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M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

....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...... High Court Division (Special Original 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, Se..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)

.... 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

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....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......l justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease— In the said case it has also been held that unless the lessee has violated any condition the Government cannot arbitrarily cancel the lease. Government cannot cancel any such lease of fish..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

.... 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)

.... 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)

....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......hman J ATM Afzal J Mustata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangla­desh, represented by its Secretary, Ministry o..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....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

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....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......ful authority. 4. It appears from paragraph 8(3) of the Ministry of Land's Memo No.8‑80/84/458(139) dated 15.10.1984 printed at pages 294‑297 of the Land Administration Manual published by the Government of Bangladesh as follows: “বিশেষ ক্ষেত্রে মন্ত্..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....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

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....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 ques­tion a judgment and order dated 23.2.89 passed by the Court of Settlement in Case No.1043 of 1987. 2. The petitioner......a' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatr..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....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......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. ..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....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......d ammunition comes within the mischief of any offence under section 23 of the Arms Act and lastly (d) whether the recovery of the arms and ammunition comes within the amnesty, if any, declared by the Government for voluntary surrender of arms and ammunition within the specific date. 23. We are,..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....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......nal Procedure Code (Amendment) Act of 1949 (Act XLII 42) of 1949. In view of the fact that offences against girl of tender age have considerably been increased several times we would recommend to the Government that the age of the female child in section 361 of the Penal Code and in Section 552 of t..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....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......o be so kept, the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of Ind..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....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......on) Present: Md. Abdul 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..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....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. ......possessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recorded in khas khatian of the Government without any basis. The defendant No.4 contested the suit. He, also filed a written object..

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)

....‑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). ......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. ..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

....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) ...... 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. ..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....cial integrity of the respondent Nos. 2 and 3 and there is deadlock in the management of the company and there is justifiable lack of confidence in the management and it is just and equitable that an order of winding up of the company may be passed. 5. An affidavit‑in‑opposition was sworn o......ate) Ltd. H‑79, Block‑M (2nd and 3rd. Floor), Banani Chairman Bari, International Airport Road, Police Station Gulshan, District Dhaka, is hereby wound up from today. The Official Receiver of the Government of Bangladesh is appointed as Official Liquidator of the aforesaid company. The official ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

.... B Hossain, Advocate‑on ‑Record ‑ For the Appellant. Sharifuddin Chaklader, Advocate‑on‑Record-For the Respondents. Criminal Appeal No.4 of 1988. (From the judgment and order dated 10th February, 1986 passed by the High Court Division, Rangpur Bench, in Death Reference......eme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul I..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104