and Khandker Mahbubuddin Ahmed, Senior Advocates (Md. Joynul Abedin, Advocate with them) instructed by Md. Aftab Hossain, Advocate-on-Recor......t: 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 of Bangla­desh, represented by its Secretar......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. ......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

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....hoda Baksh, 29 DLR (SC) 268; Kumbhan Laksbmanna and others Vs. Thugirala Venkateswaria, 2 DLR (PC) 83. Lawyers Involved: Sayed Md. Dastagir Hossain with Md. Abdur Rashid and Zakir Hossain, Advocates ‑ For the Petitioner. Abu Sayed Ahmed, Advocate ‑ For the Opposite Parties. ......t here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......tract by cogent and reliable evidence to avoid false and got up claims...........................(10) Cases Referred to- Al‑Haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Amal Kumar Moitra Vs. Md. Mashiur Rahman, 30 DLR (SC) 244; Fakruddin Vs. Md. Khoda Baksh, 29 DLR (SC) 268..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, 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......e Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, ......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. ......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. ..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

.... Vs. State and others.................Opposite Parties Judgment March 28, 1991. Case Referred Uo- 42 DLR (HCD) 297. Lawyers Involved: SS Haldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocat...... High Court Division (Criminal Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Badrul Islam Chowdhury J Tapash Nandi ..........................Petitioner Vs. State and others.................Opposite Parties Judgment March 28, 1991. C......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