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Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....e Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Choudhury J KM Hasan J Ataur Rahman....................Petitioner Vs. Bangladesh & others.............Respondents Judgment May 25, 1992. Result: The ap......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......fter, the petitioner executed a bilateral lease deed with the People's Republic of Bangladesh represented by the Additional Deputy Commissioner (Rev) Sylhet on 15.5.91, Annexure‑D and under the order of the Additional Deputy Commissioner, Sylhet Tahasildar, Tahasil Office Golapgonj gave physic......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....aw. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......e lock and key of the landlords replacing the petitioner's lock and key. On inquiry he came to know that during his absence he was evicted and his press and other valuables were taken away by the order of the respondent No. 1 but he could not get any information as to what happened to his press ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..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)
.... Judge, Rajshahi Division, Rajshahi in Special Case No. 55 of 1983 (Bogra). The learned Divisional Special Judge found these appellants guilty of the charge under Sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two ye......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. ......For the Appellants. SA Hasan, Assistant Attorney‑Genera‑For the State. Criminal Appeal No. 79 of 1991. Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed against these appellants by the learned Divisional Special J......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)
....ecessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents. It does not appear from the impugned judgment that the High Court Division had perceived the facts of the case in its totality which is so very essential for correctly applying......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: ......tioner (In Criminal Petiotion for Leave to Appeal No. 91 of 1988). Criminal Appeal No.8 of 1989 with Criminal Petition for Leave to Appeal No.91 of 1988. (From the Judgment and order dated 15th June, 1988 passed by the High Court Division, Sylhet Bench, Sylhet, in Criminal App......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)
.... This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......t being Title Suit No. 259 of 1988 against the said bank in the First Court of Subordinate Judge, Dhaka praying for injunction against such proposed sale of the said goods and obtained an order of ad interim injunction. In the instant suit of the Bank i.e. TS No. 280 of 1989 the defendant petitioner......dgment Muhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of the defendant‑petitioners and is directed against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Comme......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
....
Section 10(4)(d)
In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the expenditure must be incurred under any legal obligation, payment must be made in terms of the agreement, the expenditure also must not enter into the computation for pensiona......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
......
The question No. III formulated for determination is answered in the affirmative and in the assessee.
The Income Tax Act, 1922 (Act no. XI of 1922)
Section 10(4)(d)
In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the e......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)
....ith 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 ......No.1 6. Being aggrieved by the above judgment and decree of the appellate Court below, the defendant petitioner moved the instant revisional application and obtained the present Rule and also an order of stay of the operation of the impugned judgment and decree till hearing of the Rule. 7....... 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
.... 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.
...... the last Settlement Survey, the said land was wrongly recorded in the names of the heirs of original owners and on a petition of objection by the said Duraram Upadhyaya, the CO (Rev) Sadar Sylhet by order dated 15.12.62, allowed the objection and directed correction of the record of rights in the n......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
....ported 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
......‘filing of appeal or withdrawal of appeal after filing the same does not stand in the way of getting relief in this jurisdiction.
In this view of the matter the Rule is made absolute without any order as to costs and impugned award dated 262.91 passed by the respondent No. 3. in Dispute Case No......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
....
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
...... be granted and as such the decision was communicated to the local manufacturers by memorandum dated 29.9.88 (Annexure‑D).
7. Pursuant to the above decision the Government in its import policy order 1989‑91 declared under the provision of section 3(1) the Imports and Exports (Control) Act, ...... 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)
.... 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 ......6 Returning Officer in Form Dha (Annexure‑B). Section 21 of the General Clausen Act, 1897 reads as follows: "Where, by any Act of Parliament or Regulation, a power to issue notifications, orders, rules, or bye‑laws is conferred, then that power includes a power, exercisable in the like......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
....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 Finance, Secretariat Building, Dhaka and others..........Re......
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
......iorney‑Generat—For the Respondent Nos.1‑3.
Writ Petition No. 1374 of 1990.
Judgment
Md. Abdul Jalil J.-This Rule was issued calling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition sh......
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
..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (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 ...... Judgment Muhammad Ansar Ali J.—This Rule arises out of an application under section 115(1) of the Code of Civil Procedure filed on behalf of the added defendant‑petitioner against an order dated 24.12.88 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No....... 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
....
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
......up Fishery to them and that the settlement was given to the petitioner by the Government illegally without holding any auction as per rules on 8.5.9 1. The prayer was allowed after lengthy hearing by order dated 17.7.91 and the said Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd......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
....es‑ For the Respondents.
Writ Petition No. 195 of 1987.
Judgment
Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 pa......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.
......
Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No.1 in IRO Case No.52 of 1980 should not be declared......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)
....opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (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 ...... the rent for the period from April to October, 1983 but the petitioner gave evasive reply. Thereafter the opposite party remitted Taka 350.00 as rent for the said period to the petitioner by a money order dated 14.11.83 but the petitioner refused to accept the money order on 11.11.193. Thereafter t......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 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....nal 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. ......ions 9, 10(3) and 11 of the Newspaper Employees (Conditions of Service) Act, 1974 (Act No. XXX of 1974), shortly the Act, as unconstitutional and (b) the constitution of the Fourth Wage Board and the interim award dated 30.12.90 given by the Fourth Wage Board in so far as payment of dearness allowan......s payment of dearness allowance, gratuity and income-tax is concerned, in Writ Petition No. 383 of 1991. A Rule Nisi was issued, but the Rule was discharged by the High Court Division by judgment and order dated 30.5.91 on a preliminary point as to the locus standi of the petitioner, it being held t......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)
....rial 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. ......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. ......rt of appeal below decreeing the suit is set aside and the judgment and decree passed by the 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. ......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. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....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.
......ty Commissioner (Revenue), Madaripur and No.5, Nikhil Chandra Malo, Secretary, Kabirajpur Union Matsyajibi Samabaya Samity Ltd. of Kabirajpur, Upazila Bajair, District Madaripur to show cause why the order Annexure ‘H’ dated 4.11.90 passed by Mr. AZM Nasiruddin, Secretary, Ministry of Land under......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)
.... 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. ......Criminal Revision No. 513 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against an order dated 7.5.90 passed by the Sessions Judge, Kishoregonj in Criminal Miscellaneous Case No.150 o......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
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