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....e impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are that the petitioner Chittagong Tex......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
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Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
.....00 with 15% interest per annum from the date of institution of the suit till realization on the following counts: 1. (a) Amount deposited in Amir Marked Branch of defendant No. 1 on 4.11.80 and illegally kept in "Sundry Creditors Account"... Tk. 90,687.00 (b) Interest by way of compensation o......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....will abate with the death of the judgment‑debtor respondent and relied on the two decisions referred to by the Court below in the impugned order and as such the executing Court did not commit any illegality in passing the impugned order. 5. While deciding the case reported in AIR 1947 Bombay 48......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....is willingness to appear with the improvement of the law and order situation in the jail as required under section 7(b) of the Special Powers Act. 3. It is also the case of the petitioner that the legality of the order of detention was challenged in writ petition No. 612 of 1991 and a Division Be......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....upon the respondents to show cause why the respective orders of discharge from service and compulsory retirement shall not be declared to have been passed without any lawful authority and to be of no legal effect. 6. The respondent No. 1 has entered appearance and has filed two separate affidavit......opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446...Category: Administrative Law | Date: | Hits: 187
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....l through and no further transaction took place and the plaintiff remained absolute owner of the suit property; that after liberation of Bangladesh the defendant No. 1, M/s. Progati Industries Ltd. illegally and forcibly took possession of the suit property in March 1972 by dispossessing the plainti......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...Category: Property Law | Date: | Hits: 69
....d/or why the constitution of the Fourth Wage Board and the award published in the Bangladesh Gazette dated 9.3.91 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 is that the petitioner is a registered Association of......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
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Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....re for quashing the criminal proceeding. Out of those three categories of cases the learned Advocate has pointed out that the second category of cases referred to in the cited case are where there is legal bar or restrictions against the institution of such cases for which High Court would be justif......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....ation of the cardinal principle of law that no one should be vexed twice for the same offence and is also in contravention of Article 35(2) of the Constitution and as such is mala fide, bad in law, illegal and is liable to be declared to have. been passed without lawful authority and is of no legal ......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
.... the plaintiff is still in physical possession and enjoyment of the said property. In the suit the plaintiff has also challenged the notice under memo No. DIT/AED(N)‑655‑P dated 301.75 as being illegal and not binding upon the plaintiff and as such it has not affected the right, title, interest ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....andoned Property (Taking Over Possession) Rules, 1972, as such, its listing as abandoned property at the instance of the said Ministry of the Government is without any lawful authority and is of no legal effect. 5. Khondaker Mahbubuddin Ahmed, learned Counsel, appearing for the appellant subm...... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233...Category: Property Law | Date: | Hits: 65
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
.... matter obstructing the business of the petitioners, ends of justice demands that the case should be quashed. 8. The respondent No.3 argued that the cases are distinct and therefore, there is no legal bar for filing the cases against the petitioners for commission of distinct offences. She furt....... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206...Category: Criminal Law | Date: | Hits: 70
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....tedly for over 20 years to acquire a right easement on the suit pathway. The defendants further alleged that the suit pathway is their private pathway and that the plaintiffs or the villagers have no legal right of passage or to use the said pathway as a right of easement. 4. The trial Court on c......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on of the acquired land on 9th January, 2001 without paying compensation in respect of the acquired land, that compensation in respect of the acquired land having not paid the writ petitioners served legal notice demanding justice on the writ respondent No.3 but received no reply. 4. It is the co......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 80
Farid Karim Vs. State, 1992, 21 CLC (HCD)
.... in 160 PLD where a person, before his confession was recorded, had been detained by the police for 2 days without having obtained a remand and no attempt was made by the prosecution to explain the illegal detention by the police, it was held that the confession had the appearance of having been imp......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....cate appearing for the appellants submits that the order of conviction and sentence is bad in law as well as in fact inasmuch as the order of conviction is based on surmises and conjecture and not on legal testimony that the learned Judge committed illegality in placing reliance on the testimony of ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....luding Clauses 3, 4, 5, 6, 7 and 11 of the Deed of Agreement dated 30.06.2008 signed between respondent No.2 and 6 (Annexure-B and C) shall not be declared to be without lawful authority and is of no legal effect, besides being violative of the fundamental rights of the petitioners as guaranteed by ......ion 5A have not in any way hampered the fundamental rights of the petitioners. The petitioners belonged to BCS Cadre (Telecom) and they have been absorbed in the BTCL having regard to their ranks and status in BTTB for time being with the further provision that the petitioners will be able to exerci..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....zi Mahmudul Karim, Assistant Attorney General -For the respondent. Criminal Appeal No.161 of 1997. Judgment Syed Md. Ziaul Karim J. - By this appeal, the convict appellant has challenged the legality and propriety of Judgment and order of conviction and sentence dated 26-08-1990 passed by l...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
....e who killed Hablu. The proverb “face indicates the mind” or “face is the index of mind” however true, cannot take the place of evidence and the learned Sessions Judge appears to have acted illegally in finding the accused-appellant Mosharrof guilty on the assumed truth of the aforesaid prov...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....finger print expert and when there is no chance of the plaintiff opposite party being prejudiced in any way. 5. For the reasons stated above, we therefore hold that the impugned order suffers from legal infirmity and the same has caused a failure of justice and hence it needs be interfered with b......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ..Category: Procedural Law | Date: | Hits: 84
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