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Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....mited to judicial and quasi-judicial bodies, as such, this jurisdiction can be used in the narrow sense to declare as to whether the act done or proceeding taken is without lawful authority and is of legal effect or not. In exercising this power of judicial review the court does not assume the funct......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... duty, has acted pursuant to such decision opinion and published notification and thus the parliament has abdicated its planner function under Article 83 and as such, the supplementary duty is not legal levy; that NBR forms opinion and pick and choose item and takes decision to levy supplementar...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....s again deposited in the bank for encashment and the same was returned with the endorsement "not arranged for and refer to drawer." In such circumstances the complainant petitioner caused issuance of legal notice under registered post demanding payment against the cheque but the accused persons avoi......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....e circumstances the Standing Committee recommended for the Second bidder i.e. Banna Enterprise, Bammandanga Gaibandha and as such the impugned letter dated 10.11.2002 has been issued which is not illegal, arbitrary and malafide. 4. Being aggrived by and dissatisfied thereby the respondent......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....5 making the Rule absolute without any order as to costs declaring the order dated 17.03.2005 terminating the service of the respondent as Deputy Registrar of the National University, Gazipur to be illegal and of no legal authority and further directing the National University to reinstate the respo......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...Category: Employment/Service Law | Date: | Hits: 118
Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)
.... in writing before the trial Court about the fact that learned engaged Advocate for defendant Nos.1 and 2 agreed to the passing of the status quo order on both sides, the defendant Nos. 1 and 2 had legal scope to deny the said fact afterwards. The learned District Judge correctly observed that t......d materials on record. It appears that since there was nothing in writing before the trial Court about the fact that learned engaged Advocate for defendant Nos.1 and 2 agreed to the passing of the status quo order on both sides, the defendant Nos. 1 and 2 had legal scope to deny the said fact af..Category: Civil Law | Date: | Hits: 106
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....ncluding the Supreme Court before commencement, stand void and be of no effect." 14. He also referred to 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 in and......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....d the provisions of law as discussed above and thus it acted within the bounds of law and as such the impugned order cannot be declared to have been passed without lawful authority and is of no legal effect, consequently we find no merit in the rule." 5. We have considered the...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....quo; rejecting the application of the judgment-debtor to repay the entire outstanding decretal dues by selling the mortgaged property by the judgment-debtor can be declared illegal by the Judge of the Artha Rin Adalat under Section 57 of the Artha Rin Adalat Ain as the Cour......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..Category: Property Law | Date: | Hits: 106
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
....he respondent No.1 instituted Title Suit No.112 of 2004 for declaration that the order of cancellation of his appointment as Assistant Head Master of Khabashpur Labonya Prova High School is illegal, void, collusive and not binding upon him. The short fact of the cases is that the plaintiff ......at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ..Category: Employment/Service Law | Date: | Hits: 106
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....fically made out any case for interfering with the judgment of the trial Court and that memorandum of appeal also does not disclose in which respect the trial Court was in error or committed illegality and thereupon holding that the judgment and decree of the trial Court does not call for i......ranted to consider the contention that Exts.9 and 9(ka) having not been proved in accordance with law are inadmissible in evidence and that there having no other evidence in proof of licensee status of the defendants, the High Court Division fallen into an error of law in holding that the d..Category: Property Law | Date: | Hits: 82
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....der as contained in Memo dated 8.1.2007 Deputy Wakf Commissioner (In Charge) appointing Shah Mohammad Hossain, the respondent No.10, as Mutawalli of Hazrat Shah Mohammad Elias (R.A) Waqf Estate, as illegal and void. 2. The respondent Nos.1 to 5 filed the above writ petition challenging the above ......d conduct of a statutory body and while the stay matter was pending before the Appellate Division, every body, statutory or others, was expected to act with care and particularly, not to change the status quo to the advantage of any party to such a case and such orders did not help and rather we..Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....ision, relating to same plot of land (plot No. 367) and also the same Gazette Notification dated 11.11.1999, given in Civil Appeal Nos. 36 and 37 of 1998, the decision of the High Court Division is illegal and contrary to Article 111 of the Constitution. 14. Mr. A. F. Hassan Arif, learned Couns......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....of Revenue in this respect. 7. Before conclusion, I cannot help mentioning that the attempt to prosecute the appellant even before he started functioning as provided in the Customs Act is neither legally permissible nor desirable. I shall also mention and it bears repetition that in view of the ......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....LD (AD) 268. In the case of S.M Kamal vs. State 6 BLC (HCD) 113 it has been observed that other public seizure list witnesses did not supported the prosecution case in spite 01 that there is no legal bar to convict the appellant on the unimpeachable evidence of the police. Therefore, we find......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ..Category: Criminal Law | Date: | Hits: 155
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....lf-yearly installments effective from 31.12.1989 with interest as agreed upon. The borrower company and its Directors failed to make the repayment as per stipulated installments and as such a legal notice dated 19.11.1991 was sent under Section-34 of the Bangladesh Shilpa Bank Order and on ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....stituted the case. 3. The pre-emptee petitioner and another filed written objection denying the material assertions of the pre-emptors alleging, inter alia, that the pre-emptors are not legal co sharers in the case holding and thus they have no locus standi to institute the pre-empti......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
.... submits that the plaintiff filed Nari-O-Shishu Case against the defendant No.1 but the petitioner was acquitted from the said criminal case, the plaintiff had been living in separate house without legal and reasonable ground and the petitioner tried to bring the plaintiff to his house to live a......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ..Category: Criminal Law | Date: | Hits: 75
Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)
....or 3(three) months, with provision to extend for further 3(three) months, the petitioner's appeal filed after long 3 years is hopelessly time barred and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. ......cluding those of the Experimental School and that the Instructor of P.T. Institute and the Assistant Teachers of the Government Secondary School, having B. Ed, degree, enjoy the one and same rank, status and scale of pay and that the posts of junior teachers of the Government Secondary Schools, ..Category: Administrative Law | Date: | Hits: 243
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....onvey that the vendor of the plaintiff transferred the land while she (the vendor) was not in possession. The finding of the High Court Division as regard the possession of the land in suit is not legally well founded. 10. The learned Advocate-on-record representing the Respondent Nos.1-1......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..Category: Property Law | Date: | Hits: 35
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