Search Options
Judgment Advanced Search
Displaying 21-40 of 5586 results.
....nd E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. It has been stated in the writ petition, amongst other, that the petitioner is a law......;J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
Th......-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....e appeal and sent the suit on remand to the trial Court for fresh hearing on the erroneous view of the facts and the law as pointed out hereinbefore and we have heard both the parties, we consider it proper to send the appeal back to the High Court Division for hearing the same afresh and dispose of......R (AD) (2015) 266. ......al Court dismissing the suit, preferred the first appeal in question, so the High Court Division as the last Court of fact was obliged to see whether the trial Court committed any error factually and legally in dismissing the suit, but it without directing its attention in that respect made out a th..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....h represented by the Secretary, Ministry of Housing and Public Works & others.......Respondents
Judgment
May 27, 2015
Result:
The Rule is discharged.
Bangladesh Abandoned property (Control, managemnt and Disposal) Order, 1972 (PO No.16 of 1972); Article 2(1)
Abandon......
High Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
J.N. Deb Choudhury J
Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners
Vs.
Government of the People’s Republic of Bangladesh ...... is also Reported in:
..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....ure of respondent No. 3 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The main contentions of the petitioner, amongst other, are that the petitioner is a ......
Md. Rezaul Hasan J
Farid Ahmed J
Anwarul Islam (Md.)……….......................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and
others...................Respondents
Judgment
May 26, 2015.
Result:
The......1 of the Memo being No. 265/Ka/Onu: /9/1309 dated 13-10-2014 (Annexure-A) issued under the signature of respondent No. 3 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
.... date for auction, the respondent no.2 violating his own order published the impugned auction notice on 26-7-2012 in "Daily Kaler Kantha" for sale of the petitioner's mortgage property and at this stage the petitioner moved this Division and obtained the present rule and the ......¿à¦¬à¦¸) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section applies in verbatim, That is to say absolutely in terms of the law as it stands. ......tice dated 26-7-2012 passed by the Artha Rin Adalat No. 4, Dhaka in Execution Case No. 36 of 2012 (Annexure-B) should not be declared to have been published without lawful authority and is of no legal effect." 2. The background leading to the Rule, in short is that the petitioner and ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......diction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is dis......o deposit Taka 33,079.25 as VAT, all issued under the signature of respondent Nos. 2, and 3 Annexures-A, A1, A2, A3, A4, A5 and A6 shall not be declared void and without lawful authority and is of no legal effect and why the respondents shall not be directed to 1 cancel, withdraw or rescind the same..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....ection 9 (1) of Act VIII of 2000 tilting towards the adult female partner in one band, in such cases, may open a flood gate of such embroided and frivolous litigations and on the other hand send an improper signal to the society in general and to the female partners in particular that in its turn he......nbsp; Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. ......ssessment of verbal evidence of the prosecutrix alone as well as of the attending circumstances. 7. Now Mr. Sasti Sarker learned lawyer for the appellant submits that in a word there was no legal evidence what so ever that could help conclude guilt of the appellant. There was no witne..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....scribes any punishment as mandatory, the hands of the court become a simple rubberstamp of the legislature and that this certainly discriminates and prejudices the court’s ability to adjudicate properly taking into account all facts and circumstances of the case. The High Court Division grante......eme Court
Appellate Division
(Criminal)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others …………………&......he rule of law the Constitution has assigned an onerous task upon the judiciary and it is through the courts, the rule of law unfolds its contents. One of the important concepts of the rule of law is legal certainty. Judicial review of administrative action is an essential part of rule of Law and so..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....scribes any punishment as mandatory, the hands of the Court become a simple rubberstamp of the legislature and that this certainly discriminates and prejudices the Court’s ability to adjudicate properly taking into account all facts and circumstances of the case. The High Court Division grante......llate Division
(Civil Appellate Jurisdiction)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others ......................................Appellant (In Civil......he rule of law the Constitution has assigned an onerous task upon the judiciary and it is through the Courts, the rule of law unfolds its contents. One of the important concepts of the rule of law is legal certainty. Judicial review of administrative action is an essential part of rule of law and so..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....-rights shall accordingly not be conclusive evidence of its publication under section 144 of the Act, 1950. We should however refrain from making any observations in respect of title of the property in question inasmuch as the First Appeal is awaiting disposal before this Court on a simila......orted in: 68 DLR (HCD) (2016) 37 ......al Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2, and I-3) in respect of DP Khatian No. 1645 should not be declared to have been issued without lawful authority and of no legal effect. 2. The Rule was directed to be heard along with Writ Petition No. 4027 of 2003. S..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
...., 2nd Court, Dhaka shall not be declared to have been passed without lawful authority and are of no legal effect and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as ......DLR (HCD) (2015) 287. ......on— Once the auction is complete no relief is available against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in the auction sale...... (24) Case Referred to- Bhavan Vaja Vs. Solauki Hanuji K..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....he husband of the petitioner, before this Court on 15-3-2015 at 10-30 AM to deal with the matter according to law and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: ......his Case is also Reported in: 15 BLC (HCD) (2010) 343 ......llip;……………… "This complacency on the part of the important officials of the Rakkhi Bahini appears to be incomprehensible, if the story of finding illegal arms and the subsequent escape of Shahjahan is taken to be true. The complete absence of any r..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......Court Division
(Statutory Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Moinuddin Hasan Rashid.................Petitioner
Vs.
Registrar, Joint Stock Companies and Firms and another.........Respondents
Judgment
April 15, 2015.
Result:
The a......of obstacles that stultify the general policy of the Act reflected in section 81 that AGMs are to be held annually and regularly or within the permissible limit of extension. In that regard, any legal entity's inability to remain fully compliant with Section 81 must 'attest to a set of ..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....earned Assistant judge, 2 Court, Dhaka in Title Suit No. 488 of 2010 rejecting the plaint should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts briefly are that the petitioners as plaintiffs brought the afores......se is also Reported in: 67 DLR (HCD) (2015) 317. ......appearance in the suit and filed written statement contending that the plaintiffs have no locus standi to file the suit for permanent injunction against the defendant-landlord. The plaintiffs have no legal right to stay in the suit premises in question without any contract, who created a false cause..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....ismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the intervention of the Court and payment of Court fees. But th...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment March......the parties does not cease to be an absolute conveyance and become a mortgage merely because the vendor stipulates that he shall have a right to repurchase". 13. As to the difference in the legal effect of a sale with a condition of repurchase and a mortgage by conditional sale, it is said..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....e(s) when it/he obtained the loan (here the accused petitioners) by creating equitable mortgage and the complainant company had the option to recover the loan money by selling the mortgaged property even the cheque(s) returned unpaid as argued by Mr.Chowdhury. A close reading of sub-s......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is d......itan Sessions Judge Court, Chittagong by respondent No. 3 in addition to Artha Rin Suit for recovery of loan amount should not be declared to have been initiated without lawful authority and is of no legal effect. At the time of issuance of the Rule all further proceedings of Sessions Case No. 2452 ..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......(ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for......e-'Eighthly' of section 320 of the Penal Code though the doctor certified that the injuries suffered by her were simple in nature. Therefore, the High Court Division did not commit any illegality in maintaining the order of conviction and sentence of the Tribunal and there being no..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....re-'A' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, as set out in the writ petition, in short, is as follows...... Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The ...... so far as it relates to serial No. 8 cancelling the petitioner's Arms Licence No.31/98 (Annexure-'A' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....d with subsection 4, is not at all mandatory rather it is directory— Before institution of any suit against any borrower the bank shall have to arrange for an auction sale of the property mortgaged by any borrower. It is a precondition for filing a suit. Even if a suit is filed ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &......d sale deed No.5352 dated 25-4-2011 (Annexure-B-1) of Sadar Sub-Registry Office, Jessore should not be declared to have been made by the respondent No.1 without any lawful authority and is of no legal effect." 2. The back ground leading to the Rule, in short is that the petitioner ava..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....ion 6(kha) are such that they can be followed even not withstanding whatever contained in the entire section 33. This means, once the right to enjoyment and possession of the mortgaged property is conferred on the decree holder, it will be at liberty to even immediately apply for......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment......passed by the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore in Artha Rin Execution Case No. 11 of 2007 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short back ground facts, relevant for the disposal of the Rule, are that Islam..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
97179563919396589660966197169114892696829604965796099607897696599156899195979591