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Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....rofessor, Department of Civil 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 s...... Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Md. Alamgir …………………….Petitioner Vs. Vice Chancellor, BUET and others………. Respondents Judgment April 15, 2001. Lawyers Involved: Subrata Ch......ed 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 appointments of the respondent Nos. 3 and 4. 2. The facts of ..Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....aging Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, reported in 44 DLR (AD) 260. 5. As we have decided to send the case back on remand for fresh trial in accordance with law, we are not inclined to enter into the merit of this case as this may prejudice either side. ......…..Appellant Vs. AFM Emamul Huq………………Respondent Judgment January 7, 1998. Result: The appeal is allowed. Case Referred To- Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Involved: Khondker AM Mohs......such and it continued as a money suit till 26-11-90 and it further appears that on that date the learned Subordinate Judge abruptly converted the money suit into a suit under Artha Rin Adalat Ain and ordered for registering it as such and it was accordingly registered as Artha Rin Adalat Suit No.34/..Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
.... Government of the People’s 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...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Mohammad Ismail, son of Noor Aziz, elected Councilor of Ward No. 9 of Teknaf Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………â€......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 proper. 2. Short facts for disposal of t..Category: Others | Date: | Hits: 136
....‚ ২৫.০১.২০১০ (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 pre......msul Huda, an Income Tax Practitioner of 25, Haji Mohsin Road, Khulna, Bangladesh……………Petitioner
Vs.
National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is dis......ommissioner of Taxes shall receive such return himself or cause to be received by any other official authorized by him and issue a receipt of such return and the said receipt shall be deemed to be an order of assessment for the assessment year for which the return is filed."
6. He then points out..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....s 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 paragraph No.4 of the abov......obinda Chandra Tagore J. - I agree
This Case is also Reported in:
......dhury J. - The Rule under adjudication, issued on 13th July 2010 was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned judgment and order dated 22.8.2006 passed by a Division Bench of this Division in Writ Petition No.5125 of 2004 d..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....as such, the order of conviction and sentence passed by the learned Additional Sessions Judge is wholly misconceived and the order of conviction against these accused appellants is not sustainable in law. Mr. Huq further argued that no witness has deposed before the court stating in clear language t......s also Reported in: 48 DLR (HCD) (1996) 446. ......Islam Kazi and Shahjalal Khan have filed Criminal Appeal No.810 of 1994 while accused Abdur Rashid has preferred Criminal Appeal No.557 of 1994. Both the appeals are directed against the Judgment and order of conviction and sentence passed by the Additional Sessions Judge, Comilla in Sessions case N..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....and to comment which is needed. But in the present part of the litigation which is before me, I should not, so I refrain from doing so. At this stage, I am also restrained by the Settled principle of law to comment on the merits of the case of the parties that may prejudice other party at the time o...... 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 45 DLR 753; Secretary, Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 387. Lawyers Involve......For the Petitioner. Habibul Islam Bhuiyan, Advocate ‑ For the Opposite Party. Civil Revision No.426 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule calls in question the propriety of order dated 21.1.96 passed by the 6th Additional District and Sessions Judge, Dhaka in Misc. Appeal ..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
.... not an order within the meaning of section 6(2) of the Ordinance. Secondly, the impugned order has been made with malafide intention at the instance and dictate of the party in power and not for any lawful consideration. 4. The question of non‑compliance or non‑consideration of the objective......of constituency passed on 22‑5‑95 by the Election Commission delimiting the territorial constituency of Dhaka purporting to take away Harirampur Union from territorial constituency 184, Dhaka‑5 and including it within territorial constituency 190, Dhaka‑ 11. 2. The petitioner is a Chairma......s. Writ Petition No.1157 of 1995. Judgment A M Mahmudur Rahman J.- By this petition under Article 102 of the Constitution of the People's Republic of Bangladesh the petitioner challenges the order of the delimitation of constituency passed on 22‑5‑95 by the Election Commission delimitin..Category: Election Law | Date: | Hits: 271
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
.... this section is attracted only when the attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made a punishable offence under this special law. We, therefore, accept the submission of the learned Advocate for the appellants that the convic......ase is also Reported in: 48 DLR (HCD) (1996) 489. ......d including accused Badal alias Abdul Awal were placed on trial before Santrash Mulak Aparadh Daman Tribunal, Gazipur, in Santrash Daman Tribunal Case No.11 of 1993 and ultimately by the Judgment and order dated 24‑11‑93 twelve among them including said Badal were convicted under sections 2(2) (..Category: Criminal Law | Date: | Hits: 81
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....urchaser from some of the co-sharers who claimed to be in joint possesÂsion with the defendant. Their possession was not proved and as such the plaintiffs' case failed. Their Lordships laid down the law on the subject regarding the section 7 (vi-A) of the Court Fees Act and in doing so it was obser...... This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circumsÂtances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interÂference in revision. In the result the rule is discharged withÂout any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......posite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y. Siddiqi Vs. Bavaqar Co. Ltd., PLD 1968 (Karachi) 231; Ms......n from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous case was allowed by the trial Court. The appellate Court below set aside the Judgment and order 6f the trial Court and dismissed the miscellaneous case on the ground that since it was filed ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....l. If the prosecution thought it fit in the interest of justice, the Public Prosecutor with the approval of the appropriate authorities could have moved the learned Sessions Judge, in accordance with law making out a case that accused Molla had been improperly dischÂarged by the enquiring Magistrat...... Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing sumÂmons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7.6.77 a......ur Razaque Miah - For the State. Criminal Revision No. 429 of 1979. Judgment Mohammed Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing sumÂmons upo..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....0-10-93 of the petitioners 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 C.....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a......No.2195 of 1993 and Writ Petition No.2196 of 1993 Rules were issued by this Court on different dates in the month of December, 1993 calling upon the respondents to show cause as to why the impugned order of expulsion dated 20-10-93 of the petitioners as students of Chittagong Medical College pas..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
.... Division or the District Court has such jurisdiction to deal with such a suit. In this view of the matter, the petitioner has prayed that institution of the suits being contrary to the provisions of law, the suits should be transferred from the Court of the Subordinate Judge to that of the learned ......‘ For the Opposite Party. Abdul Wadud Bhuiyan, Advocate - Amicus Curiae. Civil Revision Nos.1007‑1009 of 1995. Judgment Md. Abdul Karim J.- Civil Revision Nos.1007 of 1995, 1008 of 1995 and 1009 of 1995 are directed against the orders dated 30‑8‑94 passed by the learned Subordinate......huiyan, Advocate - Amicus Curiae. Civil Revision Nos.1007‑1009 of 1995. Judgment Md. Abdul Karim J.- Civil Revision Nos.1007 of 1995, 1008 of 1995 and 1009 of 1995 are directed against the orders dated 30‑8‑94 passed by the learned Subordinate Judge, 1st Commercial Court, Dhaka, in Ti..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ith Section 5(2) of the Prevention 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 ......e Penal Code read with Section 5(2) of the Prevention 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 disposa......The petitioner filed application for bail before the learned Additional Chief Judicial Magistrate, Rangpur but those applications were rejected. The learned Additional Chief Judicial Magistrate by an order dated 10-6-2008 directed the Mithapukur Police to hand over the case records to the local Durn..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
.... be denied by an interlocutory order of injunction which would be inequitable. Therefore, the Court below after appreciating the materials on record by rejecting the application committed no error of law. So, we failed to discover any merit in the submissions advanced by the learned Counsel for the ...... This Case is also Reported in: 16 BLC (HCD) (2011) 51.......s.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 District Judge, Second Court, Dhaka, dismissing M..Category: Civil Law | Date: | Hits: 111
.... /4676(20) dated 18-6-2007 (Annexure-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 petiÂtion, in short......18-6-2007 (Annexure-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 petiÂtion, in short, is that the pet......ry affidavit be formed part of the main petition. At the instance of the petitioner Saint Martin Commodities Limited, this Rule Nisi was issued calling upon the respondent to show cause as to why the order in Nathi No.5 (20)59/ Agent/91 /4676(20) dated 18-6-2007 (Annexure-E) passed by the respondent..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....rents in the Tahsil Office and municipal taxes in the municipality which were accepted by the relevant offices without any objection. The learned Advocate also submitted that the trial Court erred in law in disbelieving the exhibits filed by the plaintiffs without any cogent reason though no objecti......is Case is also Reported in: 16 BLC (HCD) (2011) 37.......the time of delivery of the judgment, the learned Deputy Attorney-General raised the point of limitation, submitting that the plaintiffs did not filed the instant suit within 90 days from the date of order of the Revenue Officer under sub-section (3) of section 92 of the State Acquisition and Tenanc..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....e the General Certificate Officer (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, 1......is Rule Nisi was issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-87 pending before the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not ......e from December, 1986. But to its utter surÂprise it received a notice dated 15th June, 1986 purported to be under Article 35 of the Bangladesh Shilpa Bank Order, 1972 (hereinafter mentioned as 'BSB order') issued by the Bank to pay Tk. 1,01,92,480/- in three, instalments within 30th day of the sam..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....is Court and obtained the present Rule. 7. Mr. Hasan Foez Siddique, the learned AdvoÂcate appearing for the petitioners, firstly submits that the learned Subordinate Judge committed an erÂror of law resulting in a failure of justice in not holding that the Misc. Appeal No.11 of 1984 was not at ......vocate—For the OpÂposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal ......te—For the OpÂposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal No.1..Category: Procedural Law | Date: | Hits: 174
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