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Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....ng upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, illegal, mala fide and without legal effect and why he should not be set at liberty and released from ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..Category: Criminal Law | Date: | Hits: 72
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....andoned in consideration of the petitioners’ right. He also contends that in the event of allowing such construction the petitioners will be deprived of their livelihood and the respondents have no legal right to stop the petitioners’ business. Mr. Sharif further contends that this Division in W......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....on the grounds that issuance of warrant of arrest against the accused persons before filing the list of prosecution witnesses as required under section 204(IA) of the Code of Criminal Procedure was illegal and that the CMM acted in excess of his jurisdiction as the 4th column of the 2nd schedule of ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
.... as a bailee. A bare reading of sections 50, 50A and 63 of the Chittagong Port Act appears to be thus: When the master of the ship lands the goods and leaves them in charge of the Port Authority, the legal effect is as if the master representing the Shipping Company had delivered the goods to the ......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....rt Division exonerated them by saying that they were not doing such work "in their personal" interest and upheld the view of the trial Court for not decreeing the suit against them. If an action is illegal as the High Court Division found in this case, then illegal action must be rectified. The High......y in unlawfully insisting upon remaining where he was, and he must put up with the consciences". 11. In Rammohan Chowdhury Vs. Tejendra Lal Chowdhury, 6 DLR 577 the Dhaka High Court considered the status of a tenant after the termination of the tenancy and it was held "that the relationship of la..Category: Property Law | Date: | Hits: 99
....on of different plots of different holdings in one holding, namely, Khatian No.18 in Miscellaneous Case No.89 of 1972-73. Main ground of attack being that the amalgamation and consolidation was illegal, because this was done without serving any notice upon the co-sharers in the holding, namely, ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
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Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....nor it was ascertained by the police. It proves that both the complainant of this case and the police played the role of opponents of the petitioners herein. 24. Carrier of Mr. Omar Sadat in the legal field is very short and he has partisan colour. In short it can be safely held that he is noth......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....cause as to why judgment and order dated 16-8-1993 passed in IRO Case No.126 of 1990 (Annexure-C) by respondent No.1 should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts giving rise to this writ petition are, inter alia, that the petitioner Car......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....ary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has be......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....espondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
....ladesh. In the aforesaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, illegal and without lawful authority.
3. For the sake of convenience we like to take up the first p....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
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Category: Property Law | Date: | Hits: 150
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....dy to sign his name. The will was registered by false personification, which was not attested by persons whose names appeared as attesting witnesses in the will. Defendant-appellants asserted that as legal heirs they got interest in the assets and properties of the testator. Further Annada Charan Da...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....wal of the suit from the Court of the S.C.C. Judge. The learned District Judge observed: "It is to be decided first whether Monoranjan predeceased his father, whether vesting of 1/5th property was legal and whether the lease of 1/5th share to the petitioner is legal and binding on the O.P. So, wi...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
.... entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....edent for determination of production capacity under section 3 (4) of the Excise and Salt Act, 1944. The fixation of production capacity by Rules under the SROs which are under challenge are highly illegal, arbitrary and oppressive. It is argued that the determination of production capacity by the i......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......li, in Miscellaneous Appeal No.53 of 1996 staying the operation of the Order dated 23‑11‑96 passed by the Senior Assistant Judge, Sadar, Noakhali, in Title Suit No.289 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The ..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....ode of Civil Procedure against an interlocutory order passed by the Artha Rin Adalat rather in view of the decision reported in 46 DLR (AD) 174 the learned Advocate for the petitioner concedes to the legal position. 15. For the reasons stated above we are of the view that the present revisional a......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....r section 25 of the Small Causes Courts Act and review application before the same Court under Order 47 rule 1 of the Code of Civil Procedure was misconceived and the learned SCC Judge committed an illegality by entertaining the same. The learned Advocate further submits that there was no decision o......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....If men including judges......were angels there would be no problems of contempt of Court. Angelic judges would be undisturbed by extraneous influences.” 17. But when the Bench is not constituted legally or it exercises jurisdiction not vested in it, the entire proceeding is coram non judice. Su......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....ny issue or issues of fact necessary for the disposal of the appeal, which has not been determined by the lower appellate Court, or which has been wrongly determined, by such Court by reason of any illegality, omission, error or defect such as is referred to in subsection (1) of section 100. The fun......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
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