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Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and that thereafter the complainant on 12-4-2007 served a legal notice through his learned Advocate which was received by the accused petitioner on 17-4-2007 ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d by the Extra Assistant Commissioner of Taxes Circle-26, Taxes Zone-03, Chittagong attempting to re-open income tax case of the petitioner for the assessment year 2007-2008, should not be declared illegal, without lawful authority and is of no legal effect. In other petitions also the same notice h......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....titioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is that the petitioner at the......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....calling upon respondent No.1 to show cause, why the censorship certificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following language is contained in prayer ”A" ......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....he petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the respondent No.2, Sonali Bank, as p...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... situated in Banani area and, as such, this provision of section 5(1), clause(d) of the prevention of Corruption Act, 1947 attracted and it is very much triable by the Special Judge and there is no illegality in taking cognizance by the Divisional Special Judge in this case. But in respect of sectio......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....et aside to ensure justice. In course of his argument the learned Advocate for the petitioners placed before me the Judgments of the Courts below with short background of his case and pointed out the legal position of his case in the plaint that the owner of the suit property was one Thakur Das Shah......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....stered sale deed by in vain subsequently defendant No.1 informed the plaintiffs that he would not execute sale deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that find......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....1 for holding Paurashava election without preparing a fresh voter list excluding the Rohingyas, the citizen of Myanmar, should not be declared to have made without lawful authority and hence, of no legal effect and why the respondents should not be directed to prepare a fresh voter list excludin......may have their name included in the electoral roll in compliance of section 10 of the Act No.6 of 2009. With the above observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 6..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....ve. He accordingly, contends that story of recognition of the assailant (accused Abul Khair) by P.Ws.2‑6 was totally untraced and false. He contends that in above context learned trial Court had no legal evidence on the record to find both appellants guilty under sections 302 and 302/109 Penal Cod......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....leadings is, of course, subject to any valid objection on the point of limitation that may apply in the case but this amendment by itself does not cause any prejudice to the preemptors by putting any legal impediment in their defence. In the facts and circumstance of the case, I do not think that th......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....(ii) of the Constitution which provides that on the application of any person, the High Court Division may enquire whether a person holding of purporting to hold any public office is holding it under legal authority. The writ of quo warranto will issue where there is a clear violation of constitutio......he appointment of the respondent No.1 as a Judge of the Appellate Division is without any lawful authority by way of filing application in the nature of certiorari the petitioner cannot challenge the status of the Respondent No.1 who is not an usurper. In refuting the submission of the learned Couns..Category: Constitutional Law | Date: | Hits: 353
....that Court. The plaintiff has not obtained any licence and their status is not that of a financial institution as contemplated under the Artha Rin Adalat Ain and the trial Court committed wrong and illegality in not returning the plaint to the filing Advocate for presentation before the proper Court......alat Ain and as the present suit has been filed by the plaintiff which is not a financial institution the same cannot be maintained in that Court. The plaintiff has not obtained any licence and their status is not that of a financial institution as contemplated under the Artha Rin Adalat Ain and the..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....attached to them an artificial weight, and held that uninterrupted, uncontradicted and unexplained, they constituted proof from which a jury ought to infer prescriptive right, coeval with the time of legal memory. (Principles of Law of Evidence of Best (12th Edition 322). 16. The next question th......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....eople. He also states that Chetia has not been allowed any opportunity to seek political asylum as a politically persecuted person. He further states that under International Law, Bangladesh is under legal obligation to grant him refugee status. The petitioner wrote to the Hon’ble Home Minister fo......not been allowed any opportunity to seek political asylum as a politically persecuted person. He further states that under International Law, Bangladesh is under legal obligation to grant him refugee status. The petitioner wrote to the Hon’ble Home Minister for extending legal help to Chetia witho..Category: Constitutional Law | Date: | Hits: 421
.... the office of Government Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the pe......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
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Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....heard together and are being disposed of by one judgment. 2. Rules were issued calling upon the respondents to show cause as to why the Indemnity (Repeal) Act, 1996, should not be declared void, illegal, ultra vires the Constitution and are of no legal effect and as to why the Dhanmondi PS Case N......and conventional. Natural justice is law because it is right, while conventional justice is law because it is law.” 89. For this point of view the Indemnity Ordinance, 1975, attained a technical status of law because of ratification by the Constitution, (5th Amendment) Act, 1979, but being agai..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....ted in first information report. Since no such specific allegation has been disclosed, the criminal case against the accused-petitioners is not tenable in law. Secondly, the learned Advocate raises a legal point submitting that the informant Post Master of the Head Post Office, Gaibandha, had no law......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....5 rejecting the nomination paper filed by the petitioner and also the Memo dated 9‑1‑2003 declaring the pro forma respondent No.6 as uncontested Chairman, shall not be declared void and is of no legal effect. 2. The case of the petitioner, as made out in the writ petition, is that he is a ...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....n of proving that a particular sale is benami and the apparent purchaser is not the real owner, always rests on the person asserting it to be so. This burden has to be strictly discharged by adducing legal evidence, a definite character which would either directly prove the fact of benami or establi......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
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