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Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....1)/96-831 dated 22-12-96 (Annexure-A) issued by the respondent Nos. 1 and 2 under the signature of respondent No.3 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The petitioner in this writ petition has impugned the directive issued upon him ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that, respondent No. 2 Bangladesh Stand......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....nder section 561A Cr.P.C. if he can make out a case of coram non judice of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. The latest decision on exercise of inh......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....s punishable under the Cruelty to Women (Deterrent Punishment) Ordinance, 1983, the trial of the present case by the learned Sessions Judge under sections 302/201 of the Penal Code was not proper and legal. Thus we are of the view that the case should have been tried by a Special Tribunal constitute......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....udgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) by the respondent No.1 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, owner of MV Alba (formerly MV Alsara), in brief, is ......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....he manner a trustee ought to. He submitted that Article 145(2) entitles the petitioner to have recourse to Article 102. He cited five situations where this Division can set it’s foot to examine the legality, propriety or righteousness of a policy based decision and they are where the policy decisi......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....ic tonnes of rice from the Government Godown for free distribution but without distributing the same to the distressed people, the accused person misappropriated the entire quantity of the rice for illegal gain. He also stated that the accused did not submit any Master Roll for the rice in question,......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....o show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO-2/5231 dated 27-3-94 (Annexure A) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner Begum Tahmina an active member of the Jatiya Party and Secretary ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......to the petitioners within two months from the receipt of the record by the trial Court. Let the record be sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) ..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....nal Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and adding the names of his legal heirs of the deceased defendant in his place. 2. The facts relevant for disposal of this ap......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....to why the order dated 20-4-92 passed by the respondent No.1 dismissing the Case No.191 of 1988 (Ka 303) Mirpur, Dhaka should not be declared to have been passed without lawful authority and is of no legal effect. The petitioner has stated, inter alia, that after liberation of Bangladesh the propert......d to the Court of Settlement for disposal 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) 456...Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....nd decree recorded by the Family Court and sent the suit back on remand for fresh trial with the observation that the genuineness of the Talaknama and the signature thereon were required to be proved legally which in fact was not done in the matter. (d) The record of the suit was, thereafter, sen......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....nt to explain the delay. But in the facts and circumstances of the case without giving any opportunity to the appellant of being heard on the point of limitation, the Commissioner of Taxes (Appeal) illegally dismissed the appeal in limine and the Appellate Tribunal in affirming the order of the Comm......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... the applicant was pending on 6-12-83, when another notice was issued under section 34(1) of the Act and, as such, the subsequent notice served by the DCT under section 34 of the Act was premature, illegal and without jurisdiction. The learned Advocate further submits that it was the incumbent duty ......t year. A great deal of confidence is reposed on the DCT by the revenue and he is vested with unlimited power in the matter of assessment of total income of a citizen. The DCT enjoys a peculiar legal status and the legislature, keeping in view the range of authority and power of DCT, did not give an..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....from the date of institution of the suit till realisation. 12. On scrutiny of the pleading and evidence on record we find that the plaintiff totally failed to prove that defendant Bank was under a legal obligation to sanction the very amount of loan prayed for. The case of the plaintiff is that t......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
.... 1,03,80,908/- in excess from the plaintiff. The particulars of such excess recovery have been given in the plaint as follows:- Particulars Amount (Taka) Illegal recovery of compound interest on the interest during construction period (IDCP) insolati......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
.... of the I.R.O. praying for a declaration that the order dated 15-4-84 passed by the Chief Personnel Officer (West), Bangladesh Railway promoting some, ad-hoc clerks superseding the petitioner was illegal, arbitrary and contrary to the rules.
3. The case of the respondent No 2, who was petitione...... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
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Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....suring 41 shatak of the suit plot and holding was originally owned and possessed by Tusta Pramanik. Tusta Pramanik died leaving his wife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale d...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
....the predecessor-in-interest of the opposite parties, Ismail Sheikh as a licensee. Suit was decreed ex parte on 2-2-86. On 24-4-86 said Ismail Sheikh died leaving the opposite parties as his heirs and legal representatives. Before his death, he unsuccessfully moved an application under Order 9 rule 1...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... argues that in making the respondent No.8 responsive, apart from violating the terms and conditions of the tender document acted against the decision of the Evaluation Committee and also ignored the legal opinion given by its Legal Advisor Annexure-Y1 to the affidavit in opposition of the responden...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
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