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Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... The learned Advocate firstly taken us through the so called sanction for lodging the FIR (Annexure-L) to the petitioner. On plain reading it appears that it is not a Sanction at all in true sense of law. This is nothing but a request letter which is an follows:- “দুর্নীতি দ..Category: Criminal Law | Date: | Hits: 156
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to implement the provisi..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......erating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more par..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....in 1978 by a Martial Law Administrator. 7. The respondent Nos.5 and 6 by filing separate affidavits‑in‑opposition contended on similar terms stating that the Parliament passed the impugned Act amending the Constitution providing for a non‑party caretaker government for a limited period for ...... the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the people's awareness to guard against the violation of the Constitution and the rule of law. The petitioner seeks to impugned the Constitution (Thirteenth Amendment) Act, 1996 (Act No.1 of..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......tution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... 4 bundles of clothes to room No.14 in which the heroin was hidden in the wooden frames inside the bundles and, as such, the conviction for the alleged possession of the heroin cannot be sustained in law. Mr. Huq further submits that in the absence of any evidence as to the content of the heroin exc..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......h property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, expres..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......discharged. The significant point to remember is that the Court has been given no discretion in the matter. Another question which is to be remembered is that the Advocate General as the highest law officer of the State, as it then was, has been given a plenary power in the matter of withdrawal..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......t is the rate of duty that should be paid. To bring such document within the fold of document purported to be a document of hypothecation is to adopt a process of reasoning which is not sanctioned by law nor the document itself allows such scope. It says that it is deed of mortgage, if it is, as it ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......nterest accrued thereon, with a further direction upon the executing Court to hear the parties on such statement of account and to examine whether adjustment of the sale proceeds made by the bank was lawful and to pass necessary order as to liability of the petitioner on the loan account. The said o..Category: Civil Law | Date: | Hits: 129
...., under which the Ministry of Commerce could take over control and management of certain Industrial and Commercial concerns. On 30-12-71 there was another Acting President's Order which was merely an amending Order, by which the words "the Ministry of Commerce" in the earlier Order were substituted ...... decision was granted by this court on 2nd September, 1976 to consider the following:
1. Whether the order of release dated 17-1-76 purported to be made under article 15(3) of 1972 (P.O.16/72) was lawful;
2. Whether the order dated 11-2-76 purporting to cancel an earlier order dated 27-1-75 m..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......firmed by the High Court Division on March 9, 1982. 3. Being aggrieved, the appellant moved this Court and obtained leave to consider whether the notice period of six months as contemplated in the law for terminating a tenancy from year to year under section 106 of the Transfer of Property Act mu..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......ot comply with the provisions section 17 (1) of the Small Causes Court Act, the miscellaneous case was not maintainable and the court which allowed it had assumed jurisdiction not vested in it by law. Its order was, therefore, a nullity. 3. Defendant-appellant who contested the suit stated th..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......rit petitioner was waiting for approval of his Mutwalliship the respondent No.2 of the writ petition all on a sudden issued a letter vide Memo No.O: Pro: Dha: U: 239(6) dated 07.01.2003 violating the law and constituted a Managing Committee of 6 members making the respondent Nos.4 and 5 of the writ ..Category: Trust/Waqf Law | Date: | Hits: 148
....ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......dated 27.9.1998 as an urban area is illegal, void, without jurisdiction but the High Court Division failed to consider the same in its true perspective as such discharged the rule on misconception of law.
5. Admittedly public notification was issued as required under rule 3 of the Declaration Alt..
Category: Election Law | Date: | Hits: 190
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... 2. Mr. Fida M. Kamal, the learned Additional Attorney General appearing for the petitioners submits that the reasons for delay having been satisfactorily explained, the Appellate Tribunal erred in law in rejecting the said application for condonation of delay in exercise of his judicial discretio..Category: Procedural Law | Date: | Hits: 79
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......g for the petitioners submitted that the High Court Division having directed the trial Court to dispose of the application for temporary injunction within 4 weeks of the receipt of the order erred in law in vacating the ad-interim order of injunction and directed Sonali Bank to pay off defendant No...Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......as plaintiff No.1 Rabiul Alam subsequently became an advocate. The plaintiffs issued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant through their lawyer determining the relationship of landlord and tenant and demanding vacant possession of the su..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......perty to that extent. The landlord could realise the amount by a suit, which of course, will in substance be a money suit. The view expressed by Sen, J. in this decision, we find, is in accord with law. 4. Details of the history as the right to the rent of the ex-rent receiver on the acquisitio..Category: Property Law | Date: | Hits: 60
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