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World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....o No. BTRC/LL-See/ World Tel/2002-11777 dated 7-8-2004 issued by respondent No. 2 under the signature of respondent No. 6 (Annexure-Al) should not be declared to be without lawful authority and of no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are; On 22-11-1998, th......omment on a sub-judice matter. 60. In the light of the above findings, we do not find any substance in this Rule. In the result, the Rule is discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. Thi..Category: Information Technology Law | Date: | Hits: 321
....tory and arbitrary and the demand made pursuant to Annexure "C" and "D" respectively of the Writ Petition No. 1971 of 2002 and Annexure "B1" and "C" respectively of Writ Petition No. 28 of 2002 are illegal and without jurisdiction in view of the fact that in the 3rd Schedule at the import stage of t...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
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Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ondent No. 7. But the respondent Nos. 4 and 6 without paying any heed to the petitioner's representations decided to grant lease of the said Cattle Hat to the respondent No. 7 and thus committed an illegality, it is argued. 6. Mr. Sheikh Rezzaque Ali, on behalf of the respondent No. 7, submits th......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
....respondent No.3. Additional Deputy-Commissioner (Revenue), Sylhet and the proceeding of mutation Appeal No.22 of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the pr...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
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Category: Property Law | Date: | Hits: 95
....g them as plaintiffs in place of their deceased predecessor. The trial Court took up the matter for hearing and by his order dated 17-6-1993 rejected the petition, and refused to vacate the earlier illegal order dated 13-6-1993.
5. Mr. Md. Moksed Ali, the learned Advocate appears on behalf of the...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
.... is that the plaintiff left this country in 1965 with his family members permanently. But he admits that after the liberation war, the plaintiff returned to this country and he was staying here but illegally and the defendant further pleaded that the plaintiff is a not a citizen of Bangladesh becaus......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....e suit finding, inter alia, that it was not a mortgage and it was an out and out sale and the endorsement on the basis of which the land was returned as alleged by the plaintiffs, was not genuine and legal and also found that the land could not be reconveyed by mere endorsement referred above. 10......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....the suit property although was exempted and omitted from the list of the attached properties of Certificate Case Nos. 3 and 16, as referred above, by order dated 19-6-1958 (Exhibit 2) but later on, illegally the suit land was auction sold behind the back and knowledge of the plaintiffs and without i......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....try made pipe-gun and two live cartridges had been recovered from his possession. Convict-appellant always used to keep arms in possession and by using those arms he committed terrorism and various illegal activities. Following the above commission of crime by convict-appellant Doublemooring Police ......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....the decision dated 11-8-99 of the Titas Gas to prepare gas bills on the basis of load of 26715.31 cubic meter per month at the pressure of 8 PSIG and that the bill dated 17 issued on such basis are illegal, unlawful and with an ulterior motive to harass the plaintiff and therefore, not binding upon ......putes over land. In the earlier case, a wall was raised blocking a passage violating an order of ad-interim injunction and in the later case, fresh pucca construction was made in spite of an order of status quo. In the cases, unlike the instant case, the plaintiff was under no obligation under any c..Category: Civil Law | Date: | Hits: 151
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....s and this point needs to be kept in mind by the income-tax authority while examining his matter on appeal which is pending but as to which we are not making any observation but only pointing out the legal position in this regard. 10. The learned Counsel further submits that Bangladesh signed a c......assport it is seen that he stayed in Bangladesh for the year 1990-91 for more than 182 days. It is the further case that the assessment has been completed on the basis of the assessee’s residential status and accrual of salary income in Bangladesh. The place of salary is not a factor according to ..Category: Fiscal/Taxation Law | Date: | Hits: 98
....nexure-D) passed by the First Court of Settlement, Bangladesh Abandoned Buildings, Segun Bagicha, Dhaka in Case No.176 of 1987 (Ka-21-Gulshan Area, Dhaka) should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts lea......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
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Category: Property Law | Date: | Hits: 103
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....ndents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ should not be declared to have been made illegally, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
....ion for answering the following question:
“(1) whether in the absence of any finding of any defect in the method of accounting employed and the accounts maintained by the applicant there was any legal scope for computing the income of the applicant by resorting to estimate?
(2) Whether on th......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....-98 issued by the respondent No.2 and Final Notification as to the Delimitation of nine Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners case, in brief, for disposal of...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....hin ten days and failing which, in warming to demolish the ‘Rangs Bhaban’ at the costs of the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter alia, that the petitioners are owners ......posed to be used as a National Square: open space and recreation centre across Shahid Jahangir Gate of Dhaka Cantonment when part of the airport is commissioned as STOL, airport and when the military status of the remaining portion of the old airport area is lifted.” Similarly, the respondent 5..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....ough the newspaper report and believes such report, he may not require anything else to hang the person named in such report. But in the trial of a case in order to reach justice, the Court will need legal evidence. The presiding Judge of the said Adalat fell in serious error in not assessing the ev......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....peech in Liversidge Vs. Anderson that every imprisonment without trial and conviction is prima facie unlawful and the onus is upon the detaining authority to justify the detention by establishing the legality of its action according to the principles of English law has been adopted in the legal syst......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
....writ court. The review petitioners have filed affidavit-in-reply reitarating their stand that since they were deprived of the opportunity of being heard in the matter they could not place factual and legal points of their case before the writ court. As a result their interest has been seriously prej...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
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Category: Others | Date: | Hits: 119
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....8, 9, 10 and 11 statements Under section 164 Cr.P.C. of accused Sahabuddin Alam Kabiraj, Sharifuddin and Abdul Majid Sarder recorded by PW 16 Sudeb Sarker, Magistrate 1st Class. He frankly admits the legal position that confessional statement of any accused can be used as evidence against the maker ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
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