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Mainuddin Vs. State and another, 2010, 39 CLC (AD)
....t, the High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of th...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 66
....he treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued without lawful authority and is of no legal effect. Accordingly, the Rule was issued.
3. The case of the writ-petitioner as made out in...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... which he had already admitted in his earlier written statements and also in the present written statement. 16. Now turning to the second point, there is no dispute that in a partition suit, the status of a plaintiff and the defendant is almost identical. Both the parties stand on the same foot..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....ever, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing therefrom cannot be averted. The decisions set out above on this question ......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....onferred upon them by statute. Municipal Committees are formed with elected and nominated members to administer the functions conferred on them by the Government under a statute and have distinct legal entities. A fund is also constituted to execute the defined developmental programmes which ben......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....on) Regulation dated 15.4.1969 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....appearing when the suit was called on hearing. The second one is relevant for the present purpose. 14. Keeping in view of the above provisions, I am now to see whether the defendant could prove by legal evidence that he was prevented by sufficient cause from appearing when the suit was called on ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed a......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
.... Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Ref......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....-২) and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akond investigated the matter and lod......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 71
.... 4 of the Partition Act, stated that the suit land is a part of his own undivided homestead. So the prayer made by the petitioner in the trial Court under section 4 of the Partition Act is considered legal. But both the Courts, below overlooked this fact and arrived at a wrong finding specially the ......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
.... appellants under Order 1 rule 10 of the Code by the impugned order dated 22-2-95. Being aggrieved by the aforesaid order the petitioners preferred this revisional application to call in question the legality and propriety of the aforesaid order passed by learned appellate Court below and obtained t......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... issued by respondent No.3 and Memo No.Mind/II-2/ETP-Reg (27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris ......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
.... of disposal of the car after trial under section 517 of the Code, the learned Magistrate ought to have given the car in the custody of the petitioner under proper Jimmanama, failing to do which is illegal and abuse of the process of the Court and must be struck down and set aside.………………......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....Nos.2 to 4. Writ Petition No.4071 of 2009. Judgment ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh, challenging the legality of the Head Office circular No.43 dated 24-5-2009, issued by the respondent Nos.4 and 5, ap......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...Category: Others | Date: | Hits: 134
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....hat, the trial Court has not properly explained the accused as per provision of section 342 of the Code of Criminal Procedure and, as such, the trial is vitiated and that the case not being probed by legal evidence, the impugned Judgment and order is liable to be set aside. In support of his content......ihar 2002 SCC (Cri) 1220. 39. Before, parting with the case, we would also like to record that, lack of certainty about awarding punishment in the cases where it is legally due, disregarding their status or identity, caused by whatever reason, has been immensely contributing to the deterioration ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....anti Majumder, Advocate - For Opposite Party Nos.5-6. Civil Revision No.1302 of 2003 with Civil Revision No.1303 of 2003. Judgment SM Ziaul Karim J.- These Rules call in question the legality and propriety of the Judgment and order dated 18-2-2003 passed by the learned Additional Di......ritance. The said application was rejected as barred by limitation as well as an incomplete application. Again on 7-7-1999 he tiled a complete appellation under section 96(4) of the Act narrating his status and cause of delay. For the convenience of understanding section 96(4) of the State Acquisiti..Category: Administrative Law | Date: | Hits: 230
....nd/or any other order passed this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissal order dated 19-6-1997 from service was illegal, collusive and without jurisdiction, with a further declaration that she was still in service ...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41...
Category: Employment/Service Law | Date: | Hits: 118
....as affirmed up to this Division. The writ respondents did not absorb the writ petitioners and invite fresh advertisements and instead of regularizing their service of the writ petitioners committed illegality in making advertisements for recruitments which is illegal. The writ petitioners have legit......3.2011 passed by the High Court Division in Writ Petition No.11152 of 2006.)
Judgment
Surendra Kumar Sinha J. -
The delay in filing of the leave petitions is condoned. Though the facts, the status of the writ petitioners, and the judgments are not identical rather distinct, law points invo..
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
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