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Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....l as the Election Commission, to show cause why the impugned Notification dated 30-8-2000 issued by the respondent No.1 should not be declared to have been made without any lawful authority and of no legal effect. 6. Only respondent No.1 has entered appearance and contested the Rule by filing an ...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....en given in favour of Ahsangonj Union Parishad and the same was sold in auction for the last 5 months and the Government realised rent of Taka 1,25,000 and therefore, the prayer for injunction is not legally maintainable. 4. The learned Subordinate Judge upon hearing the parties by order dated 6-......s not entitled to an order of injunction both on facts as well as on law. Accordingly, I find no substance in this Rule. In the result, the Rule is discharged without any order as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court record..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....-2000 by the Speaker to the Election Commission by Memo No.8(1)12000- Law-2 (Miscellaneous) dated 28-3-2000, Annexure B, shall not be declared to have been made without any lawful authority and of no legal effect and why the respondents shall not be directed to revoke, cancel, rescind and/or withdra......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
.... why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not be declared to be without lawful authority and of no legal effect.
2. Respondent No.1 contested the Rule and has filed Affidavit in opposition. The pe......of the citizens of the country and that petitioner being a trespasser has no locus standi to take shelter of the writ jurisdiction and in view of the provisions of Act 32 of 1989 the interim order of status quo need be vacated.
5. The petitioner in her supplementary affidavit dated 9-8-2000 asser..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....ance of the contract. 4. In that suit the defendant No.3 the House Building Finance Corporation contested by filing a written statement contending, inter alia, that the property has been under the legal mortgage of the defendant No.3. 5. On the contrary, the defendant No contested the suit and......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....Court of Session, We are further of the view that the action taken by him is not in conformity with the provisions of section 205C and, as such, the order of the learned Magistrate was not proper and legal. We regret that the learned Additional Sessions Judge failed to take notice of the legal posit......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....cial Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998 should not be quashed. 2. It appears that the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petitioner at the v...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
.... Petitioner of Civil Revision Petition as plaintiff on 17-8-1985 laid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now Assistant Judge), Dhaka for a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff af......Huq, with Mr. AKM Shahidul Huq, Ms. Tania Siddiqua and Ms Chamon Akhter, learned Advocates. 14. Contention pressed into service from the side of defendants petitioners is that the plaintiff got no status or character to challenge the decision of the Government in the matter of putting the suit pr..Category: Property Law | Date: | Hits: 83
....ernment of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and of no legal effect and why they should not be directed to complete the sale transaction in respect of the ......id suit although was dismissed by the judgment and decree dated 27-2-1984 but the plaintiff filed a first appeal being FA No.6 of 1984 against the Government and the parties were directed to maintain status quo by an Order dated 5-4-1984, passed by the High Court Division, till hearing of the Rule i..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ory form. 2. The plaintiff filed the suit for declaration that the action of the defendants in disconnecting gas line of the plaintiff and continuance of such disconnection from 28-12-83 are all illegal arbitrary, mala fide, void and without jurisdiction” and for injunction directing the defend......ory injunction in the nature prayed for is not available. On the other hand, it appears from the aforesaid decision that mandatory injunction on an interlocutory application may be granted to restore status quo. Mr. Mohammadullah, however, emphasised on status quo existing on the date of institution..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
.... and exempted them from paying taxes under section 4(3)(iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the legality of those orders. 5. In Reference Application Nos.27-32 of 1992 and 34-36 of 1992 Banglad......was treated as Local Authority rather they were treated as company and, as such, income tax was levied on its income and that order is under challenge. In all these reference application in fact, the status of the statutory corporations namely, Bangladesh Sugar and Food Industries Corporation, Bangl..Category: Fiscal/Taxation Law | Date: | Hits: 86
....ng upon the respondents to show cause as to why letter dated 10-10-94 Annexure ‘A’ issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or rescind the same and to give...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
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Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....he defence lawyers to cross-examine the PW 14. (5) Learned Additional Session Judge not being the appellate or revisional Court against the order granting bail by the learned Session Judge acted illegally in cancelling bail of the petitioners. (6) Bail of the petitioners was cancelled without ......ion on the part of the learned Additional Session Judge. (8) Since a civil Suit is pending between the absconding accused Faruk Thakur’s wife and the owner of the house and there was an order of status quo and the victim was no longer a tenant of the owner of the house after expiry of his lease..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....he learned Advocate appearing for the accused appellants submits that the learned Divisional Special Judge was wrong in convicting the accused appellants mostly on surmises and conjectures and not on legal evidence on record and, as such, the impugned order of conviction and sentence is not maintain......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....icient for satisfaction of the Court. The expression 'other sufficient grounds' does not appear to have been used by the legislature as ejusdem generis with the expression 'formal defect'. 20. The legal meaning of the word 'formal' is done in due form or with solemnity; according to regular way. ......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....en. Then, on 9-8-2003, that is after more than seven months, the suit was instituted. 16. Under section 42 of the Specific Relief Act one is entitled to institute a suit for a declaration when his legal character or any of his rights to any property is infringed. The declaration sought for by the...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....ing upon the respondents to show cause as to why the impugned judgment and order of conviction and sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. Lesanul Hoq lodged the first info......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....rida Rahman met with a road accident in the USA and died instantaneously leaving behind her husband, Md Mokhlesur Rahman, father Hamiduddin Ahmed, mother Momena Khatoon and the plaintiffs as her only legal representatives. According to Muslim Law of Inheritance, husband inherited to the extent of 3/......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....sts/ positions as Godown Darwan, Godown Chowkider and Godown Keeper in the petitioners' bank as permanent workers should not be declared to have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before a Division Bench of the High Co......s regardless whether he is a permanent, temporary or other class of worker. The benefits or facilities like gratuity, provident fund, etc. are also no criterion under the labour laws to determine the status of the worker as temporary or permanent. These benefits may be made available by making priva..Category: Employment/Service Law | Date: | Hits: 85
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......time as occasion requires." 17. It appears that the Import Policy Order 2003-2006 has been promulgated under the authority of Import and Export Control Act 1950 and, as such, the same acquired the status of law and accordingly, the Provision of General Clauses Act is applicable upon it. Under the..Category: Business or Commercial Law | Date: | Hits: 234
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