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Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

....transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.20 of 1976 by the ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction restraining the defendant-oppos...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...

Category: Property Law | Date: | Hits: 88

Abul Kashem Vs. State, 1997, 26 CLC (HCD)

....usly was not in exclusive possession of the appellant. 5. Mr. Syed Abu Kowser, learned Assistant Attorney-General supports the impugned judgment and submits that the conviction of the appellant is legal. 6. In the seizure list, Exhibit-1, place of recovery is described as hereunder. “বà......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356...

Category: Criminal Law | Date: | Hits: 94

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

....ossess a very moity area of the suit land as permissive possession. 5. Defendant No.1 contested the suit by filing written statement contending, inter alia, that the disputed deeds are genuine and legal documents. There was no fraud or forgery in obtaining those documents. It has been further sta...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ..

Category: Procedural Law | Date: | Hits: 105

Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)

....)(Chha) of the Ordinance and the order of acceptance of the nomination paper of the respondent No.1 by the respondent 2, the Returning Officer, has been accepted without lawful authority and is of no legal effect as it was accepted contrary to the provision of section 7(2)(Chha) of the Ordinance. Ac......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..

Category: Election Law | Date: | Hits: 153

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

....it for declaration of title and confirmation of possession and also a declaration that kabala deeds dated 7-4-1942 and 23-2-1943 and Danpatra deeds dated 12-5-1977 are forged, collusive and are of no legal effect. 2. A brief resume of the events leading to issuance of this Rule would be quite ins...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....dent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a former Cabinet Minister and also a f.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...

Category: Constitutional Law | Date: | Hits: 238

Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)

....he preoccupation of the Court itself or for other reasons." 7. In the case of Nayan @ Fazlul Huq Vs. State, reported in 38 DLR 415 it has been held: "Reading the definition in the authoritative legal dictionaries we find that working days mean the days on which the particular Court or office n......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...

Category: Procedural Law | Date: | Hits: 80

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

.... submit­ted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without any lawful authority and of no legal effect. The respondents in the writ petition took the matter before the Appellate Division, wh......he date of his superannuation. In our view the effect of the order of the High Court Division declaring the acceptance of the resignation letter to be illegal automatically puts the petitioner on the status quo ante, i.e. as he was on the day when the impugned order was passed accepting his resignat..

Category: Employment/Service Law | Date: | Hits: 156

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....sing no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed not to disturb the petitioner in carryin......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...

Category: Property Law | Date: | Hits: 66

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....dvocate—For the Petitioner. Rabi Shankar Chakraborty, Advocate—For the Opposite Party No.1. Civil Revision No.1443 of 2002. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and pro­priety of the judgment and order dated 17-1-2002 passed by the learned Joint Distr......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... equivalent to the rank of District Judges to the concerned officers of the administrative and other cadres therein should not be declared to have been issued without lawful authority and to be of no legal effect and why the respondents should not be directed to place District Judges and other Judic......nt illegal and arbitrary placement of the members of the Judicial service and the constitutional office-holders in inappropriate places in the Warrant of Precedence in derogation of their dignify and status in public perception.  The petitioner being committed to the welfare of Republic and ..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....n the respondents to show cause as to why the action of the respondents stopping the State Honorarium of the petitioners should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to give the State Remuneration to the pe......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....ellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No. 5 of 1977 as without lawful authority and of no legal effect. 2. By the impugned order the election of the appellant was declared void and the Re......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

.... Controlling Authority but as the appellate authority and the Additional Commissioner totally misconstrued the relevant rule and in applying the rules exceeded his juris­diction, and thereby acted illegally interfering with the order of assessment made by the Mu­nicipality against the appellant. O...... the Writ Petition the High Court held that the Municipal Committee being a body corporate it could sue or be sued and in such capacity it was also a local authority; and the Municipality having such status, if it was ag­grieved by the order of the Additional Commi­ssioner under Section 119 of the..

Category: Fiscal/Taxation Law | Date: | Hits: 156

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....as held that the provisions of one spe­cial law cannot over-rided the provisions of another special law as such, transfer of a case filed under Artha Rin Adalat to Bankruptcy Court is not proper and legal. 10. It appears that Artha Rin Adalat Ain and Bankruptcy Act both are special laws. A Law b......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....torney General, for the State, on the order hand, submits that the opposite party categorically described the very arising out of cause of action hav­ing no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the sai......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....of the Anti-Corruption Commission found wealth statement of both the accused persons incor­rect. Rather the accused persons were found to be in possession of the properties disproportionate to their legal source of income. Accordingly, Mr. Md. Nuruzzaman, Assistant Director, Anti-Corruption Commiss......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..

Category: Criminal Law | Date: | Hits: 100

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....nged his dismissal order by filing the writ petition on the ground that he had already retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and without lawful authority. Secondly, dismissal order was bad for not giving any opportunity......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256...

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....appellant bearing No.112581 a different pistol bearing No.1124681 was sent to the Arms Expert. In view of the palpable defect in the prosecution case the order of conviction and sentence was wholly illegal. The learned Judges of the High Court Division on examination of the record arrived at the fin......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether th......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..

Category: Employment/Service Law | Date: | Hits: 123