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Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....n the respondents to show cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the petitioner was appointed and a......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....ary Provision) Ordinance, 1985 at serial No.49 in the Bangladesh Gazette, Extra copy, published on September 23rd, 1986 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts are, in brief, that the land at plot No.4, SE(C) Road No.138, Gulshan ......g a notice upon a Bangladeshi national under the provisions of Abandoned Building Ordinance, 1985 on a wrong address without his knowledge and making no attempt to take possession or to ascertain the status of the property for a long time cast doubt as to the bonafide of the respondents' intention t..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
.... "A person abets the doing of a thing, who instigates any person to do that thing; or, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing;......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....ll as Bangladesh Form No. 2211 as amended upto date nor does he fit in the description of person/ persons to be appointed as an Arbitrator, the award made by Mr. Justice Sultan Hossain Khan is illegal and without jurisdiction and the learned Subordinate Judge ought to have, under section 17 of ......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
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Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
.... led the petitioner to file a revisional application before the National Board of Revenue under section 44 of VAT Act, 1991 read with section196 of the Customs Act, 1969 stating that the demand was illegally made. The revision IM petition was rejected by an order dated 27.8.94 by the Additional Secr......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......tan Magistrate, Dhaka under section 154 of the Code of Criminal Procedure in respect of the disputed property and by order dated 27‑4‑93 learned Magistrate directed OC Cantonment PS to maintain status‑quo in respect of the disputed land in the meantime. Thereafter by order dated 13‑5‑19..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....o Black's Law Dictionary Fifth Edition, "body corporate" means a "public or public corporation." On the other hand, according to the said Law Dictionary "Corporation" means “An artificial person or legal entity created by or under the authority of the laws of a State or nation composed, in some ra......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....olated by the learned Sessions Judge by not issuing notice to the accused before passing the order in question and thereby denying them an opportunity to be heard. Further, as the impugned order is illegal all subsequent orders are vitiated by this illegality. (2) that the accused having been mad......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....a facie found by the court of law in the earlier suit, the said tenant became defaulter then the plaintiffs petitioners filed the instant suit for his ejectment but the said defendant having died his legal heirs that is, the present defendants opposite parties, contested the instant suit and the lea......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....e corrected subsequently. He submits that since the order dated 8.12.93 took effect from that date and it was challenged before this Court, at this stage such a corrected notification is absolutely illegal. He further submits that it was not clear from the notification as to 'who, 'how and under wha......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....stice. The last submission of the learned Advocate was that the court of appeal below without formal proof admitted the affidavit of divorce and marked it as Ext. A at the appellate Court which was illegal and the same (Ext. A) being an inadmissible evidence has vitiated the judgment of the court of......ns of law is not exhaustive. The word maintenance includes food, clothing and lodging. The word also includes other necessary expenses for mental and physical well‑being of a minor according to his status in the society. Educational expenses may be included in the definition. A father is bound to ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ant opposite party's right, title from the suit land. 13. It appears that the learned trial Court have discussed the facts of the case more elaborately with reference to the evidence and the legal presumption and came to the finding that both the brothers took settlement and both of them pa......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
....V) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit and prope...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
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Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....of the Sub‑continent including the Privy Council. In the case of Radha Kissen Chamria and others Vs. Durga Prasad Chamria, AIR 1940 PC 167, it has been held that "As the analogy only arises by legal fiction, it must be limited to the purposes enacted by the context and cannot be given larger ......Court under the special Act is not a civil Court established under the Civil Court Act, 1887, having jurisdiction of general nature". 5. The Appellate Division have finally decided 6C legal status of the Artha Rin Adalat in the case of Md. Zahirul Islam Vs. National Bank Ltd. & others ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....nion Parishad, PS-Hajiganj, District Chandpur under section 65(f) of the Local Government (Union Parishads) Ordinance, 1983, shortly the Ordinance, was passed without lawful authority and to be of no legal effect. 2. The writ petitioner-respondent No. 1 contended that while functioning as the e......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....f that will was not then completed plaintiff could not acquire title to the property. The amendment was allowed as it was necessary for determining the real question between the parties, that is, the legal effect of the plaintiff s purchase from Sarjubala. 9. In case of alteration or amendment ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....aid Rule arises. 3. Mr. AS Md. Ramjan Khan, the learned Advocate appearing for the petitioner, submits, inter alia, that the detention of the detenu Asadur Rahman @ Nabi Hossain is wholly bad, illegal and improper and the same has been made for collateral purposes only. The learned Advocate fur......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
.... filed by the 1st party‑opposite party before the learned Magistrate did not constitute a case to be entertained under section 147 CrPC. He further submitted that the learned Sessions Judge acted illegally in refusing to make a reference under section 438 of the Code of Criminal Procedure to this ......econd party‑petitioner and there is likelihood of breach of peace over the same. The learned Magistrate after receipt of the said application by order dated 31.1.91 directed the parties to maintain status quo and called for enquiry report from Assistant Commissioner (Land) and subsequently by orde..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....d suit claiming themselves as representatives of the local area for a declaration that the no objection certificate granted by the Deputy Commissioner, Khulna, for construction of a cinema hall was illegal and without jurisdiction and for permanent injunction that the defendant No. 1 should be restr...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....y order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Case No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as to this court may deem fit and ...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
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