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....ict Sunamganj (respondent No. 2) and issuance of the impugned notice as contained in Annexure ‘D’ to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The short fact leading to this Rule is that, the petitioner and his brother Mosa......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183...
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....ing with mutation case does not constitute a "Court" within the meaning of section 195(1)(c) of the Code of Criminal Procedure. So, the case initiated by a private person is not barred under the said legal provision. In support of this contention the learned Advocate for the opposite party No. 1 has......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
....ff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑1994 granting lease of the suit plot in favour of defendant No.7 were both illegal, collusive, forged, mala fide and not binding upon the plaintiff.
3. Plaint case, in short,......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....question of fact and the High Court Division is not to interfere with the conclusion of the First Appellate Court on such question. It is now well settled that comparison of signatures is a perfectly legal mode of proving handwriting and however inconclusive such proof may be it cannot be considered......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....ed the present Rule. 7. Mr. SM Rezaul Karim, tile learned Advocate for the petitioner, submits that tile learned Additional District Magistrate discharged the accused‑opposite parties beyond any legal norm. By his impugned order he took into consideration the deeds of transfer submitted by the ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....ms and ammunition and seizure of the petitioner's .22 bore rifle being No. 478923 and 100 bullets by the respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect. 2. In the application it has been stated that the petitioner is General Secretary, ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
....dated 15-6-93 passed by respondent No.1 in Appeal No.36 of 1992 dismissing the appeal vide Annexure F to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner Grameen Bank Karmachari Union is a Trade Union registered under t...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....murder of one Topi and since the prosecution has failed to adduce any evidence in order to establish that Topi was none else but deceased Jannati Khatoon, the confessional statement was wrongly and illegally relied upon by the trial Court in holding the condemned prisoner guilty under section 302 of...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... plaintiff opposite parties, opposes the Rule contending, inter alia, that the learned Senior Assistant Judge was perfectly justified in passing the impugned order and it does not suffer from any illegality or legal infirmity occasioning failure of justice so as to justify interference by this Cou...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
.... People's Republic of China, which was duly attested by a First Secretary of our Embassy in Beijing but rejecting such invoice value direction for assessment at the inflated rate of tariff value is illegal, arbitrary and unconstitutional. 4. Mrs. Syeda Afsar Jahan, the learned Assistant Attorney-......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....o take necessary step for reinstatement of Md. Habibur Rahman (Dismissed), Head Master of Shaistabad Moazzem Hossain High School, to his post should not be declared without lawful authority and of no legal effect. The Rule has been discharged by their lordship of the High Court Division holding that......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....ry for the settlement of any dispute that may arise out of or in relation to or consequent to or concerning the contract. It is not the case of anybody before us that the contract itself is a void, illegal or fraudulent act in which case the entire contract along with the arbitration clause, of cour......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....Report filed with the application there appear sufficient materials to make out a prima facie case against the discharged accused‑opposite party No.2 and, as such, the impugned order suffers from illegality. 4. The learned Advocate referring to first information report and the Police Report, An......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....nterference even under the inherent jurisdiction of this court available under section 561A of the Code of Criminal Procedure. It is submitted that when the inherent power can be invoked in case of illegal conviction and sentence passed without any evidence, the proposition of law is that such power......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
.... those cheques for encashment on 5‑3-2000 and 6‑3‑2000 respectively but those cheques were returned with endorsement 'Not arranged for’. After dishonoring of those cheques the bank issued a legal notice on 14‑3‑2000 and the same was received by the accused on 20‑3‑2000 but the accu......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....period from 25‑5‑1980 to 30‑1‑1989 in collusion with each other, created false settlement deeds in favour of accused Mizanur Rahman and others, appertaining to government Khas lands and for illegal pecuniary benefit, accused Mannan Molla, Surveyor, provided the accused with field parcha by o......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....ion he has cited some decisions. 24. Before considering the points canvassed by the learned Counsel for the condemned prisoners, we like to observe that the learned Additional Sessions Judge has illegally marked the seizure lists and the report of the medical board as Exhibit 2, 3, 7 and 5 respec......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....uld substantially bring home the offence against accused-appellants beyond all reasonable doubt? ii) Whether conviction awarded and sentence imposed upon accused-appellants can be sustained on legal evidences, materials on record, fact and circumstances of the case and also, in safe dispensat......t be examined in court on oath but the last word of a dying mail has a sanctity to which due weight must be given and the same cannot be brushed aside. A dying declaration enjoins almost a sacrosanct status a, a piece of evidence as it comes from the mouth of a person who is about to die and at that..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....and Service Terms and Conditions Act, 2000 (Act XX of 2000) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: Pro3/2000/613 date......r has been taken away by passing the impugned Act and that Act does not empower the Government to claim that the post of Preventive Officer/Appraiser/Inspector and Intelligence Officer are of equal status, as such, the posts are not inter-transferable on the ground of mere classification of some p..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....he said tax exemption to the petitioner as contemplated under section 46A of the Income Tax Ordinance, 1984 should not be declared to have been issued and passed without lawful authority and is of no legal effect. 2. The fact, as briefly stated, is that the petitioner company is a private limited......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
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