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Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....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...... ......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)
....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......nwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………………&h......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..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....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 ...... Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others……………………………Re...... 9762 (59) against Serial No.165 under the caption" Mirpur Section 10 C" should not be declared to have been made without lawful authority and is of no legal effect and why the judgment and order dated 24.12.88 passed by the Court of Settlement in case No. 760 of 1987 (Ka‑165, Mirpur, Dh..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....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 ......ion)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shabir Hassan alias Bachchu......................Petitioner
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made a......
Md. Abdul Jalil J.-This Rule Nisi was issued at the instance of Md. Shabir Hassan @ Bachchu calling upon the respondents, namely, Government of Bangladesh and others to show cause why the impugned order of conviction and sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evide..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....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 ......Case is also Reported in: 46 DLR (HCD) (1994) 106 ......ates‑ For the Opposite Parties. Civil Revision No. 27 of 1991. Judgment DM Ansaruddin Ahmed J.-This Rule issued at the instance of the defendants is directed against the judgment and order passed on 19.11. 1990 by the Additional Assistant Judge, Second Court, Dhaka allowing the plai..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....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......n (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- ...... Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 (2)(b)(i) of the Constitution of the People's Republic of Bangladesh and is directed against an order of detention issued by the Assistant Secretary of the Ministry of Home Affairs, Government of ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....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......lip;……………………………………Petitioner
Vs.
Bangladesh, represented by the Secretary Ministry of Works and others……………………..Respondent
Judgment......91 but no action has been taken in this regard by the respondents. It has been the further case that the new allottees being respondent Nos. 4 and 5 has constructed the house pursuant to the impugned order on the vacant space just in front of the house of the petitioner and other allottees blocking ..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ode. 10. Order 23, rule 3 of' the Code of Civil Procedure runs thus: "(3) Where It is proved to the satisfaction of the court that a Suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the who......Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Resu......justed wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject‑matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in acc..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....ause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the permanent posts of Muharrars shall not be declared illegal, void and without lawful authority.
2. The petitioner No.1 was enlisted as a Copyist, otherwise known as extra‑......so Reported in: 46 DLR (HCD) (1994) 46.
......stice, Bangladesh Sachibalaya, Dhaka, the Sahakari Sachib, Ministry of Law and Justice, the Inspector General of Registration, Dhaka and District Registrar, Dhaka to show cause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the perma..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....e obtained the instant Rule.
7. Mr. Fakir Abdul Mannan, the learned advocate for the petitioners, has pressed only one point. He submits that the learned Subordinate Judge has seriously erred in law in finding that prior service of the statutory notice was not a necessity, He takes me through t......t Division
(Civil Revisional Jurisdiction)
Present:
D M Ansar Uddin Ahmed J
Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others……………Petitioners
Vs.
Abdur Razzak…&hel......inance was also pleaded in the defence.
5. The suit was dismissed on contest on 7.8.1981. But in appeal (TA No. 151/81) it was sent back on remand for fresh decision after local investigation in order to ascertain whether the suit land was attracted by any portion of CS plot No. 279. There was ..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....nch to dispose of the matter. The learned Chief Justice, however, constituted this Special Bench consisting of us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by this judgment. ......kur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. ......ry of Defence in exercise of his power under Rule 8(1)(f) of the Civilian Employees in Defence Services (Classification Control and Appeal) Rules, 1961 compulsorily retired the said petitioner by his order dated 9.7.89 (Annexure‑H of his WP No. 1737 of 1989). 8. As already stated petitioner S..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... is, thus, contractual in nature and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement, must be lawful in nature and hence enforceable in law. An agreement which is illegal by itself cannot be enf...... When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh......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..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
.... 2 opening the tenanted house of the petitioner by breaking the lock and taking away the goods lying inside the house (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahma......risdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………….......Res......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 ..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)
....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. ...... 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..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....ers 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 the law as to joinder of charges. The principles of law on the subject are by now well‑settled but err......bsp; Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. H......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..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....o sell out the pledged goods i.e. the turbine pumps during the pendency of the suit and as such the application seeking permission from the Court for such sale is improper, illegal and incompetent in law. Nextly, the learned Advocate has submitted that the impugned order dated 12.5.90 is wholly bad ...... ......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..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....tion of section 40(c) (iii) of 1961 Act. Other cases cited by Mr. Bhuiyan are also on interpretation of section 40(c) (iii) of Indian Income Tax Act, 1961. As these decisions are on interpretation of law quite different from our law they are not of much assistance to us as the Income Tax Act, 1961 o......
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
Judgment
April 23, 1992.
......
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..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....ns made in the plaint. It has been further stated in the written statement that the pro‑defendant No.3 the vendor is the uterine brother of the defendant No. 1, and defendant No.2 is the son‑in‑law of defendant No.1's brother; that when defendant No.3 sold out the suit‑laid to the defend......;………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and ......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...Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....ct restoration of the properties to the petitioner, with an observation that, "this however will not stand in the way of the Respondents to take any legal action in die matter in accordance with law" In pursuance of this decision, the property was restored to the petitioner by an order of ......a Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:...... 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..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....ling upon the respondents to show cause why the award dated 26.2.1991 (Annexure‑1 to the petition) declaring the election of the petitioner as void, should not be declared to have been made without lawful authority.
2. The case of the petitioner is that he as a member of Kalagachia Krishak Sa......resent:
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
Judgment
March 12, 1992.
......‘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..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
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