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Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....e-D) issued by the respondent No. 3 directing to disconnect the electric supply to the petitioner, Modern Cold Storage Limited situated at Feni Town, Feni should not be declared to have been passed illegally and without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule ......and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690...

Category: Others | Date: | Hits: 131

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

.... 22 of 2003 arising out of Rupganj Police Station Case No. 20(8)2000 by the judgment and order dated 18-1-2004. Those con­victs were also sentenced to pay a fine of Taka 10,000 each. Challenging the legality and propriety of that judgment and order of conviction and sentence, condemned prisoner Abu......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....e, appeared before this Court upon concealing the fact that their bail was cancelled and that there was an carder of warrant of arrest issued against them and made the aforesaid false statement and illegal prayer for bail. It is very unfortunate that the learned Advocate for the petitioners moved th......his has been done upon practicing fraud upon the Court for degrading the position of the Court in the estimation of the general people as the accused persons being in high position, both in money and status, taking advantage of the trust of the Court on "high sounding Advocates," showed thumb to the..

Category: Criminal Law | Date: | Hits: 97

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

.... in Case No. 20 of 1990 (Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be excluded from the list of Abandoned Pr......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..

Category: Property Law | Date: | Hits: 39

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....Code of Civil Procedure. In the impugned order, it appears that the learned Joint District Judge reviewed his earlier order on the ground that the relevant rules of the Land Management Manual was not legally applied while deciding the appeal against rejection of the order of temporary injunction. It......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..

Category: Procedural Law | Date: | Hits: 75

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

.... lastly, submits that the learned Judge of the trial Court rightly disallowed the pre-emption but the Court of appeal below without reversing the finding of facts arrived at by the trial Court most illegally allowed the pre-emption thereby com- mitted an error of law resulting in an error in the dec......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..

Category: Property Law | Date: | Hits: 23

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....ion of the house standing on the suit land and that one of the executants of the agreement, namely Mohan Bashi Roy, died in India in 1990 leaving behind 4 sons, that is, defendant Nos. 1 to 4, as his legal heirs. It is further stated that the plaintiffs requested them to execute the deed of sale but......o 6, submits that the impugned order will only enhance the cause of justice since the method of handwriting by the exa­mination expert has developed a lot and the findings of the expert has stood in status of exactitude. 18.  Mr. Abdul Quayum, the learned Advocate for the opposite party Nos..

Category: Property Law | Date: | Hits: 32

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....on proceeding being neither "মামলা" nor "বিচারাধীন" the order of transfer of the same by the Adalat under section 60(3) of the Ain is without lawful authority and is of no legal effect. In order to substantiate his argument, the learned Advocate further contends that the ......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...

Category: Constitutional Law | Date: | Hits: 168

Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)

....© dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..

Category: Employment/Service Law | Date: | Hits: 76

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....e provisions of section 60(3) of Artha Rin Adalat Ain, 2003 being inconsis­tent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any law­ful authority and of no legal effect and also the provi­sions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat ......d income" is close to what the banks and financial ins­titutions are entitled to get out of their lending activities. Furthermore, he submits, those are mere­ly illustration and irrespective of the status of the recipient of "interest" for the purpose of Article 20(2) of the Constitution. In addit..

Category: Others | Date: | Hits: 104

Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)

.... each of total worth of Taka 1,05,00,000 in ZIA vide his detention memo No. 069087 dated 29-8-04, (Annexure-G1). Bangla­desh Bank also granted necessary approval to remittance of SGD 600,000 to meet legal and other expenses to Harry Elias and Partnership (HE & P). 6. On 1 -9-04 the petit......legal effect. The respon­dents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...

Category: Business or Commercial Law | Date: | Hits: 178

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

....from applying for registration of the said trade mark under section 14(1) of the Trade Marks Act, 1940, and the applicant has been compelled to file the application for rectification because of the illegal registration of Trade Mark Liberty in the name of Md. Mofidul Haque, the appellant, to maintai......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....resented—For Opposite Party Nos. 1 and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurga......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..

Category: Property Law | Date: | Hits: 23

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....lands in any capacity, he has locus standi to make an application for revocation. "But it appears that the said correction and mutation of record of right was made in the year 1985 without having any legal basis", the learned District Judge observed. The learned District Judge however observed that ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..

Category: Property Law | Date: | Hits: 68

Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)

....ry of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgment within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..

Category: Labour and Industrial Law | Date: | Hits: 114

Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)

....vocate served a notice dated 13-6-2005 upon the respondents demanding justice but to no avail. 5. Being aggrieved, the petitioner moved this Court for declaring the refusal to accept his joining illegal and for directing the respondents to allow him to join in the appointed post and accept his jo......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..

Category: Employment/Service Law | Date: | Hits: 65

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....it No.1, showed that a succession certificate would be necessary for withdrawal of the money left by deceased Shahabuddin. Upon such view, learned Subordinate Judge found the minor son as the only legal heir and successor of deceased Shahabuddin and accordingly, issued a succession certificate in......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...

Category: Property Law | Date: | Hits: 36

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

....on a total misconception of law the prosecution had instituted two separate cases over the same subject matter, although law authorises a combination of more offences in one trial. Though there is no legal bar of separate trial of the accused for each separate offence but the policy underlying in se...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

.... getting acquittal of the charge he in writing and orally repeatedly requested the defen­dant No. 2 to allow him to join in his service, but in vain. Then he on 10-9-1995 through his lawyer served a legal notice upon the defendant No. 2, who asked him to meet with him in his office on 1-10­1995, B......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...

Category: Criminal Law | Date: | Hits: 29

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....ing loanee as a Director of Modern Jute Mills Limited as communicated to the petitioner by the Programme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro......pa Bank and the said amount with interest and other charges has increased to Taka 12.16 lakh and it still remains unpaid. The said respondent, therefore, informed Bangladesh Bank about the defaulting status of the company and its directors including the petitioner for which his name was included in ..

Category: Banking Law | Date: | Hits: 124