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Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ved by the Returning Officer or by the Thana Nirbahi Officer. To participate in any election is a fundamental right of a citizen but to deny such right there must be some clear and specific law and a legal notice to the participant that his right of franchise was being curtailed for violation of suc......ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ..Category: Election Law | Date: | Hits: 153
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....tical incorrect cannot be included for the purpose of assessment of the total income of the assessment. 20. Lastly, the only question in whether such income could be deemed to accrue or arise. The legal fiction introduced in the section covers only those cases which, by law, have been said to hav......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....fice-in-Charge of Valuka Model Thana being Valuka P.S. Case No.15 dated 16.08.2007, P.S. Case No.21 dated 17.08.2007 and P.S. Case No.29 dated 17.08.2007 respectively on the allegation of demanding illegal subscription. 4. After investigation in all above cases, the police submitted charge sheet ......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...Category: Criminal Law | Date: | Hits: 80
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....er found malafide in the dismissal order and so the order of dismissal was declared to have been passed without lawful authority. In order to appreciate the question before us we are first to see the legal character of a Company incorporated under the Companies Act, and then to see how far that lega......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....No. 128 of 1965, that the plaintiff got title in the suit land by purchase but he was dispossessed forcibly by defendant No. 1 on the strength of his purchase by the kabala dated 11-7-63 which got no legal basis. 4. A second appeal was preferred against that judgment - S.A. No. 220 of 1963 in whi......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....he appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the su......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness or legality or propriety of any finding, sentence or order recorded or passed and as to the enquiry of ......lso empowered Her Majesty similarly to erect and establish High Courts of Madras and Bombay by similar Letters Patents. The Act provided that the High Courts established under this Act shall have the status of Courts of Record. Each of the High Courts established under this Act shall have and exer..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....n, 13 M.I.A. 567, for making out a case of the defendants No.2 to 4's title to the disputed lands; (4) whether the High Court Division acted illegally in failing to take notice of the established legal position that the acceptance of a Kabuliyat or rent was sufficient in law to create a tenancy ......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....es found it difficult to determine the rights of litigant parties claiming chars or other lands gained in the manner above described. The Court of Sadar Diwani Adalat, with a view to ascertain the legal provisions of the Muhammadan and Hindu laws on this subject, called for reports from their l......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ings would secure the ends of justice. If the criminal proceeding in question is in respect of an offence alleged to have been committed by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceedings the High Court would be jus......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
.... cheating and criminal breach of trust, the accused-petitioner should not be compelled to wait till hearing of charge under section 241A of the Code of Criminal Procedure. He submits that there is no legal bar for quashment of the proceedings at the initial stage of the investigation in order to pre......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry Office executed by the defendant No.2 in favour of the defendant No.1 is illegal, collusive, void, inoperative and not binding upon him. The case was subsequently transferred ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....n, learned Advocates appearing for the opposite party No.1 drawing our attention to the complaint petition, annexed as Annexure-"A" to the petition under section 561A, mainly submits that there is no legal bar under section 138 of the Negotiable Instruments Act in issuing a single notice for dishono......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....dence; that no independent and disinterested witnesses came to depose in support of the prosecution case and the witnesses who deposed are interested and partisan witnesses and that the Court below illegally convicted the appellants on the basis of confessional statements of the co-accused. They fur......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....the accused appellants under section 342 of the Code of Criminal Procedure, they were afforded with no information as to the circumstances and accusation which they were to explain, resulting in an illegality vitiating the entire trial; that no independent and disinterested eye-witness deposed in th......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
....ued calling upon the respondent to show cause as to why the inaction of the respondents to arrange sufficient rescue equipments in case of disaster caused by earthquake should not be declared to be illegal and without lawful authority and why a direction should not be given upon the respondents to a...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
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Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....em with filthy-language to which plaintiff No.2 made GD entry No.259 dated 20-6-2000 with the Shyampur Police Station. On 21-12-2001 defendant No.2 with the help of some local mastans, forcibly and illegally trespassed in to the suit premises and mercilessly beaten the care taker and darwan of the p......e Hon'ble Court Division and obtained the order of injunction. Defendant also filed petition Case No.5877 of 2001 before the Court of Chief Metropolitan Magistrate, Dhaka wherein order of maintaining status quo was passed. But plaintiff with the help of some gunda elements, and by violating the orde..Category: Property Law | Date: | Hits: 78
.... the impugned judgment and decree dated 14‑5-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that, the petitioner No. 1 Banglade......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
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Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....02 passed by the respondent No. 2 cancelling the declaration of "Dainik Uttarbanga Barta" evidenced by Annexure E to the writ petition, should not be declared to be without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-opposition has been filed. 2. Lea......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....gh Court shall be final." 8. The main, point for determination is, whether the District Judge can transfer the matter to the Additional District Judge, and whether the Additional District Judge is legally competent to hear and dispose of the matter. 9. The word District Judge is not defined ei......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
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