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Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....nt of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to have been made without lawful authority and be of no legal effect, etc. A writ Bench, by the impugned order dated 1st March 1998 summarily rejected the...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....dered to be a notice in the eye of law and the treatment of the property in question as an abandoned property and enlisting it in the “Kha” list is without lawful authority and is of no legal effect. The writ petitioners need not have invoked the jurisdiction of the Court of Settleme...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....;Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 23-9-86 (Annexure ‘H’ to the writ petition) as abandoned buildings, without lawful authority and to be of no legal effect. 2. The writ-petitioner-respondent No.1, Anwar Ahmed Khan filed the aforesaid ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....the tariff value by the impugned notifications giving retrospective effect was arbitrary and without any reasonable basis and, as such, the same amounts to an exercise of unguided power which is illegal inasmuch as there being no guide-line for fixing tariff value in section 25 and the Governmen......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... the orders for handing over vacant possession of the disputed stalls, contained in the aforesaid Annexure ‘F and ‘Fl’ have been issued without any lawful authority and are of no legal effect 4. Respondent Nos. 2-5 opposed the Rule Nisi issued by the High Court Division...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
.... Code of Criminal Procedure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while disposing of an appeal arising from the judgement of the Special T......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....mo No. College 31(2) dated 3-2-85 informed the Principal of the College that the Board in its meeting held on 5-1-85, had decided that the order of dismissal of the respondent from service had been illegal and unsustainable, having been passed in violation of Regulation No. 12 of the Regulations, 19......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31...Category: Employment/Service Law | Date: | Hits: 79
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....fresh trial by an appropriate Court should also see whether such direction should at all be given in the facts and circumstances of a particular case. For example, if it is found that there was no legal evidence to support the conviction then in that case it would be wholly wrong to direct a ret......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... Judgment January 15, 1998. The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same parties so the m..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....74 (XIV of 1974), Section 2(f), 3(1) (a) By talking to BBC that he would start election campaign for his party soon and that he had no regrets or excuses the detenue committed no crime or illegality and the same was not a ground relatable to the order of detention and on the fact of the o......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....rt Division then by judgment dated 3- 3-1999 made the Rule absolute and declared that the judgment of the Court of Settlement dated 18-8- 1997 has been passed without lawful authority and is of no legal effect and respondent No. 1 of the writ petition was directed to hand over physical possessio......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....or release of unutilized land is not a vested right nor failure of the requiring body to utilize the acquired land within 3 years from the date of acquisition as per government decision creates any legal or constitutional right in favour of a person claiming release of such land……&...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....d that the imported goods were required to be assessed as per SRO existing at the time of opening of the letter of credit and realisation of customs and other duties as per SRO dated 15-6-89 was illegal. Taka 6,36,032.00 was realised from the respondent as excess customs duty, sales tax and othe......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... Court being the last court of fact concurred with the finding of the trial Court and found from clear recitals of the document that the document is a deed of mortgage. The revisional Court most illegally and wrongly set aside this concurrent finding of fact that the registered deed is a mortgag......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....as deleted by notification dated 4 March 1993. 5. The appellant challenged the order of his removal which was passed beyond 180 days to have been made without any lawful authority and of no legal effect. 6. The Writ Bench of the High Court Division discharged the Rule. The learned......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....sp; December 8, 1999. The Evidence Act, 1872 (I of 1872), Section 5 When the sentence passed by the trial court is based on sufficient reliable legal evidence on record finding the accused not guilty by the High Court Division placing no reli......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..Category: Criminal Law | Date: | Hits: 64
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....aurashava in the writ petition and obtained the Rule Nisi upon the respondents as to why the Gazette Notification should not be declared to have been made without any lawful authority and is of no legal effect. 3. Facts giving rise to the writ petition, briefly stated, are Prior to the i......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ts as part of the Civil Services Cadre meant for the executive branch of the Government and to subject them to any laws meant for the employees of the executive Government should not be declared as illegal and ultra vires the Constitution and why a separate set of rules for the Judges of the subordi......n for the purpose of appointment of judicial officers and magistrates performing judicial functions and for the purpose of fixing their scales and grades of pay commensurate with their recognised status in the Constitution. (3) For effective implementation of the provisions of Articles 1..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....e arbitral award was void can be filed without recourse to section 33 of the Act and section 32 bars a suit of the present nature. 5. The learned Advocate-on-Record could not point out any legal infirmity in the decision of the learned Single Judge of the High Court Division. Th...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ..Category: Civil Law | Date: | Hits: 104
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....ng, inter alia, that the proceeding in question having been stopped under section 339C(4) Code of Criminal Procedure and not under the Act the learned Divisional Special Judge did not commit any illegality in reviving the proceeding against the accused under section 339D Code of Criminal Procedu......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
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