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....y the Deputy Collector was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. Then, the petitioner was constrained to obtain the above Rule after sending legal notice demanding justice.
12. Mr. Abu Khaled Ahmed, today filed a fresh power and also a su......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
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Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....Case The cause of action of a Criminal Case should be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of justice should not be i......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..Category: Criminal Law | Date: | Hits: 103
.... by the learned Chairman of Second Labour Court, Chittagong (respondent No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be put thus:- First party -Respond...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
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Category: Labour and Industrial Law | Date: | Hits: 190
.... impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nomination paper should not be declared to have been made without any lawful authority and of no legal effect.
2. Rule in Writ Petition No.2123 of 1994 was issued at the instance of the self‑s......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
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Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
.... of the Penal Code read with the Special Powers Act and sentenced each of them to suffer rigorous imprisonment for seven years. Against the said order of conviction and sentence which is said to be illegal and merely based on suspicion, conjecture and surmise the accused petitioners filed Writ Petit......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....In dealing with circumstantial evidence, rules specially applicable to such evidence must be borne in mind. In such cases there is always the danger that conjecture or suspicion may take the place of legal proof. In such cases, the Court must guard against the danger of allowing conjecture or suspic......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... Case can be started when the proceeding in LA Case has been abated. If it is necessary for the purpose of the project to acquire further land, the Government is not precluded to do so, observing all legal formalities…………………(29) Cases Referred to- M/s Neyvely Lignite Corpn Vs. Sp......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......o Taka 600/- from 2004/- by the impugned memo dated 28.10.2003 of the Ministry of Liberation War Affairs.
3. It is further contended that some other freedom fighters with 5% disability having same status of the petitioners were getting honorarium at the rate of Taka 2004/-, which was suddenly sto..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ent an order dated 1-8-2007 by allowing the said criminal Revision and setting aside the impugned order dated 17-5-2006 passed by the Court below and further directed that the Court below should take legal steps if he receives any protest petition (naraji petition) filed within 30 (thirty) days of r...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
....ed publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitioner, a Private ...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
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Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... i.e. Respondent No.7 so far as it relates to the writ petition (as contained in Annexure-1 to the writ petition) shall not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the petitioner is a regula......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the petitioner is a privat......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....urt, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warrant of arrest (Annexure C to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 22-4-2004 the respondent No. 3, Son......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
....ir judicial minds in the facts and circumstances of the case and material evidence on record and arrived at the concurrent findings on all material points and their decisions do not suffer from any illegality or legal infirmity so as to justify interference by this court exercising revisional power ...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
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Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ned cogent and reasonable ground and the finding of the trial Court should have been reversed with reference to the evidence on record but the learned District Judge, Brahmanbaria committed a gross illegality in not referring the finding of the trial Court particularly with regard to the law point w......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
.... officio. 20. Having given my anxious consideration to the materials on record and hearing the learned Advocate for the preemptor petitioner I hold that the learned Subordinate Judge committed illegality passing the impugned order dated 30.08.2001 on the basis of an application under section 15......e preemption case only keeping confined their contest stating, inter alia, that Taiman Bewa died before 1961 and thereby the preemptor by the kabala dated 18.10.1977 from Momena did not acquire the status of a co-sharer; that the preemptor in their written objection admitted the fact that CS rec..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....36) for breaking purpose and the subsequent attempted entry of the said vessel into territorial waters of Bangladesh should not be declared to have been issued without lawful authority and is of no legal effect. The respondents were further asked to show cause as to why they should not be directed......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....s the impugned Judgment and then submits that the appellants are innocent and they have been falsely implicated in the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so-called uncorroborated extra......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....how cause as to why the decision dated 21.5.2007 given by respondent No.5 without following any procedure (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect and as to why respondents should not be directed not to grab the land of the petitioner......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....r the petitioner. Rafiqul Islam Mehedi, Advocate - For the-opposite party. Civil Revision No.2690 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 25-05-2004 passed by the learned District Ju...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
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