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Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....leging that on 13-2-71 the latter had contracted to sell 24 decimals of land of suit plot No.923, including the 5 decimals of land in possession of the plaintiff, and by fraudulent suppression of all legal processes the defendant was able to obtain a collusive decree therein on 7-6-83; the defendant......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
.... calling upon the respondents to show cause why impugned Judgment (Annexure-J) dismissing the appeal of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petitioner are that Shaw Wallace Bangl....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
....ind in the record that Magistrate sent the accused persons to the police custody after recording their confessional statements. Therefore, we find the Magistrate had no idea or acumen that it was his legal duty to remove the utter, inducement and influence of the police completely from the mind of t...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....rder dated 22-3-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societies and Arbitrator in Dispute Case No. 3 of 1992 (Industry) (Annexure G) shall not be declared to be illegal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner af......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....r and in paragraph 9 the statements in Bengali when translated into English runs thus: "As a matter of fact at the centre No.14 at Nidanpur Supatola Government Primary School centre, a number of illegal forged votes had been shown in favour of the elected candidate described as "Jarapsani No.1 an......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
.... and that the defendant No.2 started an orphanage house named Farajikandi Complex, but he in collusion with the Land Acquisition Officers and others without serving any notice upon the plaintiffs illegally proceeded with the acquisition of the schedule‑lands to make the plaintiffs homeless, thou......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes Appellate Tribunal was justified in law in deciding the question of title.” 2. The assessee submitted return of his income for the assessment year 1974‑75. The assessee derived income from legal profession from house property and business. We are concerned only with the income from house ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... she was administered wine together with "dhutra" juice against her will and having refused to take the same she was even given a kick with leg by accused Rashid and thereafter she was subjected to illegal intercourse by force against her will firstly by accused Siraj Mal and then by accused Nurul a......ant. 10. We have however carefully examined the evidence of the said witnesses and we find that their evidence is quite reliable and trustworthy. Besides, the said witnesses are men of letters and status and they have no enmity with the accused to implicate them falsely. Lastly, it has been conte..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, Bangladesh Inland Water Transport Authority should not be declared to have been made without lawful authority and are of no legal effect. 2. In Writ Petition No.110 of 1998 Rule Nisi was issued at the instance of the peti......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....t 1/34 of the Penal Code read with section 26 of the Special Powers Act, 1974 in Special Tribunal Case No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one AK Mohammad Ali lodged a First I......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....l Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of Tab 83,95,364.75 (Annexure-I) to the petition should not be declared to have been made without lawful authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at the instance of the petition......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....he voters of Uttar Kistikathi area declared the election schedule on 2nd December, 2010 for holding election of the Pourashava, and 672 voters have been added, in Ward No.7 of Jhalokathi Pourashava illegally. 3. Petitioners and the writ respondent No.5 contested the writ petition by filing separa......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......ssioners. Notably, though the CHT fell within the boundaries of the 'undivided province of Bengal, its administration by a different law as reflected in the Hill Tracts Manual led it to acquire the status of a 'Non-regulated District'. The Indian Independence Act 1947 (the Act 1947), enacted by th..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....issolution of Executive Committee of Mymensingh Dhaka Coach Malik Samity, and appointment of an ad-hoc committee comprising defendant petitioners 2-10 by letter of defendant No.1 dated 12-1-1995 is illegal and liable to be cancelled, and that plaintiffs are not bound by the same (b) to restrain ......h Dhaka Coach Owners Association till disposal of the suit and further allowing the prayer for temporary mandatory injunction of the plaintiff-opposite party Nos.1 and 2 directing to restore to their status quo ante till 15-2-1995 and 19-2-1995 in Miscellaneous Appeal No.14 of 1995 (Along with Misce..Category: Civil Law | Date: | Hits: 85
.... of detention were not served on the detenu within 15 days from the date of his detention as enjoined by section 8(2) of the Special Powers Act, 1974 and, as such, his detention has been absolutely illegal with the expiry of 15 days from the date of his detention and he also submits that the further......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
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Category: Criminal Law | Date: | Hits: 105
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....ion after a long lapse of time to be impleaded as party in the instant suit. The trial court was quite justified in rejecting the application of the petitioners at the belated stage and there is no illegality committed by the court in passing the impugned order. Mrs. Sufia Khatoon has further submit....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
....aid case on the Government and after hearing the parties a Division Bench of this court found the detention of the detenu on the basis of this order passed by the Government on 6-11-93 as aforesaid illegal and without lawful authority and accordingly, directed release of the detenu by its judgment d......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
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Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....8 acre land of the suit plot to Abdul Mazid Saiyal, father of the defendant No.1, by a sale deed dated 05.05.1967 and handed over possession to him. The deed could not be registered on account of the legal complications prevailing at the time regarding registration of sale deeds concerning Hindu pro......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
....nt of the People’s Republic of Bangladesh and Secretary to the Chancellor of Rajshahi University, Rajshahi, should not be declared to have been passed/made without any lawful authority and is of no legal effect.
2. In this writ petition the petitioner describes himself as Vice-Chancellor of Raj......ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1...
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....ent of this Division dated 27.05.2008 in Civil Appeal Nos.158-184 of 2006 and Civil Appeal No.136 of 2007, wherein it was held that termination of services of the employees and officers of BADC was illegal. The High Court Division declared the notifications impugned in the writ petitions to have bee......ted 20.10.2002 at serial No.112, Writ Petitioner No.6 has filed the said writ petition mala fide for illegal gain”. Preparation of paper book, as prayed for, is dispensed with. The order of status quo granted earlier by this Division shall continue till disposal of the appeal. The appe..Category: Employment/Service Law | Date: | Hits: 73
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