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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 ..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..
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..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,..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..
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..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....nual is neither a rule nor a statute. It is only a departmental instruction. It is a well settled principle of law that in order to get a rule of mandamus, the petitioners must show that his claim is rooted in a statute or statutory rule.
15. Now, the petitioners are not also able to show that ......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 ..
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..
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..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..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 ..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..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..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..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..
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..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..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....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
......how 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 Samabaya Samity Limited had been..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
.... 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
......all the petitions.
15. Respondents do not deny the Government policy to use locally manufactured single phase electric meters by the consumers. They contend that the said policy is applicable in case of the consumers who get new connections and not applicable in the case of old consumers who ha..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....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 ......ility created by the said election law is to be enforced through the Election Tribunal created under the statute which has given no right to the voter to challenge the election of a candidate. In the case of Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137 it has been observed as follows: .........Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
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