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Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......r. The power passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result of cancellation of the notification under Actin......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..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. ......it to be correct and thereafter put his signature thereon. On the above allegations made in the ejahar, the O.C. Mirzapur Police Station, Md. Redwan Ali, recorded the F.I.R. and started the aforesaid case under Section 395/397 of the Penal Code and entrusted the case to S.I. Md. Rowshan Al......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)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ...... would be illegal being an act done traveling beyond the power and acting by arrogating to the government functionary a power not vested in law. Cases Referred to- South Helton Coal Company case, 1894 1 QB at page 133; Attorney‑General Vs. PY A. Quarries (1957) 2 QB 169. Lawyers Inv......crore including the petitioner sponsors share of Taka 2.63 crore to be repaid in 10 years till 1. 10.98 with a two years grace period. Phasc‑II Dialogue Tower project on the petitioner's family land of 18.76 kathas at 64, Air Port Road to be built jointly with Lucky Gold star of South Korea an..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ...... not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the application for non‑prosecution without deciding the issue. In the instant case, the Court of Settlement dismissed the application for non-prosecution and yet it decided ......for and the Rule is liable to be discharged. 5. It appears that if the petitioner before us and before the Court of Settlement Abdur Rouf Khan is the same person Abdur Rouf who took lease of the land and purchased the house, then the property does not fit into the definition of abandoned proper..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......rs for offences under sections 395/397/436/109 and 412 of the Penal Code read with Regulation Nos. 1 and 2 of Martial Law Regulation No. 1 of 1982 before the Special Martial Law Court No. 2, Bogra in case No.1 of 1985. The Court while convicting the six accuseds acquitted the petitioner and 16 other......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
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Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......t the suit for ejectment remains as before after the amendment is enough to indicate that there has been no change in the character of the plaint as well as the suit. Relying upon the decision in the case of Benisham Mohanlal Khetan Vs. Mohadeb Tukaram Borkar reported in AIR 1985 (Bombay) 462 he fur......ing the plaintiffs' prayer for amendment of the plaint of Title Suit No. 92 of 1990 (Originally Title Suit No. 160 of 1989 of the Local 3rd Court of Assistant Judge). 2. The opposite parties landlords brought the suit in the Third Court of Assistant Judge, Dhaka for ejectment from certain p..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......f 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 Bangladesh. He is an educated,......hem but not for both of them, but following the ratio in the case of Bhimsen Vs. Union of India, (AIR 1951 SC) 481 the Court found that both the proceedings were held to be cause of the finding that clandestine affairs of smuggling are always conducted in the shady hours of the evening and definitel..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......s Republic of Bangladesh and is directed against an allotment letter bearing Memo No. 5817 dated 30.8.1987 issued by the Assistant Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land meas......dated 30.8.1987 issued by the Assistant Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha unde..
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)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ...... 2. Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the properties described in the schedule to the plaint originally belonged to Dr. Muham......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......lso filed an affidavit‑in‑opposition. They have contended that the instant writ application is not maintainable at the instance of the petitioners. They have denied that there is any truth in the case of the petitioners that they have been appointed as Extra‑Muharrars on seniority basis. They ......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......session in the suit land (0.02 acre) comprising SA Plot No. 15 10 under SA Khatian No. 851 and also constituting Holding No. 74 Bangshal Road under Narayangonj Paurashava.
3. Briefly stated, the case of the sole plaintiff Abdur Razzak is that the suit property originally belonged to Gobinda Cha......ngonj decreeing Title Suit No. 19 of 1980.
2. The suit was instituted on 14.1.1980 for permanent injunction restraining thi defendants from interfering with the plainfiffs possession in the suit land (0.02 acre) comprising SA Plot No. 15 10 under SA Khatian No. 851 and also constituting Holding..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......of 1989 were heard together by a Division Bench consisting of MA Jalil and N Ahmed JJ. who could not agree with the decision of a Division Bench of this Court presided over by Mustafa Kamal, J in the case of Abdul Latif Vs. Bangladesh 43 DLR 446with regard to the interpretation of the expression &qu......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....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 ......auction money after the lapse of seven days would be competent to do it, he being the authority who issued the condition and would have right to remove and waive the very condition and in the instant case by his auction he did alter the condition and therefore the Divisional Commissioner had no busi......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)
....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. ...... 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 Rahman Talukder, is that he is a bonafide businessman running a ......or some time when he was served with a notice (Annexure-A) issued by the respondent No. 1 directing him to appear before him on 28.12.88 for hearing a complaint petition filed by the petitioner's landlords, respondent Nos. 5 and 6, for evicting the Petitioner therefrom. The petitioner could not ..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. ......section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more. 2. The prosecution case, in short, is that the Sub‑Divisional Depot Superintendent of Jamuna Oil Co. Ltd. Daulatpur o......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)
....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: ......arges and persons and further in acquitting the respondents on the said finding alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents. It does not......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)
....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 ......s loan money to the tune of Taka 42,60,898.7 and in default for selling out the mortgaged property being House No. 38 at Road No. 7 of the Dhanmondi Residential Area within the Dhaka City. Plaintiffs case is, inter alia, that the plaintiff bank granted the defendant petitioners a loan of money again......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
....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
...... borrowed. Where an assessee satisfies the requirements of clause (iii) he is entitled to the entire amount of interest paid on the borrowed capital. Accordingly, we hold, on the facts of the present case and in view of the finding of the Tribunal, that the assessee is entitled to allowance with res......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
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Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... 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 ......oney to the vendees i.e. defendant petitioner and Moyenuddin (Defendant No.2) within 25 years, they would execute and register a kabala of reconveyance in favour of the said vendor Musim Ali. Further case of the plaintiffs‑opposite parties was that they purchased by a registered deed dated 28.3.75...... to this Rule are in a nut‑shell as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract alleging, inter alia, that the suit land with an area of 0.27 acre belonged to one Musim Ali, proforma‑defendant No.3 who sold the sam..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....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.
......d other defendants from disturbing his peaceful possession. The suit was, however, dismissed for default on 19.8.75 and the petitioner brought the Misc. Case No.37 of 76 for its restoration. But this case also was dismissed on 30.10.78. The petitioner then applied to the Ministry of Land Administrat...... of 1974 Annexure E, by the Deputy Commissioner, Sylhet (Respondent No. 2) have been impugned,
2. The following are averments in the writ petition necessary for disposal of the Rule.
3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land withi..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
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