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Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....8. The petitioner unsuccessfully challenged this order of appointment in the writ petition before the High Court Division which observed that the petitioner, who was an unsuccessful candidate, got no legal right to the post applied for by him. 3. Mr. S.S. Halder, learned Advocate for the petition......urther advertisement in the News Paper. Contention of the respondent was that at the time of selection of candidates two more posts fell vacant and those posts being equal in respect of pay, rank and status, to the five posts advertised all the seven posts were filled with the candidates selected by..Category: Employment/Service Law | Date: | Hits: 126
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....ng and removing the dwelling house of the defendant No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal, collusive, ineffective, created by false personification and not binding upon the plaintiffs ......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....al before Nari-o-Shishu Nirjatan Bishesh Adalat, Jessore in Nari-o-Shishu Case No. 140 of 1997. 7. Accused Md. Kaloo having been in abscondence althrough was tried in absentia on observance of all legal formalities and procedure essential for the purpose of holding trial in absentia. Bishesh Adal......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....animosity or group rivalry or other ill-feeling or even personal acquaintance. Prosecution alleges that it was the result of indoctrination of the condemned convicts to the effect that the prevailing legal system, what they call as তাগুদি আইন must be replaced by what they recognise......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....ntence of imprisonment awarded against a convict of the period he has been in custody in connection with the offence before conviction. So, according to him, the learned Tribunal did not commit any illegality in deducting such period of his jail custody from the sentence of imprisonment awarded agai......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....de sheet that he mixed the suspects along with 50 under trial prisoners having similar dress and age. He denies the defence suggestion that he did not hold the test identification parade properly and legally. 13. PW 8 is Md. Mahfuzur Rahman who in his evidence deposed that on 16-12-98 he was post...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....ty No.6 in the application). Kalipada Das already transferred his interest to the pre-emptor and Durga Das to said respondent No. 4, Eshan Chandra Das died leaving his wife Hazu Rani Dasi as his only legal representative, Rajbihari Das also exhausted his interest in the" holdings by transfers to the......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decision occasioning failure of ...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....aughter may be considered as barred by res judicata in view of the earlier Family Suit bearing No. 11 of 1990; that awarding of past maintenance from 18-5-1990 in this Family Suit No. 13 of 1997 is illegal, inasmuch as one can legally claim past maintenance for 3 years only and claim prior to 3 year......7 is illegal, inasmuch as one can legally claim past maintenance for 3 years only and claim prior to 3 years is barred by limitation; that the learned appellate Court below has failed to consider the status and income of the defendant-petitioner in affirming the judgment and decree of the trial Cour..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....innocence and false implication. 9. In the petition of regular appeal being Criminal Appeal No. 3644 of 2003 condemned prisoner Hasan has taken the said grounds and also some other grounds raising legal and factual issues including the credibility of the evidence of PWs 2, 3, 4, 5, 12, 13, the cr...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....aintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, without jurisdiction, null and void and not binding upon the plaintiffs. 3. The case of th......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....g upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition briefly, are that the petitioner passed......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....the State, supports the impugned judgment and submits that the learned Assistant Sessions Judge, upon considering the evidence on record rightly passed the impugned judgment which is just, proper and legal and warrants no interference by this Court. 10. Let us now consider the evidence on record.......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....the other hand, the agreement is silent in the material respect, then recourse must be had to UCP, and if a relevant term is found there, that term will govern the case." 186. In view of above legal position Oil express terms in the letters of credit and on the evidence on record, we have no ......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....petitioner in the lower position of Manager, Technical and Special Project (MT & SP), evidenced by Annexure-F to the writ petition, should not be declared to be without lawful authority and of no legal effect. 3. Perused the writ petition, affidavit-in-opposition filed by the respondent...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....erefore, non-consideration of so on a document while passing the judgment by the High Court Division results in erroneous decision and the lower appellate Court in its judgment fully considered the legal effect of 'Shoronlipi' and 'a rent receipt' as produced by the D.W.'s and came to a specific f......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..Category: Property Law | Date: | Hits: 74
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....le Bench). In the said second appeal the assessee had also taken an additional ground that his family expenses was disclosed at Taka 72,000 but the Deputy Commissioner estimated it at Taka 1,20,000 illegally. The Taxes Appellate Tribunal upheld the order of the Joint Commissioner of Taxes with the f...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....rdinance, 1983 corresponding to GR No. 1003/2000B/633/2000 confiscating the vessel FV Shin Fa Chern # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....46, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have been made without lawful authority and to be of no legal effect and why Rule 8(1) of Rules, 1998 shall not be declared to be ultra vires of Article 40 ...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551