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....le, awoke the detenu-petitioner in the early hours and served a notice dated 23.3.92 asking him to show cause by 10-00 AM on the same day as to why he should not be deported from Bangladesh and other legal actions should not be taken against him. The detenu-petitioner submitted a reply asserting tha...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
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Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....lusion of the investigation, submitted charge‑sheet as against these appellants and some others under sections 3021 201/ 114/34 of the Penal Code. On receipt of the charge‑sheet and observing all legal formalities, the learned Upazila Magistrate was pleased to send the case records to the Court ...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....of abandoned properties and publication thereof in the Official Gazette in respect of which notices under Article 7(3) of the President's Order No.16 of 1972 have not been issued will be per se illegal and then the issues whether such properties are abandoned properties or whether the claimants ......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....ser of the suit land by the plaintiffs beyond the statutory period of limitation to the knowledge of the original owners. Khatian Ext. A is found to be erroneous and kabala Ext. C is found to have no legal effect As the plaintiffs have clear title and possession in the suit land the suit is found to......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....re the ends of justice. If the criminal proceedings in a particular case is in respect of an offence alleged to have been committed by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceedings the High Court would be jus...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.... the Parliament. The petitioner was released from the detention by order of the High Court Division. He was also enlarged on bail in a specific case. After coming out of the prison he returned to his legal practice and appeared in different Courts. The petitioner was to argue a case on 5.8.91 but he......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....74 as at Annexure‑B so far as it produced the effect of paying different amounts of pension to the pensioners retiring from the same post should be declared to be without lawful authority and of no legal effect with a further prayer to expunge the expression "in respect of the pensioners reti......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
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Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... equally competent without sending the petitioner before the Family Court or under the Guardians and Words Act--While dealing with matters referable to the custody of a child, whether the established legal position is that the welfare of the child is of prime Consideration. The provisions of Ar...... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ed by the Court in view of the provision made in Chapter XII of the Legal Remembrancer Manual, 1960 to the effect that every person charged with committing an offence punishable with death shall have legal assistance at his trial and the Court should provide an advocate to plead for the defence unle......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....ther only one who is affected by an order or a resolution has a right to be heard—Only one who is affected by the order or the resolution has a right to be heard and no one else. When some legal rights have arisen in favour of a certain person as a result of particular order; those rights......t that there was an application for drawing proceedings of contempt for violation of the High Court Division passed on 15.8.85 directing the parties of Civil Revision Case No. 521 of 1985 to maintain status quo. In the judgment passed on 3.12.86 in Civil Order No. 198 of 1986 disposing of the contem..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....vate commercial Bank the sovereign state power to impound a passport, to which passport and travel document a citizen has a constitutionally guaranteed right, need not be exercised as that would be illegal being an act done traveling beyond the power and acting by arrogating to the government functi......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ead with Ordinance No.54 of 1985. So the Court dismissed the application for non‑prosecution, although it had framed an issue and decided the issue without going into merit. This, in our view, is illegal and in so deciding the Court of Settlement acted beyond lawful authority. The judgment in......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....d sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evidenced by Annexure E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on trial along with 22 others for of......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
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Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....Society at Dhaka. He is also a director of Bangladesh Commerce and Investment Ltd. the operation of which has been suspended by the order of the Bangladesh Bank with effect from 28.4.92 for alleged illegality committed by the same Investment Corporation in violation of the Banking Company Act and th......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....tioner and other allottees made representations to the Ministry of Works and other authorities stating that the allotment of plot in respect of vacant space as in the master plan is unjustified and illegal and further requested the authority not to allot any plot, but to no result.
4. It has be......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
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Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....nts but no partition Look place. Hence, this suit for partition. 3. The defendant No.2 contested the suit by filing a written statement. His case is that the plaintiff and the defendants are the legal heirs of Dr. Muhammad Shahidullah and his wife Mrs. Marguba Khatoon. But that the properties h......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....gistrar, Dhaka to show cause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the permanent posts of Muharrars shall not be declared illegal, void and without lawful authority.
2. The petitioner No.1 was enlisted as a Copyist, oth......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
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Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....impugned orders dated 9.7.89 passed by respondent No. 1 the Secretary, Ministry of Defence retiring/removing the two petitioners from service have been made without any lawful authority and are of no legal effect and the respondents should be directed to reinstate the petitioners in service with all......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....e of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement, must be lawful in nature and hence enforceable in law. An agreement which is illegal by itself cannot be enforced and as it cannot be enforced it cannot also be the basis of a con......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....the petitioner by breaking the lock and taking away the goods lying inside the house (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahman Talukder, is that he is a bonaf......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
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