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Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....1(302) Anu: 1/2000/571 dated 4-4-2001 (Annexure-B) and File No.11(302) Anu: 1/2000/933 dated 31-5-2001 (Annexure-B 1) should not be declared to have been issued without lawful authority and are of no legal effect and why respondent Nos. 1-2 should not be directed to withdraw, cancel, revoke and/or r...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....stituted the suit against the petitioner and others for a decree of declarations, inter alia, that- (a) Order dated 14-1-1988 passed in Mutation Case No. 9P/87-88 described in schedule 'Kha' was illegal, void, inoperative and not binding upon the plaintiffs; (b) The plaintiffs have got title i...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....o.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to thi...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
.... Deputy Speaker within the National Assembly Area in violation of the original plan and the Building Construction Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works.
2. The facts of the case are as follows:
In June 1959 ...... plan submitted by Louis Kahn in 1973. Moreover, we do not sec any difference between this layout plan and those of Uttara and Gulshan Model Towns, where the layout plans have been given a sacrosanct status by the decisions of our Courts.
29. Architectural Aspect:
The learned Additional Attor..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....r trial in case of a person being lunatic before Court of Session continued. The provisions of the section are mandatory and failure of the Court to do so rendered the entire subsequent proceedings illegal and is of no legal effect which would vitiate the conviction and sentence…………………......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....s for settlement in accordance with the provision of clause (a) of GC 21 of the contract. The clause also provides that reference to arbitration as aforesaid shall be condition precedent to any other legal action. 8. As regards arbitration clause, reliance may be made on the case of Bangladesh Po......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....hile he was taking preparation to file a Civil Revision before this Court and that Sk. Md. Reazul Hassan left behind his childless wife Mrs. Hosneara Begum and only living brother Sk. Tariqul Alam as legal heirs of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begu......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....ner was not given any opportunity to explain the causes of delay and without giving any opportunity to the petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in ab......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
....ag No. 363 (Former), 646 (Present) Jote No. 293 (Former), 1532 (Present) total 71 decimals of land and why their acts 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...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405...
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
.... execution of the deed she has not raised any specific objection as to the fact of process of registration. This led the lower appellate Court to conclude that so far as registration is concerned the legal presumption of sufficiency of that process has not been rebutted sufficiently by the plaintiff......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....rds and Surveys (respondent No. 1) and the order dated 1-7-2002 passed by the Zonal Settlement Officer, Jessore Range, Jessore (respondent No. 2) should not be declared to have been made and passed illegally and without lawful authority and to be of no legal effect. 2. Facts giving rise to this R......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
.... what he pleaded before his plea of guilty is accepted. This shows that he has no basic idea as to when and under what circumstance a plea of the accused can be accepted. This plea of guilty is not a legal plea of guilty at all. A plea of guilty in a criminal Court can only be made in response to a ......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....cumstances of the case at best section 304A of the Penal Code might apply. (2) No liability was fixed on either of the parties for causing the death and, as such, the conviction and sentence was illegal and without jurisdiction. (3) The principal offender responsible for the death of the decea......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....d over possession to the 2nd party without any evidence and without determining as to who was in possession and in exercise of power of inherent jurisdiction the High Court Division stayed the said illegal order passed by the Additional Sessions Judge. In support of his contention he cited the case ......of murder. Therefore, a proceeding under section 144 of the Code of Criminal Procedure may be started. 3. The learned Magistrate directed the Officer-in-Charge of Mirsarai PS to maintain peace and status quo in the case land and to report. On receipt of the said report the learned Magistrate conv..Category: Criminal Law | Date: | Hits: 55
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... recorded the confessional statement of accused Mazid under section 164 of the Code of Criminal Procedure. It is deposed that at the time of recording confessional statement, she had followed all the legal provisions and formalities necessary to be complied with. She deposed that the accused put his...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....t and order dated 17-9-2001 passed by the respondent No. 1 in Complaint Case No. 29 of 1996 (Annexure-C to the petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be put thus: The respondent No......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352...Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....0 and he had/has locus standi to file the application for taking off the trade mark from the Register earlier registered in favour of the respondents, but the Deputy Registrar failed to consider this legal aspect of the case and thus erred in law in passing the impugned orders. In support of his con......ion No. 18375 in class 18, 18377 in Class 24, 18378 in Class 25, 18379 in Class 26 and 18380 in class 28 and the above registrations have been renewed and they all are in force. By virtue of the said status of the said trade mark, the opponent has become the absolute owner of the said trade mark and..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....mission of the learned Counsels for the appellants and respondent State. 7. Mr. Khurshid A lam Khan, the learned advocate for the appellants, concentrated his submission on two issues, namely, (a) legality of the joint trial of the under 16 accused along with six adults in view of the requirement......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....e what is the law regarding burden of proof. Section 101 of the Evidence Act lays down the provision of burden of proof which runs thus: "101. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those ......o so, take advantage of the weakness of his adversary's case. He must succeed by the strength of his own right and clearness of his own proof. 28. This is a suit for partition and in this suit the status of the defendant is like the plaintiff. Here in this case both the plaintiff and the contesti..Category: Property Law | Date: | Hits: 75
....ommercial Area, Tejgaon, Dhaka to the office of the respondent No.1 in the Transmission Department at Demra, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and pro...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
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