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....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......ers.....................................Respondents
Judgment
July 14, 1993.
Result:
The Rule is made absolute.
Cases Referred to-
Mrs.Rowshan Bijaya Shaukat Ali Khan Vs. Government of East Pakistan, 17 DLR 1;Muhammad Hashim Vs. State, PhD 1956 (Karachi) 485;People's..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....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...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..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)
....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. ...... can pray for exclusion of any building to him from the list of abandoned properties without praying for any other relief that the building is not an abandoned property and has not been vested in the Government or that his right or interest has not been affected by the provisions of the said Order a..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....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......f America by a registered deed of sale dated June 8, 1964 and the Embassy took possession of the land and was in peaceful possession. While the Embassy was in possession it entered into a talk at the Government level for exchange of its land with the land of Rajdhani Urmayan Kartipakha (RAJ UK) situ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......hen they came to know from the principal defendants about the sale of the suit land by the proforma defendants to the principal defendants. The plaintiffs neither claimed to have paid any rent to the Government from 1363 BS till the time of filing the suit in 1382 BS nor produced and proved any rent..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
.... 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......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 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....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...... 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
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....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......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. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....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...... 426
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....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 ......igh Court Division
(Civil Appellate Jurisdiction)
Present:
Mohammad Mozammel Hoque J
Md. Abdul Karim J
Pronab Kumar Chakraborty and others............Appellants
Vs.
Government of the People's Republic of Bangladesh and others.......Respondents
Judgment&nbs..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....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......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. ..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....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...... 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 detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security),..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....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......ts of the country and thus the petitioner No. 2 never had a marital home of their own with the respondent though petitioner No. 2 at various times lived with respondent in the quarter allotted by the Government as a visitor. On 24.8.88 a child was born of the said wedlock and the child since then ha..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....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......n unskilled worker being a loader working under the petitioner Nos. 1 and 2 the Proprietor and the Manager respectively of a printing press named the Star Press, on a monthly wage of Taka 307.00. The Government by a Notification published in the Dhaka Gazette Extraordinary dated 12th July, 1980 bein..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....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 ...... 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
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....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......ncome of assessee or not, the true test is whether the amount reached the hand of the assessee. In the case before us the surplus was no doubt to be paid to the Corporation under the direction of the Government and there seems to arise an obligation. But each obligation is not the decisive factor. W..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....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......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)
.... 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......red to- Azimuddin Industries Ltd. Vs. Collector of Central Excise and Land Customs, Chittagong and others, 18 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 (S..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. ......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)
....nt Anwarul Hoque Chowdhury J.—This Rule, arises out of an application under Article 102 (2)(1) (b) of the Constitution of the People's Republic of Bangladesh and is directed against an order dated 19.5.92 issued by the Assistant Director, Immigration and Passport, Government of Bangla...... under Article 102 (2)(1) (b) of the Constitution of the People's Republic of Bangladesh and is directed against an order dated 19.5.92 issued by the Assistant Director, Immigration and Passport, Government of Bangladesh, impounding the passport of the petitioner. 2. In the instant case the..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
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