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Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
....stry of Religious Affairs, Government of Bangladesh with a prayer for removal of the petitioner and also with the prayer for keeping the paddy as grown by the Mutwalli in the jimma of a 3rd person or any other organisation till finalisation of the proceeding for removal of the petitioner from the of...... Shah Waqf Estate appointing receiver till disposal of the proceeding under section 32 of the Waqf Ordinance 1962, hereinafter in brief the Ordinance, should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....erned including respondent No. 1 and 2 to place all Nathi to the concerned Minister for decision in respect of sale, lease, replacement of trawlers and permission or cancellation of trial trip or for any other decisions. Such direction was made in gross violation of the provisions stipulated in sect......name of the petitioner in the place of seller MM Khan and Co (Pvt) Ltd in respect of two vessels, namely, 'FVT Salsabil' and 'FV Zanjabil' (Annexure-E) shall not be declared to have been made without lawful authority and is of no legal effect and as to why the respondent No. 1 shall not be directed ..Category: Civil Law | Date: | Hits: 124
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....etitioner under section 7(3) of the Ordinance for payment to him compensation for Taka 9,14,767.11 only by 21-5-2000, considering him as owner to the said property. The petitioner has not yet taken any compensation and his property is still in his possession. After expiry of one year from the deci...... cause as to why the proceedings in LA Case No.22 of 1996-97 under Process No.259/7(16) dated 5-10-1997 (Annexure-B), issued by the respondent No.2, should not be declared to have been passed without lawful authority and of no legal effect. 2. Short facts leading to this Rule are that the Land Ac..Category: Property Law | Date: | Hits: 62
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....anch, Motijheel, Dhaka (shortly stated as the Bank). Respondent No.1 had instituted Title Suit No.130 of 1998 (the suit, in short) against Messrs Progressive Plastic Industries Ltd. (shortly, the Company) and its Chairman and directors for realisation of loan of Taka 16,60,130.65 as on 30-9-1998 and......sed by the petitioner and not by Judgment-debtor No.2 Mahbub Hossain Khan, husband of the petitioner. So, inclusion of the flats of the petitioner who is not a Judgment-debtor or guarantor is without lawful authority. The petitioner came to know from the auction sale notice published in the daily ne..Category: Civil Law | Date: | Hits: 136
....(2) of the Act should not be declared to be made/issue without lawful authority and of no legal effect.
2. The background leading to the petition, in short, is that the petitioner is a limited company and continuing the business of Hotel and Restaurant. It is stated the petitioner has been regula......er (Respondent No.2) to show cause under section 55(1) of the VAT Act as to why the punitive measures shall not be taken under section 37(2) of the Act should not be declared to be made/issue without lawful authority and of no legal effect.
2. The background leading to the petition, in short, is ..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... held that thecharge was proved and accordingly he passed the order of conviction and sentence. 5. The accused preferred this appeal pleading that the prosecution case and evidence did not prove any offence under section 493 of the Penal Code and that the learned Assistant Sessions Judge gave......d that there was neither any evidence on record nor even the complaint petition itself showed that there was any kind of ceremony of marriage so as to give a belief to the complainant about being the lawfully married wife of the accused and also that there was no evidence to show that the accused in..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... Writ Petition No.7236 of 2010 With Writ Petition No.826 of 2011 With Writ Petition No.1048 of 2011 And Writ Petition No.1059 of 2011 Judgment AHM Shamsuddin Choudhury J.- As many as four Writ Petitions, registered as Writ Petitions no. 7236 of 2010, 826 of 2011, 1048 of 2011......s such the impugned proceeding isliable to be declared to be antipathetic to the Constitution. Petitioners must not suffer the ignominy of having been convicted for crimes through an illegal and unlawful proceedings and as such they deserve to be cleared off. 46. Another set of petitioners fil..Category: Criminal Law | Date: | Hits: 154
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....ing upon every discipline categorized under the said Act. The interpretation of the VAT Act shall have to be on a different footing and cannot be equated in a generalized manner. The VAT authority by any stretch of imagination cannot go for an action under section 37 of the VAT Act, which is a penal......r No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to refund ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
.... feel and abiding conviction to a moral certainty of the truth of the charge. [Per Chief Justice Shaw] Concept of possession under the Penal Law The concept of possession under the Penal Law or any other law is not necessarily the same as the concept of "possession" under the Explosive Substan......owingly has in his possession or under his control any explosive substance; and (iii) that the does so under such circumstances as to give rise to a reasonable suspicion that he is not doing so for a lawful object. 70. In Arshad Ullah Vs. State, 21 DLR HC 684 it has been said: The word possess..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.....e. an area of 0.32 acres and remaining portion of Plot No.303 i.e. 0.17 acres have been purchased by both the brothers and during the life time of both the brothers, the said Jomu Sheik never raised any claim against the elder brother that he has cleverly did not put the name of the younger brother...... Sheik in equal share and therefore the finding of the learned Appellate Court to the extent that the trial Court ignored the S.A. record and decreed the suit in part has no basis to be considered as lawful and that being the only vital reason shows by the Appellate Court, the impugned judgment is l..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. Mrs. Rowshan Ara Begum,......d the order dated 8-10-1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No9. 19 of 1987 (Annexure-A (1) should not be declared to have been passed without lawful authority and of no legal effect and why the respondent Nos.3-5 should not be directed to mut..Category: Property Law | Date: | Hits: 115
....proceeding of Artha Jari Case No.145 of 2007 pending before the Adalat and the impugned order dated 12.5.2009 passed by the learned Judge of the Adalat.
Accordingly, the Rule is discharged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent...... in Artha Execution Case No.145 of 2007 by the Artha Rin Adalat No.2, Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule a..
Category: Civil Law | Date: | Hits: 85
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
.... others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division...... impugned letter dated 19-4-2002 vide Memo No. BPRH/2L/23/2003-294 issued by respondent No. 4, evidenced by Annexure-T to the petition, moved in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
.... Taj Begum @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers......transferred the 18 decimals of land on 17-2-73 by 4 deeds to the defendant Nos.1-4; that the plaintiffs name was shown in the serial number 4 of the said deed dated 17-2-73 which are illegal, without lawful authority; that the 6 decimals of land showing in the aforesaid deeds and showing the defenda..Category: Procedural Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....e Gazette notification whereby the disputed house was included in the list of abandoned property lost all force with the delivery of Judgment by the Court of Settlement. Under the above circumstances any further order is necessary for reinforcement of the Judgment delivered by the Court of Settlemen......393 of 1979. In this writ petition it was held that the treatment of the disputed house by the Government as abandoned property within the meaning of President's Order of 1972 was illegal and without lawful authority and of no legal effect. Along with the above direction was also issued to the Secre..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... The project envisages construction of circular roads around the two lakes, once part of a long canal, which had taken off and fell into rivers, passing by the city. 10. Environmentalist recalled many of the 78 canals that once criss-crossed through the historic Dhaka City, now only live in the m......he property for last 25 (twenty-five) years; and (g) an affidavit by the executant affirming that he has not transferred the property to any person before execution of this instrument and that he has lawful title thereto”. আমাদের সামনে আর একটি বিষয় ..Category: Constitutional Law | Date: | Hits: 642
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Government of Bangladesh Vs. Jahangir Alam, 12 ......y the impugned letter under Memo No. পবম/শা-২/বগ-২/২০০২/৭৯৮ dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for ..Category: Employment/Service Law | Date: | Hits: 216
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....……………….Petitioner Vs. State………………………….Opposite Party Judgment February 8, 2012. Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the libert......on under section 491 of the Code of Criminal Procedure. 15. The aforesaid section requires determination as to whether the order of judicial custody of victim Mosammat Rokeya Dil Afroz Munmun is lawful and whether she is entitled to go accordingly to her will and choice. 16. For determinatio..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....er No.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha Rin Adalat, Bagerhat in Artha Rin Suit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as ......o.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha Rin Adalat, Bagerhat in Artha Rin Suit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....f rights/bonus has not reflected rationally in the price of the mutual funds. Moreover, illegal declaration of stock dividend by mutual funds had made the mutual fund units similar to shares of a company which could not be allowed to continue. Under section 24 of the Securities and Exchange Commissi......ecurities and Exchange Commission (Mutual Fund) Rules, 2001 (Annexure-K) restricting Respondent Nos.3-6 from declaring stock dividend or rights issue should not be declared to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, ..Category: Business or Commercial Law | Date: | Hits: 462
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