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Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....lease in perpetuity dated 8.7.1981 situated at 6, Shaheed Moinul Road, Dhaka Cantonment, Dhaka without due process of law shall not be declared to have been made without lawful authority and is of no legal effect and also violative of the fundamental rights guaranteed to the petitioner under article......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....rough the evidence and materials on record Mr. Enayetur Rahim, the learned Advocate appearing on behalf of the appellants, submits that the impugned judgment and order of conviction and sentence is illegal and not maintainable in law. He contended that the learned Additional Sessions Judge having hi......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....te Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is concerned should not be declared to have been made without lawful authority and to be of no legal effect. 2. We have found that in this Rule the petitioner is one of the judgment debtors in...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
....ng upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be declared to have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....er had earlier filed a civil suit against the complainant. 5. We have heard the learned Advocate for the petitioner and perused the judgment and order of the High Court Division. 6. There is no legal impediment to file a criminal case even if a civil suit is pending on the selfsame allegations......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ..Category: Criminal Law | Date: | Hits: 43
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....in favour of the petitioners of the respective Rule. He further submitted that Government decision to utilize the land within three years from 2-6-88 having not been complied with respondents acted illegally in not releasing the unutilized land in favour of the petitioners. 9. Learned Advocate ap......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....f English Calendar re-inviting bid for the market described in the schedule for the year 1406 BS and also for a declaration that the auction of the defendants acting for the Government is unlawful, illegal, ineffective, contrary to the Rule of natural justice and void ab initio if it appears that th......, 39,901.00 was not accepted by learned Deputy Commissioner and he went for the Fourth phase. Learned Deputy Commissioner granted lease in favour of defendant No. 8 opposite party keeping in view his status as a lessee for the year 1405 BS and also the loss incurred by him as a result of flood. Lear..Category: Property Law | Date: | Hits: 34
....ared for the respondents. The learned Advocate for the petitioner has taken us through the writ petition, the impugned order and other connected papers and submits that the impugned order is wholly illegal, ‘void’, inoperative as the Debt Settlement Board was coram non judice as the respondent N...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
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Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd., should not be declared to have been issued without lawful authority and of no legal effect and also why respondent Nos. Ito 5 should not be directed to act in pursuance Regulatio...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal effect and also in violation of the fundamental rights of citizens including the petitioner. ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
.... Rights and Peace for Bangladesh (HEPB)' is a non profitable registered organization and the objects of the organization is to uphold the rights of the citizen and to work for the poor people to give legal support to the helpless people and to build up awareness amongst the people about their rights......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
.....09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United commercial Bank Ltd. to (a) prepare fresh balance sheets showing the paid......there is nothing in the depository regime that shows that the existing legal framework is not sufficiently adequate to most of the petitioners in beneficial owners in a company in particular with the status of membership of a company. 43. Accordingly, on the question of maintainability of the thr..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
.... defiance of the order of this Court directed the master to take the vessel to the private terminal of the defendant and since in spite of the order of injunction passed by this Court the defendant illegally took possession of the vessel, as such, in the interest of justice, the said vessel should b......red at the proper time, but it is not necessary to do so in disposing of this petition. As such, when specifically asked as to why the order of mandatory junction should not be granted to restore the status quo at the time of institution of the suit, the learned advocate was without any answer save ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....petitioner and decreed the suit of opposite party No. 1. 5. I have perused the judgments of the Courts below and heard the learned Advocate for the petitioners. Fact of both the suits rests on the legal effect of the deed of lease admittedly granted by father of opposite party No.1 in favour of t......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....tances lead to the irresistible conclusion that the opposite parties acted innocently with bona fide belief as per their record. 8. Before we embark upon the merits of the case let us consider the legal aspect of the case. It is now well settled that contempt of Court proceeding is a quasi crimin......lant/ petitioner and Momena Begum, the petitioner of this case is the respondent/opposite party and it is in connection with the same shop and in that Rule this court directed the parties to maintain status quo. Since as per record Mrs. Parveen Sultana is the allottee of the suit shop and since the ..Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....rder, shall, on such commencement, stand void and be of no effect." 16. He has also referred to the Indemnity Ordinance of 1975, being Ordinance No. LX of 1975, where restriction of taking any legal or other proceedings against persons in respect of certain acts and things were brought and th......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....itioner. MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by ......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....ot represented—the Opposite Party. Civil Revision No. 670 of 2002. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Cause...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....reasts. There is no medical evidence before us regarding the offence of later part. Moreover brothers of victim who recovered her, were not examined by the prosecution. So, we find that there is no legal evidence regarding her recovery. Let us now consider how far the prosecution could prove the c......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
..... 6, Deputy Commissioner and affirmed by respondent No. 5 Commissioner (Appeals) and respondent No. 3, Appellate Tribunal is hereby declared to have been passed without any lawful authority and of no legal effect and said imposition of fine is hereby quashed.
Order of stay granted at the time......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
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Category: Fiscal/Taxation Law | Date: | Hits: 63
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