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Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....¦¦à¦•/পà§à¦°à¦¶à¦¾/১২/৫০৮(১à§)/১(১০), তারিখ-১১/০২/২০০à§à¦‡à¦‚। when the Commission was not in exisÂtence and as such the very issuance of notice is illegal and without jurisdiction. He further submits that the Judgment and order of conviction and sen......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....am Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......asked to do so; that it was also denied that the petitioner could not reconcile with the existence of Bangladesh; that it was also denied that the petitioner is a foreign National or he concealed his status for which voter lists were prepared due to bona fide mistake; it is also stated therein that ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....s under. 2. All proclamations, Martial Law Regulations, Martial Law Orders made/promulgated during the period between 20th August, 1975 and 9th April, 1979 (Act I of 1979) are hereby declared illegal, void ab initio subject to the following exceptions: 1. all executive acts, things and deed...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... violation of the provisions of section 11(5) of the International Crimes (Tribunal) Act, 1973 (hereinafter referred to as the Act of 1973). As such, the alleged proceedings of the Tribunal are of no legal effect. 3. At the outset, Mr. Abdur Razzaq, the learned Advocate appearing on behalf of the......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......e power of pronouncing judgment and have the power also to deliver a dissenting judgment. Equally, the judgment of any puisne Judge is equal to the judgment of the Chief Justice of this country. This status and tenure of all judges of the Supreme Court including that of the Chief Justice are the sam..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....d to the Commissioner, Dhaka DiviÂsion (Respondent No. 2) by the Deputy ComÂmissioner, Narayanganj (Respondent No.3) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit ...... is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit and proper. At the time of the issuance of the Rule the parties were directed to maintain status quo in respect of the land as described in the schedules to the notices issued to the Petitio..Category: Property Law | Date: | Hits: 104
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ASM Abdur Razzaque with Fahad Mahmood Khan, Advocates—For the Respondent No. 2. Writ Petition No. 8719 of 2010. Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.42 of 2002. pending, before the Arth...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... at the time of hearing of the Death Reference. 11. Mrs. Salma Masud Chowdhury has submitted that the learned Additional Sessions Judge wrongly convicted accused Sanwar Hossain though there was no legal evidence against him and that the absence of the name of Sanwar Hossain and the appellants in ...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....tra and in the body of baina patra the executant Fazle Elahi did not mention that he executed the baina patra for and on behalf of his minor daughters and, as such, the baina patra in question is not legally tenable in the eye of law. He then drawing my attention to the baina patra (Ext.1) submits t......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....nd disposal by it: i) Whether the letters of credit (L/Cs) opened by the respondent as per agreement and/or pro forma invoices were confirmed/workable? ii) Whether HELM was or was not under any legal or contractual obligation to ship any goods as BCIC failed to open confirmed L/Cs. iii) Whe......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....ng on behalf of the petiÂtioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ...... Judgment ABM Khairul Haque J. - This is a petiÂtion for leave to appeal in respect of the judgment and order dated 19.02.2009, passed by the High Court Division, refusÂing to uphold an order of status quo, passed by the Trial Court, in Civil Revision No.3393 of 2008. 2. The facts, in brief,..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....rted in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
....n provided in Section 152 E (1) of the Ordinance providing that the Taxes Settlement Commission is authorized to reject an application filed under Section 152D (1) thereof.
8. In view of the above legal position, the submission of the learned Advocate about the misconstruing the provision of clau......, we find no subÂstance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....is an unfounded claim that District Judges being the highÂest post-holders in the Bangladesh Judicial Service are on the same footing with politÂical executives and legislators. Such a claim has no legal or constitutional basis. 7. The High Court Division upon hearing the parties held that the ......be seen to be of a rank sufficient to command obedience to their judgments and orders. 4. As the Warrant of Precedence has an effect on the public psyche, it should necÂessarily reflect the rank, status and preceÂdence of the District Judges properly. So the relative ranking of the functionarie..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....inate Judge, Narayangonj for decÂlaration that the deed dated 14th November, 1992 executed and registered through Court in pursuance of the decree passed in Title Suit No.14 of 1986 is fraudulent, illegal, inoperative and void, for confirmation of possession and permaÂnent injunction, alleging int......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... one of them. In this Mr. Chakrabortty submits that the Section 164-statements made after arrest without torture, coercion and threat are to be considered as given voluntarily upon fulfillment of all legal/procedural formalities as credibly attested to by the P.W.14 Magistrate recording the same. Th......e the prosecution case of Taposh having divulged the name of his assailants. The P.W.s 11 and 16 being Fazal Khan, Member, Union Parishad and Abdul Mazid Miah, the Chairman, while not disputing their status as Seizure List witnesses, are found not to have been easily forthcoming with information abo..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....ues, is by no means coextensive with ostensible neglect on the part of the Respondent No.1 to make such payment as would otherwise readily translate into its inability to pay, thereby, triggering the legal fiction of inability to pay and its somewhat harsh consequences. 17. Mr. Sayyid Shahid Hus...... that entity. That presumption, this Court finds, cannot readily be made in this particular case given the information and material brought on record on behalf of the Respondent No.1 attesting to its status as a solvent and viable entity. In these facts and circumstances, this Court is satisfied ove..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....executed by plaintiff petitioner's mother OP No.2 in favour of OP No.1, another lady by the name of Begum Momataz Hossain, with respect to same land situated in Mohakhali area of Dhaka city was of no legal effect and that defendant OP No.1 has not acquired any title over the land described in schedu......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ..Category: Property Law | Date: | Hits: 80
....26.4.1989 (Annexure‑H) passed by the Court of Settlement in Case Nos. 564 and 575 of 1987 (Ka‑57, Gulshan, Dhaka) should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioners as follows:
That heirs a Bangladeshi citizen who ......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) 416.
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Category: Property Law | Date: | Hits: 86
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....the Bangladesh Atomic Energy Commission (hereinafter referred to as BAEC) under the signature of the respondent Nos. 3 and 4 (the annexure G to the writ petition) without lawful authorÂity and of no legal effect. 3. The respondents 1 to 3 in this leave petition filed the above mentioned Writ Pet......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. Â ..Category: Employment/Service Law | Date: | Hits: 81
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