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Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....g aggrieved by the impugned order of framing charge dated 20‑3‑2004 the appellant preferred the instant appeal, contending, amongst others, that the Tribunal framed charge without considering the legal and factual aspects of the case in a mechanical way; that in view of the fact that first infor......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance Company Limited is that the p......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
....‘7‑96 passed, by the Subordinate Judge, 4th Court and Artha Rin Adalat, Comilla in Miscellaneous Case No. 20 of 1990 should not be declared to have been passed without lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and pro......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....the Respondent. Criminal Appeal No. 221 of 1995. Judgment Md. Abdul Quddus J. - In this appeal under section 417(2) of the Code of Criminal Procedure the complainant appellant challenged the legality of the impugned order dated, 21‑1‑1995 by Additional District Magistrate Noakhali dismi......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....coity by the accused, as alleged by the prosecution, then there must be an owner and claimant to whom belong the gun and the seized gun should have been delivered to the person who is entitled to the legal possession thereof after conclusion of the trial as per provision of section 517 of the Code, ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ment Rules. 2008 and (d) the failure of the Respondents to refund/adjust the excess VAT deducted from the petitioners, invoices should not be declared to be without any lawful authority and are of no legal effect and to declare such action as unconstitutional and being violative of the petitioners' ......enue Vs. Intertek Testing Services International Ltd. 11 BLC (AD) 233 has only settled that the services of the PSI Agencies are vatable and nothing more. It is now to be decided by this Division the status of the petitioners whether they would be termed as the 'Consultants' or "Surveyors" since the..Category: Fiscal/Taxation Law | Date: | Hits: 152
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7. We have perused the writ petition, affidavit-in-opposition and papers submitted therewith, and considered the submissions of the learned Advocates of both the sides. We have also examined the legal position and the relevant laws. It appears from the mortgage decree (annexe: A-1 to the writ p...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....982 of 2007. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellant was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 3.10.2007 passed by the Additional District Judge, Habiganj in ......judgment and order dated 3.10.2007. The plaintiff-appellant moved in this Court with the instant civil revision against the said judgment of the appellate Court and obtained the Rule with an order of statusquo. 7. Mr. Md. Tamizuddin, learned Advocate appearing for the petitioner submits that the ..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....Haque, Advocate-For opposite party No.1. Civil Revision No. 5858 of 1991. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of an added defendant-appellant was issued to examine the legality of judgment and decree dated 5.12.1983 (decree signed on 8.12.1983) passed by the District ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:  ..Category: Property Law | Date: | Hits: 99
.... the said property, which was rejected on 1.12.2001. It is alleged that in rejecting the case, the Tribunal did not examine the thump impression of the original allottee Ramjan Ali by an expert and illegally arrived at a finding that the sale deed was not executed by him (Ramjan Ali).
6. Challeng....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... of a suit, should be filed in the Court so that the Court may direct a reference of the dispute to an arbitrator. Section 34 provides that where any party to an arbitration agreement commÂences any legal proceeding against any other party to the agreement in respect of a matter covered by the arbi...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......the final decision of the appellate Court, meaning that all the convicts would be acquitted. 29. I have again given my anxious consideration to the submissions of the learned advocates. As to the status of the third Judge, I may refer to a decision in the case Muhammad Shafi Vs. The Crown, 6 DLR..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
.... 5th July, 1992 and his confessional statement was recorded on 13th July, 1992 which sufficiently proved that the confessional statement was extracted by the police after keeping him 5 days more in illegal police custody and therefore, this confession could not be taken as true and voluntary. The le......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....nt in collusion with the custodians of R.S. record volume could enter his name in printed parcha in place of plaintiff’s name in R.S. Khatian No.397 by eliminating the plaintiff’s name which is illegal; that for extension of periphery of Sree Krishnapur Hat as per demand by the committee, the pl......n……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: The order of status quo granted earlier be extended till disposal of the appeal. Lawyers Involved: A. M. Am..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....ained by him until certain contingency arises or to be disposed by him on the happening of a certain event. The person who transfers the possession of the property to another person still remains the legal owner and the person in whose favour possession in so transferred has only the custody of the ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....07 issued by the Deputy General Manager Personnel, Biman Bangladesh AirÂlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal effect. The petitioner also sought a declaration that he has a right to continue in service ti......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....he appeals, subÂmits that the suit land was made khash as per provision of section 20 of the State Acquisition and Tenancy Act and that the High Court Division without taking into consideration this legal aspect reversed the judgment deliÂvered by the appellate Court, which allowed two appeals and...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....Court Division challenging the letter vide Memo No. Moshi Bim/Sha-7/28/96-97(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitioners to hand over charge of the ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....§¨à§¦à§¦à§¦ in so far as they treat the Bench Readers as Third Class Non-Gazetted Officers instead of First Class Gazetted Officers to have been issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present appellants who were respondent N......issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present appellants who were respondent Nos.1-3 in the writ petition to grant him the status of First Class Gazetted Officer with a pay scale of TK. 9000-405X16-15480 under the National ..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
.... Education seeking redress but got no response. He once again filed representation but he was not favoured with any reply. 5. In view of the above situation the petitioner was compelled to serve legal notice through his lawyer requesting the authority to inform the petitioner about the real sta......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..Category: Administrative Law | Date: | Hits: 240
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