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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)
....ent and order of the leaned Sessions Judge passed in Criminal Revision No.69 of 2008 being illegal and abuse of the process of the Court must be struck down and set aside. 19. In view of the above provisions of section 516A of the Code, the Court is entitled to release the property in the Jimma o......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)
....flat, motorcycle etc. at a low interest level but there is no such loan facilities in this country to a particular class of executives in this manner. That besides, over and above, there is a further provision for payment of Take 30,000 by way of maintenance for the car which has got no justificatio......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)
....sed by it so as to correct any error apparent from the record either of its own motion or on the error having been brought to its notice by the assessee or any other income tax authority and all the provisions of this Ordinance as may be applicable shall have effect accordingly'' (underlined by us)......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)
....cannot be said to have been recovered from the possession or control of the accused appellant. The learned Advocate further submits that, the trial Court has not properly explained the accused as per provision of section 342 of the Code of Criminal Procedure and, as such, the trial is vitiated and t......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
....hibited documents and submitted that the learned Joint District Judge committed an error of law in not considering the relevant circular issued by the Primary Education Department providing mandatory provision that no teacher can be dismissed without the prior approval of the Thana Primary Education......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
....ublic Service Commission on 7th February, 2004. They claimed that they were experienced engineers working in the same department for about 5 years but because of the age bar and in the absence of any provision for application by in-service persons, they could not apply for the posts. It was their cl......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)
....aminations done on behalf of the other accused. 9. Justice demands that in a case of capital punishment no accused whether he remained a fugitive or not during trial, should go undefended and such provision is available under Chapter XII of the Legal Remembrancer's Manual, 1960. 10. The petiti......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)
.... Mr. Md. Helaluddin Mollah, the learned Deputy Attorney General, opposes the Rule contending, inter alia, that the grounds as alleged by the learned Advocate for the petitioners do not come under the provisions of section 526 of the Code of Criminal Procedure. Secondly, he contends that there is no ......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)
....the Rule, Mr. Rokonuddin Mahmud, learned Counsel for the petitioners, forwarded threefold arguments as follows Firstly, the appointment of the petitioners on daily basis is not consistent with the provisions of the "বেসামরিক বিমান চলাচল কর্তিপক্...... 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)
.... date fixed the plaintiff made an application for an order for issue of the summons upon the defendants. But the Court rejected the application and also rejected the plaint by impugned order invoking provisions of sections 5(1) and 110 of the Act. 19. The decision of the Court appears to be mainl......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)
....e basis for running a democratic institution. 14. Having considered all aspect of the case, we are of the view that the acceptance of the nomination paper of the writ petitioner should be deemed a provisional acceptance. Therefore, anybody aggrieved by the acceptance of the nomination paper of ......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)
....e of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 17 BIT (AD) 41, which he submits is distinguishable in the facts and circumstances of the instant case. He further submits that the amended provision in section 138(1A) of the Act was not in force at the time when the judgment in Nizamuddin......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)
....s. The language of the section is mandatory and admits of no implications or exceptions. This section debars a Court from entertaining and adjudicating any suit instituted without compliance with the provision of section 273. This section uniformly applies to all suits against the Cantonment Board o......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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