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Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....2009 (Annexure-D-2) issued by the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore in Artha Execution Case No.11 of 2008 shall not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.3 Isla......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

.... & Justice, Government of Bangladesh Vs. Montu alias Nazrul Haque & others reported in 44 DLR (AD) 287. 25. Mr. Md. Khurshedul Alam next submits that the Court below did not commit any illegality in awarding capital punishment to the appellant because of the brutality and cold­blood......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....04/2011-12 passed by the respon­dents (Annexure-A), by adoption of the "De­ductive Value Method" in ignorance of the CRF certificate, relevant laws and rules shall not be declared illegal, without lawful authority and is of no legal effect and as to why the value of the goods in qu......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....rul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition No. 8854 of 2011. Judgment Md. Ruhul Quddus J.- This Rule was issued challenging the legality of a notice under section 5 (1) of the Government and Local Authority Lands and Buildings (......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....ssions Judge disbe­lieved this confession mainly on the reasoning that the said statement did not tally with the injuries found on the person of the victim. Now the question is, whether, this is a legal ground to discard a confession which is apparently inculpatory in nature. 5. A confessi......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

....Sessions Judge disbelieved this confession mainly on the reasoning that the said statement did not tally with the injuries found on the person of the victim. Now the question is, whether, this is a legal ground to discard a confession which is apparently inculpatory in nature. 5. A confessi...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....ing to start the construction work in the middle of November, 2003, he got the information that defendant No.1, MA Hashem (petitioner of CP Nos.1671 and 1672 of 2011) in order to grab the suit plot illegally, was engaged in forging papers by using his name (Engineer Shamsul Kabir Humayun Reza) showi......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

....udgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of act......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....ffs were terminated by the defendant No.1who was not the appointing authority and that he had no authority or jurisdiction to terminate the plaintiffs. Only the Managing Director of Sonali Bank could legally terminate the plaintiffs since he was the appointing authority of the plaintiffs. The impugn......lication without any Power of Attorney; it is not in accordance with law. The learned Advocate for the opposite parties also submits that the plaintiffs to the suit were the workers of different status and they were posted in different places. They had no common interest as alleged from the sid..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....mentioning of name of the petitioner in the 161-statements can­not exclude him from all possibilities of implication as an abettor of the offence because he is a benefici­ary of the alleged illegal transaction which was allegedly done in connivance with other accused named in the FIR and the...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents to take legal action against the respondent no.5 should not be declared illegal and without lawful authorit......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....exure-B and B-1 respectively) for selling the schedule mortgaged properties in to auction which is scheduled to be held on 22-5-2011 should not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.3&mdas......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....ow, from a reliable source, that one Jeep was kept in the custody of one Md. Abdus Salam, son of late Hasen, of Building No.A/P.11, at 11/R Top Kalabagan, Green Road Staff Quarter, Dhaka, without any legal document and that he was trying to sell the said Jeep; that they then proceeded immediately to......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

.... been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....t on 07.10.2007 in the execution case without compliance of the provisions laid down in section 34(9) of the Ain, 2003 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The decree-holder-Bank contested the Rule by filing an affidavit-in-oppositio......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

.... Daily Newspaper on 8-12-1996 namely Daily Khabar, Daily Nowroz etc. and in accordance with the assurance made by the defendants 5,000 Rickshaw of Plaintiff Samity are running in the city streets. No legal problem would be arisen, if licences are issued to those Rickshaws. Inspite of assurance of de......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....63728 dated 23-5-2010, Bill of Lading No.S00005349 dated 11-4-2010 and Bill of Lading No.S00005402 dated 15-4-2010 should" not be declared to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....Commission, Dhaka on 19-06-2007. It is also stated in the wealth-statement that during his detention, he submitted an applica­tion to the concerned authority for having consulta­tion with his legal counsel for submitting wealth-statement and accordingly, an opportunity was given to meet his ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

....ecording of the Revenue Survey (S.A.) in the name of government, the present plaintiff-opposite party filed the present suit for declaring the recording in R.S. Khatian in the name of Government as illegally and unlawfully made by the office of the government by a gross mistake and nor binding upon ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....ndent Nos.2 and 3 disregarding the provision of Articles 25(d) removed the petitioner from the office of the Managing Director by an ordinary board resolution which is unlawful and is of no legal effect. Hence this petition. 3. The Respondent No. 2 appeared in this matter and submitte......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5