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Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
.... No.2 and two other persons for permanent injunction. Defendant No.2 was found by the Court to have life estate in the land sold and accordingly was adjudged not competent to sell the same except for legal necessity. Notwithstanding the verdict of the Court to the contrary defendant No.2 kept her......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....the case. So the grounds urged and contentions advanced by learned Counsel for petitioner are not the correct exposition of law. Therefore, I am unable to accept his submissions. On the contrary, the legal pleas taken by learned Counsel for opposite party prevails and appears to have a good deal of ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....angpur for declaration that the letter dated 30-10-1993 signed by the defendant No.1 dismissing him from service i.e. the post of Office Assistant of Mudamudan High School (shortly, the School) was illegal with a further declaration that he was still in service on the averments, inter alia, that he ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....rder dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Court, Khulna should be declared to have been passed without any lawful authority and to be of no legal effect. 1. Since these two rules were issued against the same decision passed by the Labour......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....pondent Nos. 4-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list should not be declared to have been issued without lawful authority and is of no legal effect. 2. Case of the petitioner is, that he was appointed Law Officer by the respondent N......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....ndation, then the matter will be submitted to the Prime Minister through the Establishment Division. But the respondent No.2 violating the said Rule did not consult the Commission and thereby acted illegally. 8. On 9-11-96 the petitioner made a written representation to the Prime Minister stating...... expressed the following opinion: (a) a cadre once chosen cannot be changed. Therefore, Gazi Jasimuddin, the petitioner cannot now be appointed to any other cadre other than the police cadre, (b) the status and duties of all the BCS cadres are the same, therefore, if a candidate is qualified to be s..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
.... under threat or coercion. We feel, therefore, that prudence demands that when children are taken to record their confessional statements, they must be accompanied by a parent, guardian, custodian or legal represenÂtative. Our Constitution in Article 35(4) gives the citizen the right to remain sile......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..Category: Criminal Law | Date: | Hits: 98
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
.... Assistant Sessions Judge deemed to be an Additional Sessions Judge may also exercise the revisional powers. In Biswas's Encyclopaedic Law Dictionary, the word "deemed" has been given the folÂlowing legal meaning:-"Deem." The word "deemed" is used a great deal in modern legislation. Sometimes, it i......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..Category: Procedural Law | Date: | Hits: 116
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....list to which he stood as a witness. He exhibited the seizure list as Ext.3 and his signature therein as Ext.3/1. Later on he came to learn from the newspaper that accused Nazma Sarker @ Beauty had illegal love affairs with Kamal for which she killed Hanif Sarker which accused Nazma Sarker @ Beauty ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ite and unambiguous representation made by his adversary and that the opposite party has altered position in pursuance thereof. Even a mere gratuitous indulgence shown to a party in not enforcing its legal right for the time being cannot constitute estoppel or waiver. Only when the pre‑emptor is f......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....hat the Judgment and decree of the lower appellate Court is correct which calls for no interference by this Court. 8. Now the point for the determination is whether the Court below committed any illegality and material irregularity in passing their respective decision which are occasioning any fa......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... Nadira Rahman having learnt the allegation against her filed a written objection before the Administrator of Wakfs denying all the allegations as manifestly false and concocted claiming that she was legally and properly appointed as Mutwalli of the said Estate by the Wakf Administrator on the writt......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
....n officer to that effect, yet the instant proceeding was started which, according to the accused, was entirely without jurisdiction as the offence complained of neither comes within the mischief of illegal gratification nor under any of the provisions of Martial Law Regulation No.11. The Court took ...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
..
Category: Criminal Law | Date: | Hits: 84
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....using to refund the amount of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition are that, the petitioner's compan......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....t of first instance, to frame issues on the basis of averments made in the pleadings of the parties, discuss the oral and documentary evidence thoroughly and substantially in order to decide the case legally. In this case, the trial Court, though framed some issues but failed to discuss the oral and......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....affection or attachment for her, that would not in any way affect the liability of the father to maintain the children. If the father objects to the custody of the children and want to assert his own legal right, the proper course for the father would be to apply for his custody, but so long as the ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....¨à§¦à§¦à§¦/৩৪à§dated 31-10-2006 issued by the respondent No.4 refusing to allocate and fix a separate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby disÂcharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....l. 9. Learned Deputy Attorney-General for the State, submits that the P.W.1 and P.W.2 have proved the case of recovery arms and ammunition from the possession of the convicts and that, there is no legal bar to sustain the conviction based on the evidence of the police personnel. 10. In the fac......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....roper, should not be passed. 2. Shortly stated the relevant facts necessary for disposal of the Rule Nisi are as follows:- Petitioner No.1 Bangladesh Legal Aid and SerÂvices Trust (BLAST) is a legal aid and human rights organization committed to protecting and promoting human and fundamental ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....ent chemical, machineries, labels etc. from India for the purpose of preparation of adulterate hair oil and Cosmetics. We find that the conviction and sentence against the appellants are not based on legal evidence and as such the same cannot be sustained in the eye of law. 25. Having considered ......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ..Category: Criminal Law | Date: | Hits: 71
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