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A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......DLR (HCD) (1994) 156 ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....e alleged victim girl is that she, being an adult woman and not being an accused or a lunatic, is entitled to live freely. If she is kept in custody under the garb of a Court's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and ......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he......bered Criminal Misc. Case No.501 of 1992. 7. The learned Sessions Judge, Netrokona heard the Criminal Misc. Case No. 477 of 1992 and Misc. Case No.501 of 1992 analogously and by his judgment and order dated 20.9.92 disposed of both the cases with the observation that, "either the victim pe..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....in the present suit rather, the present plaintiff who is a share-holder like defendant No. 1 has filed the present suit against another share-holder. This type of suit is not at all permissible under law. As per clause of joint venture agreement the new company, namely, JV Amin Fishing Industries Lt......ed in: 46 DLR (HCD) (1994) 39
...... the voucher file containing several vouchers. Ext. 15 is the salary sheet files of the staffs. Ext. 17 are the copies of the-applications relating to joint venture company. Ext. 18 is the Government order. Ext. 19 is the certificate of incorporation and memorandum. Ext. 20 is the miscellaneous file..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....hers to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner.
2. The case of the petitioner is that he is a citize......ofessor Ghulam Azam……..........................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Re......g that he is a citizen of Bangladesh by birth and that the said notice was not binding on him. On the same day at about 11-30 PM the detenu-petitioner was taken to Dhaka Central Jail and the impugned order of detention was served on the detenu-petitioner, a copy of which has been filed as Annexure N..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... person released," it is submitted by the learned Advocate for the appellants that the trial of this case ought to have been stopped and the accused ought to have been released according to law on the expiry of the period of 270 days. According to the learned Advocate for the appellant, th......(HCD) (1994) 212 ......dgment Muhammad Ansar Ali J.-This appeal at the instance of appellants, (1) Md. Abul Khayer, (2) Md. Idris Ali, (3) Md. Abdul Karim alias Karim and (4) Abdur Rahim arises out of the judgment and order of conviction and sentence dated 11.8.91 passed by The learned Sessions Judge, Naogaon in Sess..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
..... 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......orted in: 46 DLR (HCD) (1994) 18 ......ndent No.2 Writ Petition No. 90 of 1988. Judgment Mohammad Gholam Rabbani J.-By this application under Article 102 of the Constitution the petitioners call in question the judgment and order of the Court of Settlement dated 8.9.87 passed in Case No. 250 of 1987 dismissing the case. ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....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......llip;…………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M ......d. Abu Nayeem Mohammad Mominur Rahman, Advocate‑For the Opposite Party. Civil Revision No. 1967 of 1991. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against the order dated June 15, 1991 passed by the Additional Assistant Judge, 5th Court, Dhaka allowing an app..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25, 1993. Result: The Rule is dis...... 1. Writ Petition No. 1889 of 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 und..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....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......p;…………Opposite Party Judgment May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, 32 DLR (AD) 1;......re in respect or cases from which appeals are barred by law of limitation. These two Rules are particularly concerned with cases under the Special Powers Act. The period of appeal from a judgment and order under the Special Powers Act, 1974 is 30 days in accordance With section 30 of the Special Pow..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....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......urisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is mad......Abdul Jalil J.- This Rule, at the instance of Mr. Moudud Ahmed, an Advocate of this Court, was issued calling upon the respondents namely, the Bangladesh Bar 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 appe..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....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......nal Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secret......fter 1.6.85 has been absolutely arbitrary being contrary to the principle of classification and, therefore, violative of the equality clause as enshrined in Article 27 of the Constitution.
4. In order to seek remedy against such unjust classification resulting in discrimination against the pens..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....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 ...... (1994) 268
......nment in any Department or for a Railway, whether by private purchase or compulsory acquisition, and which are no longer required for the purposes originally intended, shall be relinquished under the orders of Government in the Administrative Department concerned, which will issue instructions ..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ......sp; Rebati Ranjan Dhar & another……………………………Petitioners Vs. Jatish Chandra Dhar……………………………&h......han, Advocates‑For the Petitioner. Omar Farook, Advocate‑For the Opposite Party No. 1. Civil Revision No. 4747 of 1991. Judgment AM Mahmudur Rahman J.- This Rule is against an order of the Assistant Judge selling aside an order passed in Miscellaneous Case instituted under se..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....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......enu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of 3 months. 3. Thi......bdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, 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 S..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....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......: 46 DLR (HCD) (1994) 399 ......e respondent husband submits that this is not a case of kidnapping but an act done perhaps in misunderstanding of the law but not willfully. According to the learned Advocate, this court may pass the order as the court may think fit and proper giving custody of the child to the mother but with a dir..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....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......LR (HCD) (1994) 359 ......he Respondent No. 2 in all the Writ Petitions. Writ Petition No. 68 of 1988 with Writ Petition Nos. 198-211 of 1988 Judgment Naimuddin Ahmed J. — In these writ petitions a single order passed by the Writ Labour Court, Dhaka in IRO Cases No. 78 of 1984, 80 of 1984, 81 of 1984, 82..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... 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......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ......erty— 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 property at the time of making the initial order. If the finding of the Magistrate as to possession is based on evidence before him from which ..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)
....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......oner 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 department. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI ......wered 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 to decide the same. But..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....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......ber 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. S......ccused who is fugitive from justice is not entitled to file any petition or appeal through any advocate as the individual who is seeking interference of the Sovereign to obtain revision of a judicial order is himself engaged in setting that judicial order at naught. (Also see Nirmal Krishna Chanda V..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)
....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......sp; Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........R...... or rescind is available under section 21 of the General Clauses Act such power does not include the authority to take away a validly acquired right— Whether only one who is affected by an order or a resolution has a right to be heard—Only one who is affected by the order or the res..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
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