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....r Joydebpur Police Station in the District of then Dhaka at present Gazipur vide LA Case No.62 of 1969‑69 (Annexure-A) should not be declared to have been made without lawful authority and is of no legal effect.
2. The relevant fact for the purpose of disposal of the Rule is that the petition......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....tion 3 and 4(4) thereof, should not be declared void as being inconsistent with the Constitution and in particular Articles 7,9,11,27,28,59 and 60, as being enacted without lawful authority and of no legal effect. 2. In this petition constitutional and consequent legality of Gram Sharker Ain, 200...... 3 but that is even worse, because it has got all the powers and functions of an administrative unit but without its obligations. It has got all the attributes of a local Government body but its such status is curtailed, as if purposely, by enacting sub-section 4 to section 3, to take it out of its ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....rted against. the petitioner vide annexure-D by passing final order within 2 months and as to why the said proceeding should not be declared to have been started without lawful authority and is of no legal effect and the subsequent Rule in Writ Petition No.4585 of 1997 was issued in the manner that ......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....‘7‑04 of First Court of Joint District Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. Opposite party No.1, Samir Bhuiyan as plaintiff on 21‑6‑03 made an elect......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....n of section 101 of Evidence Act. 22. Section 101 of the Evidence Act runs thus: "Section 101—Whoever desires any Court while the defence examined none to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that the f......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
.... the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the p......nction. He submits that by non-considering the said documents the appellate Court has therefore committed error of law. He contends that Section 42 nor Section 56K is exhaustive and limited to the status or property to any person and as such the suit is maintainable. He also submits that in view..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....tween the plaintiff and the defendant. This finding of fact with regard to marriage carried a valid presumption that a marriage in law under the Hindu system was solemnised upon observance of all the legal formalities including saptapadi and invocation before the sacred fire. I have myself perused t......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....to appoint a new Assistant Superintendent in the above vacant post of Doho Shuho Dakhil Madrasha (Annexure-E and F) should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights......The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights and i..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....xure-A, A(1), and A(2)] respectively issued by and on behalf of respondent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transm......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....he persons who stood liberated from the case. In Protest petition HR Khan, also, raised accusing fingers towards his own daughter Soheli Hoque alias Khuku. Protest petition (Narajee petition) faced a legal death. 11. Mahbubuddin along with Md. Belal faced trial before Metropolitan Additional Se......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ubmits that the learned Metropolitan Sessions Judge disallowed the petition for condonation of delay of 1010 days without proper consideration of the facts and circumstances of the case and that he illegally rejected the memo of appeal by his judgment and order dated 9‑10‑2001 without applying h......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....e Limitation Act for revision. There is a long practice being followed since the days of High Court Division that a revisional application is to be filed within the period of 90 days. But there is no legal bar to entertain, in the interest of justice, such revisional application even after the perio......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....s issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the responÂdent No.1 should not be declared to be withÂout lawful authority and of no legal effect. Further, Rule was issued upon the respondent No.2 to show cause as to why the case pro......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
....ing slogans harlots abuses against the Court or its judges, carrying
placards with writing directed against the judges, obstructing the Chief
justice or judges from attending the Court by putting illegal seize at the
entrance of the Court building and entering into the Court room of a judge
aski......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....etor in the prescribed form of registration application dated 5.9.2000, thereby, willfully attempting at deceiving the Registrar of Trade Marks. This, the Petitioner contends, goes to the root of the legality of the impugned registration that is in law now liable to be expunged. 9. Heard the le...... This Court finds no reason not to adopt the above definition of 'person aggrieved' given that such judicially prescribed wide connotation is found easily reconcilable to the Petitioner's status and interests in the present facts and circumstances. In this regard, this Court is convinced..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....eport, charges framed during trial, the evidence of witnesses as well as the impugn judgment and order. He further submits that the impugned judgment and order of conviction an sentence is ex facie illegal wrong, erroneous an bad in law as well as in fact. The learned Special Judge did not apply his......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
...............................Opposite Parties Judgment May 16, 2005. Result: The Rule is made absolute. When accused persons are "daredevils of the locality" The legal position is that neither the number of witnesses, nor the quantity of evidence is material. It......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....ffence with regard to the respondents in the instant case. There are total lack of materials against the respondents to implicate them in the murder case. The charge sheet submitted against them is illegal and the respondents cannot be harassed in such a murder case. It will be an abuse of the proce...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
.... 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the 'Kha' list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the list......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
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