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Habib Khan Vs. State, 2012, 41 CLC (HCD)
....such matter the Court should avoid technicality. The High Court Division is empowered under 491 of the Code of Criminal Procedure, 1898 to set at liberty of the victim who is found to be detained illegally or improperly...................................(20) Cases Referred to- Khairunnessa V......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....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 this Court may seem fit and pro......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....t home to the accused……………………………..(35) Cardinal principles of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
.... (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, in brief, are: 3. The petition......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....ter on the basis of the law which is already dead . . . Claim of the Government or by the vested property authority that certain property is a vested property, without the necessary factual basis and legal foundation, has no validity in the eye of law…………………………..(10) Cases re......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
.....4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are that the petitioner was ap......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
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Category: Criminal Law | Date: | Hits: 143
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
.... statements of the appellants recorded by the Magistrate (P.W.9) were not true and voluntary, rather the same were extracted by putting them under torture by the police by keeping the appellants in illegal custody. 5) The appellants were minors and they were falsely implicated in the alleged murd......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....ed in section 81 of the Customs Act is mandatory in nature. Without following the mandatory provisions the respondents have made clear violation and without making final assessment, respondent No.3 illegally proceeded with for encashment of Bank Guarantee which was furnished at the time of provision......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... the Code of Civil Procedure ("the Code" for short) setting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, technically though, concerns nothing more than a question of legality of an order of restoration of a suit earlier decreed ex parte, fitness of things requires......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....d a cheque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. Thereafter on 27-2-2006 the plaintiff petitioner bank served a legal notice for making the payment within 7 days of receipt of this notice but even after receiving....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....1992 submitted representation and asked for settlement of the bill through Arbitration. Since the defendant opposite parties failed to start Arbitration proceedings, plaintiff-petitioner by issuing legal notice dated 1-4-1995 upon the opposite parties, appoint an Arbitrator under the Arbitration A......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....r any oral evidence was recorded nor any documents were admitted in evidence to lay foundation of his decision. So, the learned Advocate submits that the impugned Judgment and order is apparently illegal and arbitrary as the statutory provisions in proving the case have not been complied with. As ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....ass an order under the proviso of sub-section (4) of section 145 Cr.P.C. as the Magistrate had in fact stated that action must be taken "at once". He has further urged than the impugned order was illegal and without jurisdiction hence be set aside and the original proceeding drawn up by the Magist......ection 145 Cr.P.C. when law clearly stipulates that the purpose of a proceeding under section 145 Cr.P.C. is not to decide title between the parties in a dispute but to maintain peace and to maintain status quo till the parties found not in possession by the Magistrate in Criminal Court comes up w..Category: Criminal Law | Date: | Hits: 88
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....licy Officer at any stage of the proceeding before cognizance has been taken and trial has begun. In this view we are of considered opinion that learned Special Judge acted without jurisdiction and legal sanction in ordering further investigation of the case after conclusion of the evidence and ar......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....hittagong and (3) Superintendent, Chittagong Jail, Chittagong to show cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being, detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... 1996. Result: The petition is rejected. Article 102 of the Constitution can be invoked only where the petitioner's right has undisputedly accrued either under the Constitution or under any legal instrument and such right has not been given effect to. Any letter, which is not a legal instr......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....te - For the Petitioner. Imam Hasan, Advocate - For respondent No.2. Writ Petition No.3811 of 2006. Judgment Zinat Ara J.- In this writ petition, the petitioner called in question the legality of the order No.18 dated 20-4-2006 passed by the learned Judge of the Artha Rin Adalat No.4...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....here are reasonable grounds for believing that the person seeking bail has not been guilty of the non-bailable offence with which he is charged………………………………(11) There was no legal or moral compulsion to keep the accused in detention merely on the allegations that he has c......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ugned order contained in Memo No. Pro: Shaa:-2 83-2000/437 dated 18-8-2009 issued by Respondent No.3 (Annexure-13) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....y beating drum on 15-11-2003 asking the petitioner to vacate the land in question showing the same to be acquired in LA Case No.5 of 1972-73 within 7 days should not be declared to have been made illegally and without lawful authority and is of no legal effect. 4. In Writ Petition No.1973 of 20......mstances we do not find any substance in the Rules. 38. In the result, the Rules in Writ Petition Nos.3210 of 2001, 7012 of 2003, 1973 of 2005 and 4493 of 2005 are hereby discharged. The orders of status quo granted earlier are hereby recalled and vacated. 39. At this stage, the learned Advoca..Category: Property Law | Date: | Hits: 89
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