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Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
.... the petitioner and informant are at loggerheads, facts and attending circumstances of the whole matter and the Authoritative pronouncement of the Apex Courts referred to above and gamut of the whole legal perspects, we are of the considered and dispassionate view that it will be just and proper to ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....ate Division in the case of Bangladesh Vs. Md. Suruzzamal and others reported in 15 BLD (AD) 1467 wherein their lordships held that once a property vests in the Government under P.O.No. 16 of 1972 no legal proceedings can be brought against such property. The High Court Division in the instant case,......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
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Category: Property Law | Date: | Hits: 54
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....eference applications and we have been asked to answer the following questions: i) Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal, Dhaka Bench-3 was legally justified in its direction to treat income of BRAC Printers Limited and Arong exempt from ta......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....parties to the two suits are also different and the two suits are of different nature, one being a simple suit for partition and the other one being for a declaration that the disputed sale deed is illegal, in operative and not binding upon the plaintiff. Being aggrieved by the aforesaid impugned or......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....
2. Mr. Rafique-ul-Huq, the learned Advocate appearing for the petitioner, has submitted that issuance of such memorandum (Annexure-B) by the respondent No. 3 District and Sessions Judge is highly illegal as there is neither any prima facie case made out in the application (in order to obtain such ......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....e learned Advocate Mr. Md. Rawshan Ali appearing on behalf of the appellant submits that the trial Court fell into an error of law in decreeing the suit although the plaintiff failed to prove through legal evidence that Md. Ismail was, in fact, dead. While elaborating his argument on this point he s......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
.... (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former post with all arrear salaries a......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....angers thereto. There is no evidence on record to hold to the contrary; PW 1 also stated in his evidence that the total area of land under their possession is only 10 bighas and, as such, there is no legal bar in the way of getting pre-emption. The evidence of OPW No.1 regarding the application of t......aibandha in Miscellaneous Appeal No.72 of 1988 are affirmed and the petitioners Miscellaneous Case No.64 of 1984 for pre-emption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51..Category: Property Law | Date: | Hits: 56
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
.... passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become illegal and directing the writ-respondent Nos.1, 3 to 5 to hold the election of the elective offices o......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
....n for Leave to Appeal is directed the judgment and order dated 02.04.2007 passed by the High Court Division in Writ Petition No. 1324 of 2004 discharging the Rule.
2. The petitioner challenged the legally of tender notice for lease of hats and Bazars issued under the signature of Upazila Nirbahi ...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
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Category: Property Law | Date: | Hits: 71
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....d to have a sexual exercise with her but she refused whereupon accused Hanif promised her to marry holding the Holy Quran in his hand. Accused Hanif also assured her of taking her to his house as his legally married wife in due course of time and fed by such assurance she surrendered herself to the ......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
.... law in passing the impugned order of conviction and sentence and the same has occasioned failure of justice. The learned Advocate further submits that the learned Courts below failed to consider the legal incidence of the counter case and the evidence in support of the defence case and, as such, th......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....s so that the financial institutions and banks do not make any loan or financial accommodation to them as envisaged under section 27 KaKa (3) of the Bank Companies Act, 1991. In view of the aforesaid legal position, the names of the aforesaid three defaulting borrower companies were only liable to b......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
.... Md. Ruhul Quddus J.- This Rule Nisi, was issued at the instance of the writ petitioner Md. Arif Gaffer, a judgment debtor in an ex parte decree passed by the Artha Rin Adalat, Khulna to examine the legality of order dated 1.12.2008 passed by the Artha Rin Adalat, Khulna issuing warrant of arrest f......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
.... (Annexure‑C) issued by, respondent No. 2 directing examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporated in Bangladesh under the Compani......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj” on 7-3-97, so far as it relates to the petitioner, should not be declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International University, applied to the th......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
....of the Legal Remembrance’s Manual, 1960 may be taken into consideration. The provision is to the effect that- “Every person charged with committing an offence punishable with death, shall have legal assistance at his trial and the Court should provide an Advocate or pleader for the defence un...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370...Category: Criminal Law | Date: | Hits: 47
....are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advocate in support of Rules are that no criminal proceeding is legally maintainable against petitioners under section 55 of the Industrial Relations Ordinance, 196......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231...
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....ift by a person belonging to Hindu community and governed under the Dayabhaga School of Hindu law is not valid in view of the provision of section 123 of the Transfer of Property Act. In view of this legal position Marani Paul did not acquire any title in the suit land on the basis of alleged oral g......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
....e as to why the impugned order contained in Memo No. 485/DAB(Dhaka) dated 8-4-96 (Annexure-A) issued by respondent No. 2 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may be summarised as follows:
......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
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Category: Anti-Corruption Laws | Date: | Hits: 191
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