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Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Book Board (NCTB), Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to i...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....ctim during the occurrence. .... 13 BLT 460. So, it appears that the main ingredients of the offence charged in this case found to have not been established inasmuch as has been disproved for want of legal evidence. ...” 8. In the case of 13 BLT 460, a judgment and order of conviction and sente......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....In so doing their lordships of the Appellate Division observed: “7. … In a case based on circumstantial evidence, before any hypothesis of guilt can be drawn on the basis of circumstances, the legal requirement is that the circumstances themselves have to be proved like any other fact beyond ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....of the Waqif have been conspiring to remove him from the office of Mutwalliship and filed an application before the religious Ministry. Prior to that, they had lodged several complaints and also took legal action against him which were not successful. They had also lodged a complaint to the Administ......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....in respect of such subject matter or such part of the claim………………..……. (6) Section 10 code of civil procedure There is absolutely no legal bar in instituting as many suits as the plaintiff can on the same cause of action in as many d......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....onsistency or conflict in between the provisions of section 10(2)(X) of the Income Tax Act and section 3 of the Ordinance quoted above.” 13. Considering the above facts and circumstances and the legal position discussed, we are of opinion that the Income Tax Appellate Tribunal was justified in ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
.... Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to have been passed illegally and without any lawful authority. The impugned order dated 13.3.91 (Annexure 1‑3) reads as......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....principle. It is true that in the matter of discretion no one case can be authority for another but at the same time discretion when exercised must proceed on evidence or material which the Court can legally take notice of. 18. It is true that while considering the question of reasonable excuse o...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....icated by respondent No. 3 the Controller of Examinations, University of Dhaka on 23.1.90 to the Barhamganj College should not be declared to have been made without lawful authority and to have of no legal effect. 2. The short facts of the case are, that the petitioner passed HSC examination in t......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
.... as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petition) should not be declared to have been given without lawful authority and is of no legal effect.
2. Respondent No.2 as the petitioner earlier filed an application on 3.9.84 under s......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....he suit premises. 4. Mr. SR Karmakar, learned Advocate appearing on behalf of the petitioner, after placing the impugned judgment and other materials on record, submitted that Court below acted illegally in relying on the decision in the case of Shamsuddin Ahmed Vs. Mohd. Hassan and others repor......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....the Government was required to make appointments to these posts from amongst selection grade District Judges in consultation with the Supreme Court. In spite of the above mandatory constitutional and legal requirements the respondents, the Government of Bangladesh, represented by the Secretary Minis...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
....d the order of cancellation of the certificate was maintained. An appeal against the said order of the High Court was dismissed by the Supreme Court which observed that the ex rent receivers got no legal right to grant of a certificate under sub-section (4) of sec. 20. After this decision of the S......Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusing the prayer for status quo. Civil Revision No.1110 of 1974 is pending in the High Court Division which arose out of ..
Category: Procedural Law | Date: | Hits: 68
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ax Officer was correct and in accordance with the statutory provision of section 9 of the Act and that the inspecting Joint Commissioners; determination of bonafide annual value at Tk.1,80,000/- is illegal and not based on any legal evidence. 4. The Inspecting Joint Commissioner of Taxes, howeve......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....blic of Bangladesh shall stand suspended with immediate effect. g. All Acts, Ordinances, President’s orders and other Orders, Proclamations, Rules, Regulation, By-laws, Notifications and other legal instruments in force on the morning of Wednesday, 24th March, 1982 shall continue to remain in......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
.... was sent through money order on 12-8-1982, four days after the stipulated period. 11. The question is whether the defendant-tenant is a defaulter for the delay of the said four days. 12. The legal position in this respect has been contained in sub-section (5) of section 18 of the Premises R......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....e there under are rebuttable. 7. The power of attorney ext. I was executed by Hemangini and authenticated by the Deputy High Commissioner of Pakistan in Calcutta, having been produced in Court the legal presumption of due execution and authentication under section 85 of the Evidence Act stands, a......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....n, in particular Articles 26 and 27, of the Chamber and why the said impugned resolutions and the impugned Circular shall not be treated as having been passed without lawful authority and to be of no legal effect and why the impugned resolutions and the impugned Circular and actions of the responden...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....e why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election results of the Senate of the Registered Graduates of Dhaka University should not be declared to have been made illegally and without lawful authority and is of no legal effect. 2. The facts, in short, are that,...... or misconception rather than anything else. Probably, the same election process was followed and the same palpable mistakes were made by successive university authorities in the past. But to embrace status quo will only grant impunity to holding on to the illegalities indefinitely. 40. In the pa..Category: Election Law | Date: | Hits: 105
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