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Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......M Mostafa filed Contempt Petition No.156 of 2009 (arising out of Writ Petition No.2272 of 2005) before the High Court Division for drawing up proceeding for Contempt of Court for willful disregard of lawful direction passed by the Court in the judgment and order dated 03.05.2005 in Writ Petition No...Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ...... the prosecution has failed to prove recovery of more than 25 grams of heroine from the possession of the appellant and in such view, the impugned conviction and sentence cannot stand in the eye of law." 5. Mr. Khandaker Mahbub Hossain, learned Counsel, appearing for the appellant has strenuo..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......sons who have already been appointed in the service after the second viva voce examination will also remain in their service and the seniority of the petitioners will be determined in accordance with law. (3) The Government is hereby directed to appoint the petitioners within 3(three) months fro..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......o construct a market complex on the drain passage of Chittagong Development Authority Avenue, Chittagong by the Chittagong Municipal Corporation should not be declared to have been undertaken without lawful authority and is of no legal effect.
2. The Rule was issued at the instance of the petitio..
Category: Property Law | Date: | Hits: 58
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... party in the Artha Rin Suit, or any summon was served upon him in the suit, if any; or whether the suit was properly instituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......airman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that it is a reg..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......n presence of the local Chowkider and the village defence party members but none was found there. The police thereafter received an information that the convicted accused Semona Khatun, mother‑in‑law of Taslima Begum, the victim and her husband's younger brother Abdul Hoque are in Rakhi village,..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......) of section 10 of Ordinance No.54 of 1985 the Court of Settlement ought to have given a decision in the case irrespective of non‑appearance of the parties and as such the impugned order is without lawful authority and is of no legal effect. 5. Mr. AK Mujibur Rahman, the learned Deputy Attorney..Category: Procedural Law | Date: | Hits: 59
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......ssued by the respondent No.2 Assistant Commissioner, Abandoned Property Management Board, Dhaka by his memo No.14 Shuk‑170/85‑69 (Annexure C) shall not be declared to have been issued without any lawful authority and to be of no legal effect.
2. Impugned order contained in Annexure G dated 9...
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......79 of 1965 is a nullity as the same was obtained by practising fraud upon the Court and further held that the suit is not maintainable in its present form. 6. Fraud is a mixed question of fact and law. Court of appeal below on consideration of the evidence came to the finding "I am inclined to be..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......s (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Co..Category: Civil Law | Date: | Hits: 84
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......re of the respondent No.1 and the impugned proceeding pursuant to which the said order was made. The respondents were asked to show cause why the same should not be declared to have been made without lawful authority and to be of no legal effect. In Writ Petition No. 1560 of 1991 petitioner Kabita R..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......atra’ it appears that after service of notice in the Civil Revision, service return was sent to the Honourable Supreme Court, High Court Division Dhaka. On 27.3.82, the matter was placed before the lawazima as to whether fresh service would be necessary. The Single Judge sitting at the relevant ti..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......without proper discussions of the evidence on record and being failed to conceive and consider the principle of acquisition of title by adverse possession has decreed the suit out of misconception of law and fact and the same is not sustainable in law. 10. Mr. A Baset Majumder, the learned Advoca..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......s liable to be discharged. In the result, the Rule is discharged and the stay order dated 23-7-1995 stands vacated. The Second Labour Court, Dhaka shall proceed with the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary ..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......n, Advocates - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For Respondent No.1. Writ Petition Nos. 2094, 2095 of 2002. Judgment Moyeenul Islam Chnwdhury J.- As the questions of laws and facts involved in Writ Petition Nos. 2094 of 2002 and 2095 of 2002 are virtually one and th..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......d merit in the Rule. In the result, the Rule is made absolute, however without any order as to costs. The respondents are directed to receive rent from the petitioner upon mutating their names as per law. The respondents are further directed to inform this Court about the compliance thereof within 4..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25....... be withdrawn from the Court of learned District Judge, Manikgoni for transferring the sane to this Court for analogous hearing with First Appeal No.15 of 1988. 12. Now let us see the provision of law in respect of transfer and withdrawal of Suit and appeal which is envisaged in section 24 of the..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......to submit statements regarding the Moveable and Immoveable Property, liabilities' source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of thi..Category: Anti-Corruption Laws | Date: | Hits: 154
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