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Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 as contained in Annexure B to the Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain from taking any action or pas......al, Volume 1 published by the Government provides in the office Memo No. ED (Reg. VII)/S-123/78115(500), dated the 21st November, 1978 in serial No. 2 as follows: "A question has arisen as to the status of an accused Government servant against whom a warrant of arrest is issued but he absconds t..Category: Criminal Law | Date: | Hits: 158
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....impugned order No. 5 dated 5-5-2004 should not be stayed vide order No. 3 dated 22-5-2004 which was already directed by the learned District Judge without passing any order on merit which is highly illegal. 10. The point for determination is whether the learned Additional District Judge committed...... order dated 22-5-2004. The revision consequently, fails and the Rule is liable to be discharged. 26. In the result, the Rule is discharged with a cost of Taka 1000 (one thousand) and the order of status quo granted at the time of issuance of the Rule is hereby vacated. 27. The learned Additio..Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....st and thereupon new construction was taken over by Bangladesh Ware Housing Corporation (BWC) in the land of the writ petitioner No.1-respondent No.1. Writ-Petitioners obtained Rule challenging the legality of the Ordinance No. XXXVI of 1975 in Writ Petition No.325 of 1975 and in the said Rule Ban......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... of 2002 making the rule absolute and declaring the memo dated 15th January, 2002 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertaining to SA Khatian No. 955 of S.A...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....petitioners have been reappointed in their respective colleges on and from 10th May, 1998 before coming into force of the Rules of 2000, the regularization of their services as per Rules of 2000 is illegal. 6. The High Court Division on perusal of the Rules and the absorption of the writ petiti...... to the senior scale. The aforesaid colleges were affiliated by the Boards of Secondary and Higher Secondary Education. The said colleges have teaching standards up to degree level. Considering the status of the colleges, the Government decided to convert those colleges into Government Colleges by..Category: Employment/Service Law | Date: | Hits: 91
....uch there was no scope to accept the bid as per regulation 31(12) 2008 and the purchase committee being the highest authority rightly decided for re-tender and as such the High Court Division acted illegally in directing to execute contract in favour of the writ petitioner. It is also submitted that......lying relevant provisions of PPR, 2003, specially having regard to regulation 31(2).
03. Keeping in view the extreme urgency for increased water supply in Chittagong and the projects high priority status and efflux of about three years after the laying foundation of the project by the Prime Minis..
Category: Others | Date: | Hits: 164
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... (the present petitioners), called for the records of the case, fixing 07.12.2004 for filing memo-in-opposition. The order dated 27.09.2004 must be without any lawful authority and therefore is of no legal effect. 13. Heard the learned Advocate-on-Record and perused the petition and the impugned ......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ..Category: Administrative Law | Date: | Hits: 215
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....accused were sent on further interrogation to police custody after recording of their alleged confessional statements and, as such, the alleged confessional statements of the accused-appellants are illegal and, as such, the same in no way can be considered in the Court of law and as such there being....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... it was not open to the Appellate Tribunal to arrive at a decision that the claim was not allowable deduction. The learned Advocate also submits that in the instant case the Appellate Tribunal most illegally disallowed the interest paid on capital borrowed without setting aside the finding of fact g......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....n misconception of law. It is further contended that the appellants have applied for registration of their mark subsequent to that of the respondent No.1 and having no use of their mark, they have no legal and valid ground to oppose the registration of the mark of the respondent No.1 who is the prop......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
....dge framed the following issue:-
1) Is the suit maintainable in its present form?
2) Is the suit barred under section 42 of the Specific Relief Act?
3) Whether the defendant No. 1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974?
4) Whether the defendant......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... In this regard it was observed as follows: "the age of an accused at the time of occurrence is not relevant. If it is found that at the time of trial an accused is not a child there would be no illegality in trying him in regular court. In the instant case there was nothing on record to show tha......s also rejected by order dated 04.05.2005. 6. It may be mentioned that the High Court Division, while accepting that the accused was a minor at the time of the trial, observed that the question of status of the accused as a child and the jurisdiction of the tribunal was not raised before the tria..Category: Criminal Law | Date: | Hits: 128
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....d the suit by filing written statement denying all material allegations of the plaint and contended inter alia that the plaintiff has filed the present suit with false and frivolous allegations for illegally grabbing the suit property. It was also contended that the suit property has become a vested......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....e provisions of law or not. Bank Guarantees are generally given for a limited period but within the limited period the appeal may not be disposed of by the High Court Division. In order to avoid such legal difficulty we are of the view that Bank Guarantee should be given till the disposal of the app......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....No.6 asking the petitioner to deposit Taka 1,98,3 16.00 in addition to the actual amount of VAT already paid should not be declared to have been issued and made without any lawful authority and of no legal effect. 2. The petitioner stated, inter alia, that he is a business man by profession and s......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....ded over a cheque of Taka 26,11,303.00 in favour of the complainant which was deposit by the complainant in bank on 25-7-95 and 23-8-95 for encashment but the cheque was dishonored. Then the issued a legal notice upon the accused on 29-6-96. The complainant met the accused on 30-7-1996 at about 3-00......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....ালষ্ট্র মন্ত্রনালয়, গণপ্রজাতন্ত্রী বাংলাদেশ সরকার, ঢাকা are without any lawful authority and are of no legal effect and the detenu is being held in custody without any lawful authority and is of no legal......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... Writ Petitions under Article 102 of the Constitution of Bangladesh Rules Nisi were issued calling upon the respondents to show cause as to why the respective impugned orders should not be declared illegal without lawful authority and to be of no legal effect and why the should not be directed to ca...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
....in which it was claimed that the mark was adopted by them in the year 1989 and they are in continuous use of the same since then and the same was validly registered in their favour complying with all legal formalities. Their further case is that it was dishonest intention of the respondent to trade ......6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237...
Category: Intellectual Property Law | Date: | Hits: 319
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