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.... of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rules.
2. Bangladesh Electrical Association, an association of dealer......ellip;……………………Petitioner
[In Writ Petition No. 2342 of 1991]
Vs.
Bangladesh represented by the Secretary, Ministry of Industries and
others…………………….Respondents [In all ...... 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, ..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....o. 6 and published in the official Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal effect and why the election of the said Union Parishad in res...... Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment ......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..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....lling 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 should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the pray......
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..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is......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..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....ll a speaking order and the same has been arbitrarily and illegally passed by the learned Subordinate Judge, without applying his judicial mind to facts and circumstances of the case and the relevant laws. Hence, the same cannot be sustained in law. He has further submitted that the proposed amendme......p; ...... 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...Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....ed Memo No. Bhu: Ma: 7‑Netro‑1/91/262 dated 19.5.91 issued under the signature of Assistant Secretary of the Ministry of Land (Annexure‑A) should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Coâ€......Co‑operative Society Ltd. represented by Majharul
Islam……………………………….Petitioner
Vs.
Bangladesh and others…………………………Respondent......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..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
.... get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of Rupali Ban......
Chairman, First Labour Court & others…………………………Respondents
Judgment
January 12, 1992.
Result:
The Rule stands discharged.
Lawyers Involved:
Md. Jainul Abedin, Advocate‑For the Petitioners
......
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..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....iving a notice to quit on the tenant in the manner prescribed under section 106 of the Transfer of Property Act. The Premises Rent Control Ordinance has made substantial encorachment into the tenancy law of the country for the purpose of protecting the tenant from ejectment from the tenanted premise...... 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183...... 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..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)
....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. ......presented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by its Secretary, Ministry of Information and four others ..................Respondents Judgment July 15, 1991. Result: ......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..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....dvocate appearing for the opposite parties, made his submission in support of the said judgement. Mr. Dastagir Hossain at the outset contends that the learned court of appeal below committed error of law in his decision in decreeing the suit on the basis of oral contract for the sale of immovable pr......rt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The ......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. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....Shibchar District Madaripur dated 31.1.89 executed by respondent No.4, Additional Deputy Commissioner (Revenue), Madaripur in favour of the petitioner should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Mat......
Mainur Reza Chowdhury J
Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner
Vs.
The Secretary, Ministry of Land and others ..............Respondents
Judgment
May 30, 1991.
Lawyers Involved:
Subra......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..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ion 361 of the Penal Code whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian is sai......n: 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..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....he Secretary, Ministry of Works to show cause why the said judgment and order passed by the Settlement Court, Dhaka on 23.2.89 in case No.1043 of 1987 should not be declared to have been made without lawful authority and of no legal effect.
6. The respondent No.2 Government of Bangladesh, filed a......ision
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Qazi Shafiuddin J
Rahela Khatun.....................Petitioner
Vs.
Chairman, Court of SettleÂment, Bangladesh AbandonÂed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
......itioner.
Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2.
Writ Petition No. 398 of 1989.
Judgment
Md. Abdul Jalil J.- This Rule calls in quesÂtion a judgment and order dated 23.2.89 passed by the Court of Settlement in Case No.1043 of 1987.
2. The petitionerâ..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......43 DLR (AD) (1991) 121. ......he Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the Respondent. Criminal Appeal No.12 of 1989. (From the judgment and order dated 14.12.1988 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 137 o..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....ibed as follows: "(1) such rifles, muskets, pistols or revolvers as are specified below or parts thereof (and ammunition which can be fired from any of these weapons) and/or any weapons not lawfully imported into or lawfully manufactured in the Republic of Bangladesh: ‑ Musket‑ 0.......tate………………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR ......hellip;…………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 D..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....Muslim, father of victim girl Sumati in the FIR dated 3.8.88, she appears to be below 16 years of age as on 2.5.89. In the circumstances, we do not find that the Sessions Judge committed any error of law in giving victim girl Sumati Begum to the custody of her father Muslim by the impugned order dat....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of......17 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 sh..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....p;……Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Co......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud......vil Revision No. 168 of 1991. Judgment Anwarul Haque Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....h Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexures A and D) should not be declared to have been made without any lawful authority. 2. It may be mentioned that the petition was filed and the Rule was issued afte......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred......or Assistant Secretary, of the said Ministry, Dr. Mahiuddin Khan Alamgir, Managing Director, Bangladesh Shilpa Bank and Mr. M Nurul Haque General Manager, Bangladesh Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexure..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....he lower appellate Court in reversing the finding of possession of the trial Court did not at all advert to the reasoning of the trial Court. Secondly, the lower appellate Court committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act. Thirdly, it committ...... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... is also Reported in: 43 DLR (AD) (1991) 122. ......‑For the Appellants. SR Pal, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No.63 of 1990. (From the judgment and order dated 18 June, 1990 passed by the High Court Division, Dhaka in Civil Order No.1156 of 1990). ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......LR (AD) (1991) 123. ......Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No.6 of 1989. (From the judgment and order dated 25.1.1989 passed by the High Court Division, Dhaka in Criminal Revision No.21 of 1989) ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
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