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Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151......./95 dated 25-11-95 (Annexure-B) issued by respondent No.3 and Memo No.Mind/II-2/ETP-Reg (27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below:..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......n required. No property should be given to a person who is not entitled to its possession at the time of its recovery and who has not committed any offence in respect thereof to make its possession unlawful……………(12) The seized taxi cab, which is owned by the Navana Taxi Cab Company Ltd...Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......nts Nos.4 and 5 approving the car loan facility for the executives of the respondents bank (as reproduced under paragraph No.5 of the writ petition) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......pellate Tribunal rejected both the applications by its order dated 10-6-02 on the same view that the applications were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: (a) Whether on the facts and in the circums..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......also considered that, though there is no legal infirmity had the Investigating Officer himself investigated into take case, but in his case, the investigation was conducted by a different body of the law-enforcing agency. As such, on this ground as well we do not find even a slice of material to hol..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ...... the learned Judge of the Court of appeal below without reversing the finding of facts as to the service of summons upon the co-pre-emptor, illegally allowed the appeal, thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 12. Mr. Mihirkanti Maju..Category: Administrative Law | Date: | Hits: 230
.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41.......l, inasmuch as the Managing Committee of the school without obtaining the prior approval from the Thana Primary Education Committee (shortly TPEC) dismissed the plaintiff which was not sustainable in law. He also found that the plaintiff was entitled to get her back salaries and thus he decreed the ..
Category: Employment/Service Law | Date: | Hits: 118
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......ent
Surendra Kumar Sinha J. -
The delay in filing of the leave petitions is condoned. Though the facts, the status of the writ petitioners, and the judgments are not identical rather distinct, law points involved in these petitions being almost identical, these petitions are disposed of analo..
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......2004 for examination of the accused under section 342 of the Code of Criminal Procedure. On 19‑2‑2004 the accused petitioner Chutta Mia filed a petition before the Court below through his engaged lawyer stating that all the prosecution witnesses in the case were examined during his absence and, ..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......that the present case having been transferred to Barisal Divisional Headquarter has created inconvenience to the petitioners in the matter of defendant themselves thereto. He further submits that the law and order situation of the country, specially that of Barisal Town, is not at all safe inasmuch ..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......2003 forwarded the report submitted by a Magistrate, 1st Class, Dinajpur to this Court. 5. Mr. AKM Shafiuddin, the learned Advocate appearing for the petitioner, submits that the Tribunal erred in law in passing the impugned order dated 6‑1‑2003 without holding any inquiry in the matter as to..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......ner obtained the present rule. 5. Dr Kamal Hossain, learned Counsel, appearing with Mr. Amir-ul Islam for the petitioner, submits at the outset that the petitioner is an aged man of 57 years and a law abiding, peace loving and respectable citizen of Bangladesh. He is also a freedom fighter and ha..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595....... appointment of the petitioners and (2) of any legal right or legitimate expectations of the petitioners arising out of their appointment have been violated by the impugned tender notices. 11. The laws regulating the general appointment, terms and conditions of services of the officers and employ..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... deed Exhibit E, deed to create further charge Exhibit L and oral evidence which conclusively and clearly proved that the plaintiff mortgaged the suit property to the bank again and thereby, erred in law in decreeing the suit. 27. Secondly, he submitted that after the Artha Rin Adalat found the s..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......d Subordinate Judge in appointing a receiver for the suit land. The impugned order is not only cryptic in nature but it is also a totally non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... statement of the appellant on 18‑4‑2002 and proved the appellant's signatures and his signatures appearing therein. He states that the confessional statement has been recorded in accordance with law after performing the formalities and that the confession is true and voluntary. PW 3 stated that..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue sum..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......5400 of 2008 discharging the Rules rejecting the petitioner's prayer for quashing the proceedings under section 561A of the Code of Criminal Procedure. As both petitions involve the same point of law, they are disposed of by this single judgment. 2. Facts relevant for disposal of the instant ..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......iff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to her son-in-law on 1-4-2005 and an agreement was executed to that effect. On 30-4-2005, defendant No.1 filed an ..Category: Property Law | Date: | Hits: 81
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