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A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... lease agreement signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, ......, in some cases, fall outside the sphere the government altogether. A variety of commercial, professional, sporting and other activities are regulated by powerful bodies which are devoid of statutory status and may yet have an effective monopoly. In their willingness to ‘recognise the realities of..Category: Property Law | Date: | Hits: 159
.... of the petitioner partially and stopping its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
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Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
.... 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that in the present case there is no iota of ev......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....n order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that the appellant was arrested on 9.12.2005 an...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be without lawful authority and is of no legal effect, and why they should not be directed to mutate the said property in the name of the pet...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....desh, represented by the Deputy Commissioner Feni Vs. Har Chandra Nath, 10 MLR (AD) 313; Nurjahan Begum Vs. Nur Rahman, 59 DLR 98; 7 DLR 94; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur, 35 DLR (AD) 216; Khodeja Begum and another Vs. Sagarmal Agarwala alias Sombam......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....einafter called NEPC) was adjudged to be the lowest tariff proposer for the three sites, the petitioner and the then Electricity Secretary with malafide intention and with the desire of obtaining illegal pecuniary gain from the other bidders took effort by illegal interference to negotiate with th......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
....spondents to show cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to imp......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... the Rule and an order of status quo. 3. The highest bidder Al-haj M. A. Munsur is made respondent No.5 in the present writ petition. It appears from office note dated 6.2.2011 that the notice was legally served upon him, but he did not appear to contest the Rule. 4. Standard Bank Ltd., Imamga......e furnished to secure the loan as a first charge. Moreover, it did not make any formal claim or serve any prior notice upon the petitioner and as such he was in dark about the borrower’s defaulting status and the consequent auction notice. He (petitioner) came to learn about the impugned auction n..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....Thirteenth Amendment) Act, 1996 (Act No.1 of 1996) (Annexure "A", "A1” to the petition) should not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro......f the Supreme Court of Bangladesh are not only most learned persons but also by virtue of their training and holding of such high office they are normally considered to have attained and acquired the status and image of upright, qualified, impartial and independent persons in the contemporary times...Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, are that the petitioner is a c......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
.... converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfu......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... a right over or in respect of specific property." (emphasis added) It is not restricted to immovable property and it includes pawn a pledge of movable. The definition makes no distinction between legal and equitable mortgage but the Act makes special provision under Art. 6 which relates to that ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....arty and the case where he is the original owner. The fact that the original owner even after the transfer has retained a share in the holding is of no consequence and cannot give rise to a different legal position. The right of pre-emption vests in a co-sharer-tenant under the statute and unless th......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....tion, who were lucky enough to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision a...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....count or make any inquiry into the matter that has already been adjudicated by a competent Court fixing liability of the judgment debtor. The learned Judge of the executing Court did not commit any illegality in rejecting the petitioner’s application, he concludes. 9. We have perused the writ p...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
.... Order was promulgated on 3rd January, 1972. The taking over of the respondent's firm on 7th March, 1972 under the Abandoned Property Order dated 30th December, 1971 must have, therefore, been illegal. Even assuming that by mistake Acting President's Order dated 30th December, 1971 was mentio...... Counsel. Since the appellant's claim has been found to be untenable, the mere placement of the respondents firm under the Corporation under Article 10(1) (d) does not invest it with the qualities or status of any of the categories mentioned therein and, therefore, consequently does not empower the ..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....ant-appellant should be allowed to rely on a point whose validity depends upon the acceptance of the document itself, which can give rise to such point. Expediency is not an unknown phenomenon in the legal arena, but the principles of approbation and reapprobation are also equally well known. A part......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....ilding and another market building could be constructed. The petitioner as a designated Mutwalli is trying to do so and some tenants of the Estate are making obstruction to the said program to have illegal gain. The respondent Nos.4 and 5 of the writ petition are creating serious obstruction hamperi...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
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