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Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......agong in Other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif (now Assistant Judge), 1st Court, Chittagong in Title Suit No.112 of 1980 are hereby upheld. The order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Cour..Category: Administrative Law | Date: | Hits: 175
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....together as husband and wife the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubine, provided a legal marriage was possible between them. The presumption is always in favor of legitimacy………â......n by saying that the plaintiff No. 2 was born at his home while the other was in the womb when P.W.1 left his house and that he would accept whatever the verdict of the Court would give regarding the status of the children. He did not claim that he had no access or that he was impotent at the time w..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....ses out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injunction in a suit for declaraÂtion that auction sale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are retainable as khas Appeal against the orde......that relating to the suit tanks are set aside and the injunction prayed for with regard to the tanks is granted. 11. In the facts and circumstances of the case the parties are directed to maintain status-quo with regard to plot Nos.6, 7 and 8 of Mouza Darjipara on which temple, Asram the pathway ..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....an, Segunbagicha, Dhaka-1000 and others……..Respondent Judgment March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the face of the record, an order in the nature of certiorari would alw......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....ent contexts. When an accused is discharged pursuant to a final report that means that the accused has been discharged from custody under section 500 of the Code and not discharged from the case. The legal position is that a second prosecution is permissible if the order of discharge was not passed ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....f learned Assistant Judge, 3 Court, Naogaon praying for a declaration that the decision dated 29.9.2003 taken by the Governing Body, Nazirpur College hereinafter referred to as Governing Body to be illegal void, without Jurisdiction and the Governing body be permanently restrained from taking any ac......ppeal, dismissing the suit on setting aside those dated 10.10.2004 passed by the learned Senior Assistant Judge, 3rd Court, Naogaon in Other Class Suit No.155 of 2003 is hereby affirmed. The order of status quo granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....s also seized by Kotwali Police. 4. After seizure of the vehicle, the National Board of Revenue, in short, the Board issued a letter to the respondent No.2, the Commissioner requesting him to take legal action against irregular transfer of duty-free vehicle imported by some Ex-Members of the Parl......ch a person is elected by the people and functions undeterred by the commands or edicts of a governmental authority. The mere fact that an MLA gets allowance by way of honorarium does not convert his status into that of a 'public servant'." (Underlined by us) 45. In the case of Thiru V. Thanigach..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... Ain, 2002. Since the Criminal Miscellaneous Case No. 6956 of 2005 wherein trial of accused Solaiman alias Swapan has been stated is still pending in the Honorable High Court Division it would not be legal to send back the case to the Court of the Magistrate, 1st Class, Gazipur at this moment." With......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... Taka 48,40,359 C) Value of replacement of vital components, parts, spares, etc stolen (attached) Taka 71,46,097.20 D) Miscellaneous expenses, legal fees, charges, costs Taka 23,63,750 E) Banking (on L/C No. EBLG......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
.... towards improving the standard of shooting. All on a sudden on 15th February, 1998 the impugned order or Proggapan was issued by respondent No.1. It is stated that the aforesaid action was sudden, illegal, arbitrary, unilateral and without any show cause notice or proceeding or hearing of the petit......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....resh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendiganj Police Station should not be declared to have been made without lawful authority and to be of no legal effect. Pending hearing of the Rule the operation of the impugned order was also stayed by thi......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....out of judgment and decree dated 3-3-2005 passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No. 914 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Material facts leading to this Rule are that the respondent No.2. Agrani Bank as......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....lia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law full authority and is of no legal effect. 2. Facts relevant for the disposal of the Rule, in brief, are that the petitioners ......as made above, we are of the view that this writ petition is not maintainable and the Rule should be discharged. In the result, the Rule is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....spondent No.2 and as communicated to the petitioner vide Memo No. 4P/Shangtha/92/275(7)302 dated 17.6.1996 dismissing him from service-marked Annexure-A to the petition should not be declared to be illegal, arbitrary, void, inopÂerative and of no legal consequence. 2. Facts giving rise to this R......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....ive becomes a compelling force to commit a crime and, therefore, motive behind a crime is a relevant factor. Motive is something which prompts a person to form an opinion or intention to do certain illegal act or even a legal act with illegal means with a view to achieve that intention. Motive, thus......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....Sessions Judge by his order dated 31-07-2000 allowed the Criminal Motion and set-aside the Judgment and orÂder of the Metropolitan Magistrate without considÂering the argument of the petitioner and legal aspect and his jurisdiction in consider the revisional case. 8. Being aggrieved by the impu......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....n afÂfidavit on 10.7.79, the very day when the petition of complaint was filed, with his photograph, wherein he described that he is the son of late Ram Kumar Barman @ Ananda Lal Barman and he being legal owner executed the deed of sale Ext.1. This Rai Charan Barman was alive when the criminal case...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....r the PetiÂtioner. A.K.M. Shamsul Karim, Assistant Attorney General—For the State. Criminal Miscellaneous Case No.141 of 1989. Judgment Latifur Rahman J. - In this Rule the legalÂity of the detention of the detenu Md. Bashirul Haque has been challenged by his father A.K.M...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....…………………(33) There is no requirement to interfere with concurrent finding of facts arrived at by the subordinate Courts. If any concurrent finding is not tainted with perversity or illegally the same cannot be interfered with……………………(33) Cases Referred to- Hoss......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
....heir purchased land and SA Khatian No. 152 in respect of land of SA Plot No. 143 and 144 was finally prepared, Annexure E. Then, Abdul Khaleque Khan died leaving the petitioners as his only heirs and legal representatives.
7. The petitioners got approval of the plan and design from the then Dhaka...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
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Category: Property Law | Date: | Hits: 120
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