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Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....davit denying the truth of the resolution said to have been taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not legal and that the meeting so convened for taking final decision on the alleged resolution of the co...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....d in their absence and the learned Additional Sessions Judge and Special Tribunal No. 1 convicted the accused appellants along with 2 others as aforesaid. He submits that the Special Tribunal acted illegally in convicting and sentencing the appellants, inasmuch as the conviction has been based on th......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....re, in the instant suit, according to Mr Khan, the plaintiff could not exhaust onus in proving his case and, as such, according to him, the High Court Division inasmuch as the trial Court committed illegality in decreeing the suit of the plaintiff although he could not prove his claim. It is observe......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....n. 5. Mr. MI Farooqui, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division miserably failed to understand the legal position of an obligation under the contract of agency which is subsisting and there is also r......also recurrence of violation from day to day, and in that view of the matter, the damages cannot be "equally efficacious" relief, as the decree for; damages cannot restore the petitioner to status quo ante and prevent recurrence of violation of the terms of agency. The learned Judges of th..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....irojpur, in Title Suit No. 29 of 1985 dismissing the suit wherein declaration was sought to the effect that the order dated February 5, 1985 of the Land Appeal Board in Appeal Case No. 98 of 1984 illegal, void and not binding on the plaintiff. 2. Facts in the background of which the su...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....000 issued under section 3 of the Acquisition and Requisition of Immovable Property Ordinance 1982, hereinafter referred to as the Ordinance, to have been issued without lawful authority and is of no legal effect. 3. The impugned notice was issued proposing requisition and acquisition of more......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....stice shall be applied unless it is specifically barred. But where service rule provides for show cause notice with reasonable opportunity for defence penalty imposed in violation of the same is illegal……………………….(5) ......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....n of the husband to Islam. There she prayed for the declaration of her right to the property of her late husband. In the plaint of the present suit the appellant has prayed for the declaration of her legal character and status as to the sole heir to the Estate left by her late husband who is the sam......Islam. There she prayed for the declaration of her right to the property of her late husband. In the plaint of the present suit the appellant has prayed for the declaration of her legal character and status as to the sole heir to the Estate left by her late husband who is the same person. If she obt..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation or undue influence etc has no legal effect and the Court or the Tribunal does not become functus officio with the passing of the......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....1933. Since no was obtained from Ministry of Post and Telecommunications and no apparatus was imported by the ETV Ltd. after obtaining licence and clearance from that Ministry, the licence is illegal. The petitioners further claimed that under the co-site agreement signed between BTV and ETV L......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....ght for or to grant any other general or other relief that may be thought fit and proper. In the instant case allowing reference to arbitration under section 10 of the Arbitration Act, 2001 is not illegal………………………………(12 & 13) Case Referred to- Kedar Lal vs Hari ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....d Advocate for the accused appellants, submits that the framing of charge by the Special Tribunal without complying with the provisions of sections 87 and 88 of the Code of Criminal Procedure is illegal and, as such, the impugned order of framing of charge against the accused appellants is liabl......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Advisory Board on 15-5-2002 illegal as the case records of the detenu or the detenu as the case may be was not placed/produced bef......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16) Lawyers Involved: AKM Nazrul Islam, Senior Adv......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
.... of Dr. Islam vs. Government of Bangladesh, 33 DLR (AD) 201. In the aforesaid premises, we are of the view that the High Court Division has considered the case of the petitioners quite legally and rightly discharged the Rules. We therefore, find no legal infirmity in the impugne......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....p, the petitioner also filed a case under section 138 of the Negotiable Instruments Act, before the Chief Metropolitan Magistrate, Dhaka. It is also stated that since the petitioner had already taken legal action for recovery of the alleged debt in another forum, this petition under the Companies Ac...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was legally married to the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai. He d......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
.... dated 24‑12‑1987 and Memo No. Sec. AP14/Dhan-7/87/21 dated 17‑1‑1988 (Annexure B and E respectively to the writ petition) to have been made without lawful authority and of no legal effect. 2. Respondent No. 1 filed the writ petition impugning the said notices st......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89