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Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

....igation and submission of charge sheet against the appellant by an officer of Palong PS and producing before the Magistrate Palong PS vitiated the entire proceeding and, as such, his conviction was illegal. He further submitted that seizure list witnesses having not supported prosecution case Specia...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...

Category: Criminal Law | Date: | Hits: 73

Golam Mostafa Miah (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others, 1988, 17 CLC (HCD)

....exure “I”) arising out of an order contained in notification No.S-IXIE-38/84-515 dated 18-6-84 (Annexure “D”) should not be declared to have been made without lawful authority and to be of no legal effect and why a direction should not be issued upon the respondents to pay all pensionary ben......without lawful authority and are of no legal effect. In the result the Rule is made absolute without however any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 248...

Category: Employment/Service Law | Date: | Hits: 73

State Vs. Tota Mia, 1997, 16 CLC (HCD)

....ind of the confessor. We infer from a question put to Tota that the Magistrate was aware of Iota long detention in the hands of the police. This question was not required to be put normally under the legal procedure. The question put to Tota was that he was bound to make any confessional statement a......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244...

Category: Criminal Law | Date: | Hits: 74

Nurul Huq Vs. Secretary, Rural Electri­fication Board and another, 1991, 20 CLC (HCD)

.... Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: The petitioner Md. Nurul Huq joined the ......ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 666. ..

Category: Employment/Service Law | Date: | Hits: 65

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

....vidence on record and also the judgment of the learned Sessions Judge and submitted that upon a proper scrutiny of the evidence which had transpired in the case, it ought to be held that there was no legal evidence on record to sustain the conviction. He pointed out that in the absence of eye‑witn......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...

Category: Property Law | Date: | Hits: 69

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....f instituted the present suit for permanent injunction restraining the defendants from constructing the union parishad and community Centre at Gilabari and for declaration of the above letter being illegal and unauthorised. At the time of filing of the suit the plaintiffs filed an application under ......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...

Category: Civil Law | Date: | Hits: 99

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ith the approval of respondent No.1, Secretary, Ministry of LGRD & Co‑operatives, Secretariat Building, Dhaka should not be declared to have been issued without lawful authority and to be of no legal effect. 2. It has been stated in the petition that the petitioner is the ex‑chairman of t......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ..

Category: Election Law | Date: | Hits: 137

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

....se of Babar Ali Mollah Vs. State reported in 44 DLR (AD) 10. 5. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General appearing on behalf of the respondent, submits that there is no illegality in the impugned judgment and order passed by the learned Additional Sessions Judge, Rajshah......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....o. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his lease/allotment was illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants fr......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

.... the offices of the Magistrate Courts. So the detention of the detenu in custody in connection with all the aforesaid criminal cases which have, in the eye of law, no existence at all is absolutely illegal, void ab initio and without jurisdiction. 10. In Kayra PS Case No.1 dated 18 .11 .80 (sessi......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..

Category: Criminal Law | Date: | Hits: 97

Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)

....elevant law and that the acquisition in question was in public inter­est and for public purpose, but opined that the lands acquired having not been speci­fied and demarcated the acquisition was not legal and consequently the High Court Division declared the acquisition in ques­tion without any la......ation of the paper book is dis­pensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..

Category: Property Law | Date: | Hits: 81

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

.... Black friars, London has authorized the writ-petitioner as the only manufacturer, marketer, distributor and importer of all Unilever products in Bangladesh. No other person or company is, therefore, legally entitled to manufacture, import, distribute and market Unilever products within the territor......nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....f A, B and C groups. The said works arc the extension of the works in respect of Groups K, E-1, E-2 and E-3 for a sum of Tk. 27,30,37,523/-. The Executive Engineer of the National Housing Authority illegally cancelled those work orders against which the plaintiff instituted Writ Petition No.3262 of ......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....n statement where it is filed beyond the time allowed by the Court. In the instant case, the written statement filed by the defendant No.88 the petitioner long after the time granted by the Court was legally rejected. It also appears that against that order rejecting the written statement no revisio......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..

Category: Property Law | Date: | Hits: 79

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....nst the impugned order dated 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law having been involved in these t......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....nt who was the Deputy Director of Faridpur Family Planning Office intended to transfer her from Krishnapur Union Family Planning Complex to some other place and he demanded Tk. 2,000.00 from her as illegal gratification and when she begged mercy from this appellant she was told that if she can pay T......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....ed 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Kazi Shafiul Nasher, is that he appeared in the SSC ......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

.... found guilty under section 304-Part II of the Penal Code and he may be sentenced to suffer minimum imprisonment as provided in the said sec­tion, but the High Court Division failed to consider this legal aspect of the case and thus erred in law in maintaining the order of conviction and sentence p......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535...

Category: Criminal Law | Date: | Hits: 52

Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)

....title in respect of the suit land and for the further declaration to the effect that the resolution taken by the defendant No.3 for allotment of land in favour of the defendant-petitioner hereof is illegal and of no legal effect. 3. The defendant-petitioner hereof contest­ed the suit by filing w......le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..

Category: Property Law | Date: | Hits: 70

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....urendra Kumar Sinha J The People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Satkhira ...............................Petitioners Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers ....................................Respondents ......ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ..

Category: Property Law | Date: | Hits: 76