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Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ul manner and to show cause as to why the continued restraint of Fazlu alias Hafizur Rahman alias Happy in bar fetters should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..Category: Constitutional Law | Date: | Hits: 219
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....wara Begum both are co-sharer of the case holding by inheritance and no notice of transfer was served on her, the opposite party No. 1, Abdul Hakim is a stranger purchaser and hence the pre-emptor is legally entitled to preempt the transfer in question. The opposite party No.2 as pre-emptee opposite......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
....n No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been made and issued without lawful authority and of no legal effect.
2. Facts giving rise to the Rule are that, petitioner was born in the Bohmong Circl......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
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Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....fparties and the opposite parties pre-empties stated this fact in their written objection, but both the Courts below did not take proper cognizance in respect of this matter rather decided the case illegally. Mr. Mazumder also submits that the learned appellate Judge committed error of law apparent ......avit by swearing affidavit and annexing those with the counter affidavit this Court for ends of justice can taken into consideration these documents which is most vital point for determination of the status of the pre-emptor as owner of the contiguous plot of land of the case land. He prays that in ..Category: Property Law | Date: | Hits: 138
.... of the decree-holder-appellant submits that although the execution case was disposed of, furnishing a certificate of title in favour of the decree-holder but the decree-holder is entitled to further legal assistance under the ambit of Order XXI rule 98 read with Section 57 of the Act, effecting act......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
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Category: Civil Law | Date: | Hits: 208
....ot draw her salary for the month of March 1998 and onwards. There after she made a communication with the District Primary Education Officer on 1.8.1999 but with no result and ultimately she served a legal notice upon the defendants on 1.9.1999 requesting there for paying her salary but with no resu......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
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Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... rendered by learned Trial Judge were not founded on evidences and those rested on mere suppositions. 13. Out of Three Pre-emptees, only one Pre-emptee as Petitioner challenged the propriety and legality of decisions recorded by Appellate Judge in invoking this Court's Revisional Jurisdiction e...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....st conceded at the initial stage of hearing that the original 'Will' is an essential document for the purpose of granting probate, yet subsequently he has made submission that there are some specific legal provisions in the Act enabling the court to grant probate or 'Will' on the basis of copy or dr......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..Category: Property Law | Date: | Hits: 113
....ent No.2 and as communicated to the petitioner vide Memo No. 4P-/Shansgtha/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, inoperative and of no legal consequence. Facts giving rise to this Rule Nisi......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
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Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... to the parties on 30‑4‑1994 and the appellant appeared before the learned Subordinate Judge, Chittagong on 15‑5‑1994 and filed written objection on 20‑7‑1994 challenging the validity and legality of the award dated 27‑4‑1994 and 10‑3‑1994 on various grounds. In the meantime on 2...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....hool, communicated Vide Memo No.Sha-11/2(2)72001/599 dated 21.6.2003, issued under the signature of the respondent No.2 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. It is stated in the petition that the election of the managing committee of the......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..Category: Others | Date: | Hits: 181
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....sent in this case. 32. It further appears to us that the prosecution failed to examine most vital witnesses namely Sabuj in this case who was the bone of the contention between the parties. So the legal presumption would be had he been examined he would not have supported the prosecution case. ......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... to obtain some documents from the office of the Assistant Commissioner (Land) Savar; that the defendant Nos.1 to 3 used to come to the office of the plaintiff to take time; that the plaintiff served legal notice to the defendants and having received the notices the defendants, came at the office of......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
....pirit or alcohol in possession is unreal and baseless. It is also stated that the imposition of narcotics duty under the Narcotics Control Act cannot in any way be considered as unconstitutional or illegal for the reason that less duty is payable at the time of import of the rectified spirit or alco......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
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Category: Others | Date: | Hits: 341
....how cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect.
2. The following is the brief case of the petitioner. The petitioner is an establis......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
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Category: Civil Law | Date: | Hits: 178
....daughters, vendors of the petitioners, there was no occasion for the Government for enlisting the case property in the list of abandoned buildings and, as such, the impugned Gazette Notification is illegal, arbitrary and without lawful authority. Mr. Masood R Soblian further submitted that having re......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
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Category: Property Law | Date: | Hits: 116
....application under Article 102 of the Constitution the Judgment and order passed by the Labour Court, Khulna, in Complaint Case No. C‑57 of 1998 on 31‑7‑89 has been called in question as being illegal and without lawfull authority.
2. The petitioner of this writ petition Sultan Ahmed alias M...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
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Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....e representation before the Advisory Board. His second contention is that in the grounds one good ground has been mixed up with several indefinite grounds and this has rendered the entire detention illegal and on this point he has referred to the decision reported in 31 DLR (AD) 1 and 46 DLR 10......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..Category: Criminal Law | Date: | Hits: 127
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
.... was advanced to the plaintiff‑petitioner. Therefore, without a tripartite agreement among the plaintiff, defendant No.1 and the House Building Finance Corporation any transfer of the property is illegal, void and not binding and consequently, the power of attorney is also illegal and of no legal ......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....running several other public statutory bodies before the liberation of Bangladesh. The nationalised banks, in their structure and organisation, were conceived to be public statutory bodies. The legal character of these public statutory bodies, their structures, the methodology of their funct...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..Category: Others | Date: | Hits: 163
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