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Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....ic Relief Act is a bar in granting the relief as sought in the suit. In the case of Mehem Hossain and others Vs. Nazrul Islam and others, reported in 46 DLR 86 it has been held that mother is not the legal guardian of the immovable property of a minor children though she may be in charge of the same......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
...., that motorcycle was seized by the GD entry No.182 dated 07.11.1993 at Dhamoirhat police station as the stolen motorcycle of Akkelpur police station case No.2(6) 1991 that the seized Motor Cycle was legally delivered to the owner accused Abu Zafor Sidddiky by the concerned Magistrate as per the pro......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... of respondent No.2 cancelling the Monthly Payment Order (shortly, MPO) of the college of the petitioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....tly striked the standing Rangpur Bus No.JA-63 whereby the passengers sitting on the roof of Rangpur bus to fell on the ground and ran over by the wheel and died on the spot. These allegations have no legal value unless the allegations are substantiated by the reliable and convincing evidence. 30.......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....ered the matter and refused to strike off the name of the petitioner. The learned judges of the High Court Division also correctly refused to interfere with this interlocutory matter as there is no illegality in passing those orders". 6. The High Court Division accordingly made the Rule absolu......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....the respondent No.2 was hostile to him and both of them kept the petitioner under suspension and when he issued notice demanding justice for filing writ petition No.285 of 1989 challenging impugned illegal order of suspension the respondent Nos.1 and 2 in post haste framed frivolous charges against ......d not constitute misconduct; that another enquiry against the said fresh charges was held by Mr. Sultan Ahmed, a Joint Secretary of the Ministry, junior in rank to the petitioner who was enjoying the status of Joint Scream from long before, in violation of the Rules; that on 19.8.89 respondent No.2 ..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... asked to show why clause (Ga) of the order dated 21-4-98 issued by respondent Nos.2 and 5 (Annexure-G) should not be declared to be void and to have been issued without lawful authority and is of no legal effect. In Writ Petition No.2241 of 1999 the impugned order Annexure-H which was issued on the...... Muktijuddha Sangsad, Bagerhat in violation of the provisions of Annexure-G as no tender was called for leasing the said Canal Toll Station. 18. Mr. Abdul Wadud Bhuiyan also questioned the special status of respondent No.7 the Bangladesh Muktijuddha Sangsad as, according to him, our Constitution ..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....nnexure-O and O(1). Accordingly, the Ministry of Commerce, respondent No.5, sent a Memo on 29-5-95 to the Hon’ble Prime Minister recommending for abolition of the 23 posts while confirming that the legal requirement for abolition of these posts as laid down in BCS (Trade) Cadres Organogram and Cad...... in the Trade Cadre were made surplus, then they could be absorbed in the Tax or Customs & Excise Cadres. Therefore, the letter added that when the Ministry of Establishment announces the surplus status of the said 9 officers then the necessary steps could be taken for their absorption in the Ta..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....ouse (Import) Chittagong and the respondent No.5 is the Deputy Commissioner of Customs, Member, Licensing Board, Customs House, Chittagong. The petitioner is aggrieved by the impugned arbitrary and illegal order bearing order No.S12-98/Shipping/Li:/2008/1473(01)-Cus dated 20.10.2008, issued by the r......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..Category: Administrative Law | Date: | Hits: 318
....al of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and dispose of the said appeal.......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
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Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
....quent Memo dated 21‑5‑1991 (Annexure‑H) and Memo dated 28‑7‑1991 (Annexure‑J) passed by the respondent No.5 should not be declared to have been made without any lawful authority and of no legal effect. Rule in Writ Petition No.2435 of 1992 was issued at the instance of the petitioner M/s...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..Category: Others | Date: | Hits: 146
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....of Exception I to section 28 of the Contract Act, which keeps arbitration outside the ambit of ordinary tribunals. Mr. Chowdhury further submits that learned Arbitration and Subordinate Judge acted illegally in failing to consider that clause 14 of the agreement clearly provides that the arbitration......f clause 14 and clause 23 of the agreement conferring jurisdiction on the English Court in the matter of arbitration 28‑2‑94 the learned Subordinate Judge directed the British Airways to maintain status quo in the matter. It was followed by an appeal to the learned District Judge against the ord..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....tertain the same. 6. Mr. Moazzem Hossain, the learned Deputy Attorney General has appeared on behalf of the state. He submits that the order passed by the learned Sessions Judge was not proper and legal one. According to him the learned Sessions Judge ought to have accepted the Narazi application......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401...Category: Procedural Law | Date: | Hits: 100
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
.... discovery of some documents from the plaintiffs, but no papers were filed on the plea that the relevant papers were lying with Registrar, Joint Stock Companies. It is submitted that apart from the illegality of the impugned order the plaintiffs failed to make out prima facie case for any restrainin......No.1 as the Managing Director. From this it is submiÂtted that as possession of plaintiffs 1 and 2 are admitted they are entitled to hold on there and the defendants are to be directed to mainÂtain status quo in the suit properties. It is furÂther contended that the petitioners instead of rushing..Category: Civil Law | Date: | Hits: 147
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ecree Plaintiff Sreemati Hari Rani Basak as Petitioner approached this Court in Civil Revision Petition. 12. Sreemati Hari Rani Basak having breathed her last during pendency of Civil Revision her legal heirs had been substituted as Petitioner Nos.1(1)-1(10). Sreemati Hari Rani Basak shall be ref......ested Property Authority upon Dulal Chandra Basak to surrender possession of suit property and in default he was to be evicted is absolutely illegal, void and without Jurisdiction. 75. What is the status of Fourth-Twelfth-Defendants opposite parties is now the question which demands response. ..Category: Procedural Law | Date: | Hits: 108
....n No.1039 of 1991 (Dhaka).
Judgment
Zakir Ahmed J.- This Rule arises out of an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of adjudications made by the Assistant Collector of Customs and Excise, Jessore; Collector ......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
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Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....ction 95(a) of the State Acquisition and Tenancy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortgage to the transaction, is not legally available. 4. The only question of law involved is whether the transaction namely, transf......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....dditional Sessions Judge ultimately took cognizance against the petitioner and strait away framed a charge against him. The quesÂtion for consideration is whether the Additional Sessions Judge could legally and properly take cognizance against the accused petitioner in the facts and circumstances o......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....e order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect that the petitioner was and cont......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..Category: Employment/Service Law | Date: | Hits: 165
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
....e basis of the material evidence on record and came to a conclusion that the suit property could not be treated as an abandoned property in view of the fact that after independence of Bangladesh, the legal heirs of the original lessee were living in this country. 10. The learned Deputy Attorneyâ€...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..Category: Property Law | Date: | Hits: 157
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