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Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....le Judge ought to have held accordingly and proceed to decide the case on that basis. The principle of law enunciated in the reported decision referred to above is in consonance with the well-known legal principle embodied in the legal maxim Nullus commodum copere potest de injuria sua propria (Wh......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....s from the date of their knowledge. The High Court Division further held that the pre-emption proceeding was not barred by limitation and the judgment of the appellate Court was not suffered from any legal infirmity. 14. Upon over all security of the materials and the judgment and order of the Hi......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ..Category: Property Law | Date: | Hits: 84
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....No. স্থাসবি/উপ-১/প১/২০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn against the petitioner within 180 da......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....Engineering, BUET in favour of respondent Nos. 3 and 4, issued under the signature of respondent No.2 (Annexure F and G) should not be declared to have been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of stay for regularisation of appo......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....dgment and decree of dismissal of the suit preferred this appeal. 4. The learned Advocate appearing on behalf of the plaintiff-appellant at the very outset submits that the trial Court committed illegality in suo moto converting the money suit into Artha Rin Adalat Suit as the suit has been filed......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173...Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....Republic of Bangladesh, declaring vacant, the post of Panel Mayor-i, Mohammad Ismail of Teknaf Paurashava (Annexure-K) 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 deem fit and p......cant and empowered the financial power to the Panel Mayor No.2, respondent No.6. Being aggrieved by the impugned orders, petitioner filed this writ petition and obtained the present Rule and order of status quo. 7. Mr. Md. Idrisur Rahman, the learned Advocate appeared for the petitioner while Mr...Category: Others | Date: | Hits: 136
....Annexure-C) passed by the Respondent No.1 and being instructed signed by Respondent No.3, in breach of section 82BB(1), shall not be declared to have been issued without lawful authority and is of no legal effect.
2. The back ground leading to the issuance of the present Rule, in short, is that t......ration".
36. We have also gleaned from the entire gamut of argument pressed into service by the learned Advocate for the petitioner and the learned Attorney General and came to a decision that the status of sub-section 82BB(3) is independent and not at all circumvent by any inference that only by..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d Conditions) Act, 1975 was not complied with. On the other hand, several persons were given advance increments making them senior to previously appointed persons. They were arbitrary, unjustified, illegal and were done for unlawful gain. Some examples of such illegal appointment have been cited in ......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
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Category: Administrative Law | Date: | Hits: 371
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....emporary injunction passed on 7‑10‑95 by the Assistant Judge, Dhaka. 2. The petitioner Monwar Ali claims that he is a permanent Member of the Dhaka Club for the last 15 years and he has been illegally expelled from membership of the club by a letter dated 26.7.95. So he has filed the suit for......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
.... the Ordinance has published the final list of constituencies the contention of malafide and collateral purpose has got no leg to stand on. From the aforesaid discussion I find no infringement of any legal or constitutional right of the petitioner also. There is no merit in the writ petition. Acc......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... upon the accused Mollah for his appearance before this Court on 4.9.79. Other accused shall appear on that date." The said order dated 1.8.79 has been challenged by the accused petitioner as illegal. 3. The order of commitment to the Court of Session in the instant case was passed before t...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....er rule 2, Order 37 of the Code of Civil Procedure. 2. Hearing of the Rules was concluded on 12‑2‑96, but before the Judgment was signed, we considered it fit, in view of the importance of the legal implication involved, to hear both sides again and, at our request, Mr. Abdul Wadud Bhuiyan, l......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....tion of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 o......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
.... No one appears - For the Opposite Party Nos.2-3. Civil Revision No. 2166 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff petitioners calls in question the legality and propriety of the judgment and order dated 15-6-2005 passed by learned additional Distri......ns advanced by the learned Counsel for the petitioners. Thus the Rule having no merit fails. 13. In view of foregoing narrative the Rule is discharged. The orders of injunction dated 25-6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send..Category: Civil Law | Date: | Hits: 111
....nexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petition, in short, is that the petitioner is en......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
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Category: Business or Commercial Law | Date: | Hits: 656
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....fficer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not be declared to have been passed without lawful authority and of no legal effect. 2. On the date of issue of the Rule i.e. on 11th July, 1988, the petitioner had und......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....late Court below, but this being a question of law, can be raised here before this Court. This Court in exercising its power under section 115(1) of the C.P.C. can even suo motu interfere into an illegal order in the interest of justice and correct the same. This view finds support from the decisi......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
.... AKM Shamsul Karim, Assistant Attorney General—For the State. Criminal Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the petitioner has challenged the legality of the detention order of her husband M. A. Wahid and has prayed for his release. 2. I......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...Category: Criminal Law | Date: | Hits: 109
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....ferred to above we hold that the order passed by the Court exercising power as Special Tribunal on the record which was called for by the Court invoking the jurisdiction as Sessions Judge to be illegal and hence it cannot be sustained in law. 18. The learned Deputy Attorney-General by way of ...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
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