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Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....reto also put the writ petitioner under detention under the Special Powers Act, 1974. The writ petitioner eventually had to get himself released from the said criminal cases from the Court through legal battle including the said detention case. The Chief Metropolitan Magistrate, Dhaka by order d......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....e lands as tenants and that though the names of the writ petitioners were ordered to be substituted by the name of the leave petitioner but the writ petitioners were ordered to be shown as "illegal possessors through force" and thus the possession of the writ petitioners in the case la......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....ali Bank Ltd. Foreign Exchange Branch, Dhaka. On the same day he presented the cheque for encashment but the same was dishonored due to "insufficient of fund'’. On 29.06.2003 he served a legal notice upon the petitioner for payment. The petitioner received the same no 1.7.2003 but with......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ..Category: Criminal Law | Date: | Hits: 51
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....strained to file the application for granting temporary injunction to restrain the defendant-respondent No.1 from evicting the plaintiff-petitioners from any part of the suit land by putting the illegal ex-parte judgment and order in execution. 4. In the plaint it was stated, inter alia,...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....n existence due to the subsequent transfer made on 4.2.1996 to a co-sharer and accordingly the appellate Court on proper consideration of the evidence on record and proper appreciation of the legal provisions and also after adverting to the reasons assigned by the trial Court, reversed the ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ..Category: Property Law | Date: | Hits: 23
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......h Court Division has acted within its jurisdiction in modifying the decree of the Courts below based on misreading of pleadings and non-consideration of evidence on the issue as to proof of their status as agnatic relations to Achimunnessa; that the defendant-respondent's claim of inheritance ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....s is consistent with the provisions of the Ad hoc Rules of 1990 and any entry in the gradation list on the basis of wrong interpretation of any provision of the Ad hoc Rules of 1990 cannot have any legal validity or effect and cannot give rise to any right far less a vested right. 33. The appel......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5321 of 1996 seeking a declaration that the Act was void, illegal, ultra vires of the Constitution and of no legal effect and further that Dhanmondi P.S. Case ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....et the work order, as a right has accrued to him to get the same, he surprisingly come to know that the writ-respondent No.3 sent a letter to writ-respondent No.2 for correction of the tender price illegally by curing the defects of 2 bidders namely, M/s. Abdus Samad and Janmobhumi Nirmata and (JV) ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....r, 1987 and though they, in the middle part of November, 1987, on local pressure agreed to surrender vacant possession of the suit premises but ultimately failed and so he, on 29.11.1987, served a legal notice upon the petitioners under section 106 of the Transfer of Property Act and then the pe......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 48
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....stoms authority having made assessment, he paid the entire taxes and duties as per assessment order and then the Customs authority issued the release order but subsequently the Customs authority illegally did not release the goods inspite of several representations. 2. The petitioners op......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....failed to repay the loan he sent notices on 20.7.2004 and 29.7.2004 requesting the petitioner No.1 to perform his part of the agreement but in vain and thereafter on 19.8.2004 at his instruction a legal notice was issued to the petitioner No.1 whereupon he through his Advocate sent a reply on 28......ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....gh Court Division upon superficial consideration of the evidence on record and on mere conjecture and surmise confirmed the death sentence of the appellants and failed to consider that there is no legal evidence on record in support of the charges under section 302/34 of the Penal Code and that ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....C. has decided the points on which he had to hear the arguments and in that matter the third learned Judge was completely free in resolving the difference as he thinks fit. So we do not find any illegality in the judgment and order passed by the third learned Judge. Having gone through the recor......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....h retrospective effect from 15th August, 1975. Thereafter he promulgated the Indemnity Ordinance, 1975 on 26th September, 1975. This Ordinance was promulgated putting restriction on taking of any legal or other proceedings against persons in respect of certain acts; things, committed by those p......ompassion”. It is not something for which we should feel grateful, but rather, something upon which we have a right to insist. According to Plato, Justice consists of maintaining the societal status quo. Justice is one of four civic virtues, the others being wisdom, temperance, and courage...Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....hid, it was evident that the appellants had no common intention or preconcert mind of their being involved in the incident and therefore, the conviction of the appellants under section 302/34 was illegal. Learned counsel further argued that the presence of Lt. Col. Mohiuddin Ahmed (artillery) wit...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....le to repay the dues. The Dockyard and its directors are also jointly and severally liable together with Tapashee and its directors to pay the dues of the Sangstha. 10. The Sangstha served a legal notice on the Dockyard on 30-8-1982 pointing out the violation of the tripartite contra......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
.... filed the aforementioned Petitions for Leave to Appeal. 7. It was submitted on behalf of the petitioner in the Petitions for Leave to Appeal that "the High Court Division acted illegally by drawing non-existent distinctions between natural and juridical person in relation......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117........ 358 of 1997 praying for a decree of permanent injunction restraining the respondent No.2 and others from evicting her from the property of Holding No. 58/1A, Purana Paltan, and obtained an order of status quo dated 30-11-1997 and the learned Metropolitan Magistrate, on the basis of the said orde..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....14(1) of the Pourashava Manual before the Additional District Magistrate to call for the records to secure the justice. The Additional District Magistrate directed the Upazila Nirbahi Officer to take legal action in the matter. Thereafter the Upazila Nirbahi Officer sent a letter to inform the lates......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
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