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Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......ion (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents &nb......ok a bribe of Taka 30,000.00 from one Abdul Jabbar of Satata Soap Factory for not implicating the latter in a criminal case and for releasing a truck, loaded with Soyabean Oil, which did not have any legal documents for the said oil. 4. Thus SMLC No.51 of 1982 was initiated and it was tried by ..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......on (Special Original Jurisdiction) Present: Mozammel Hoque J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another…………......n the respondents to show cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the petitioner was appointed and a..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....sal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain persons who are not present in Bangladesh or whose whereabouts are no......s. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......ary Provision) Ordinance, 1985 at serial No.49 in the Bangladesh Gazette, Extra copy, published on September 23rd, 1986 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts are, in brief, that the land at plot No.4, SE(C) Road No.138, Gulshan ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......dvocate ‑ For the Appellant. SA Hasan, Assistant Attorney General ‑ For the State. Criminal Appeal No.2493 of 1993. Judgment Qazi Shafiuddin J.- Accused Enayet has been tried and found guilty by the Senior Assistant Special Tribunal, Barisal in Special Tribunal Case No.22 of...... "A person abets the doing of a thing, who instigates any person to do that thing; or, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing;..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
...... Techno Consult Limited; 1988 BLD 364; 6 DLR 473; ILR 13 (ALL) 300; 8 DLR 305.
Lawyers Involved:
Shamsul Alam, Deputy Attorney-General-For the Appellant.
S.R. Pal with Abdul Quium and M.A. Noor-For the Respondents.
First Miscellaneous Appeal No. 82 of 1993.
Judg......ll as Bangladesh Form No. 2211 as amended upto date nor does he fit in the description of person/ persons to be appointed as an Arbitrator, the award made by Mr. Justice Sultan Hossain Khan is illegal and without jurisdiction and the learned Subordinate Judge ought to have, under section 17 of ..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
....of the girl made under the influence of the accused and on her physical appearance, which could be deceptive, that the girl was above 18 years of age and that the High Court Division failed to pass a proper order in the interest of the minor girl and also for a fair trial for the grave offence commi...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents Judgment January 31, 1996. Result: ...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....id not consider the materials on record and legal aspect of the case and came to wrong decision occasioning failure of justice. He further submits that the petitioner submitted the bill of entry with proper assessment for clearing 25 NIT but he got delivery of only 18.225 MT with a deficit of 6.775 ......Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Eastern Chemical Industries Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred to- Md. S...... led the petitioner to file a revisional application before the National Board of Revenue under section 44 of VAT Act, 1991 read with section196 of the Customs Act, 1969 stating that the demand was illegally made. The revision IM petition was rejected by an order dated 27.8.94 by the Additional Secr..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......s. Azizur Rahman & another....................Opposite‑Parties Judgment August 13, 1995. Lawyers Involved: Md. Abdul Malek with Iman Ali, Amatur Noor Begum, AHM Mostifiqur Rahman and Binod Kumar Agarwala, Advocates-For the Petitioner (In all Revisions). SR Paul with Bazlur Ra......o Black's Law Dictionary Fifth Edition, "body corporate" means a "public or public corporation." On the other hand, according to the said Law Dictionary "Corporation" means “An artificial person or legal entity created by or under the authority of the laws of a State or nation composed, in some ra..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....nd others, reported in 1971 Supreme Court Cases (Cri) 446 and Pranab Kumar Mitra Vs. State of West Bengal and another reported in AIR 1959 Supreme Court 144 that when the High Court thinks it fit and proper it may take action suo motu against the order passed by any subordinate Court. But we do not ...... This Case is also Reported in: 48 DLR (1996) 76. ......olated by the learned Sessions Judge by not issuing notice to the accused before passing the order in question and thereby denying them an opportunity to be heard. Further, as the impugned order is illegal all subsequent orders are vitiated by this illegality. (2) that the accused having been mad..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....ka accepting charge‑sheet No.367 dated 26.12.90 in connection with Gulshan PS Case No.23(9)88 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 27.9.88 ASM Abdul Karim Bhuiyan, Anti‑Corruption officer of the Bureau of Anti ...... 48 DLR (HCD) (1996) 218. ...... A Malek, learned Advocate appearing for the petitioners, submits that the impugned order dated 26.12.90 accepting charge sheet No.367 dated 26.12.90 in Gulshan PS Case No. 23(9)88 dated 27.9.88 is illegal, without jurisdiction and bad in law inasmuch as Gulshan PS Case No. 23(9)88 terminated with a..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
.... and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63.......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......a facie found by the court of law in the earlier suit, the said tenant became defaulter then the plaintiffs petitioners filed the instant suit for his ejectment but the said defendant having died his legal heirs that is, the present defendants opposite parties, contested the instant suit and the lea..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......resent: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Case No. 464 of 1994) Dr......e corrected subsequently. He submits that since the order dated 8.12.93 took effect from that date and it was challenged before this Court, at this stage such a corrected notification is absolutely illegal. He further submits that it was not clear from the notification as to 'who, 'how and under wha..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....quate maintenance could not be invoked. (2) That the first impugned order was illegal inasmuch as the proceedings were taken against the petitioner ex parte by an Arbitration Council which was not properly constituted, besides the order appears to have been passed by the Chairman in his personal ......ivil Revisional Jurisdiction) Present: Syed JR Mudassir Hussain J M. Bazlur Rahman Talukdar J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred t......stice. The last submission of the learned Advocate was that the court of appeal below without formal proof admitted the affidavit of divorce and marked it as Ext. A at the appellate Court which was illegal and the same (Ext. A) being an inadmissible evidence has vitiated the judgment of the court of..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....istrict Magistrate, Gopalganj, taking cognisance of an offence after submission of final report should not be quashed or such other or further order or orders passed as to this court may seem fit and proper. 2. Pending hearing of the Rule all further proceedings in GR No.56/91 pending in the Cour......s Case is also Reported in: 48 DLR (1996) 55. ...... of complaint by the complainant without examining the latter. Taking Cognisance of a fresh case without examining the complainant under section 200 of the Code of Criminal Procedure is obliviously illegal. In the instant case it appears to us that the naraji petition has been filed not as a complai..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
.... Suit No. 395 of 1984), the defendant‑opposite party as plaintiff filed Title Suit No.19 of 1986 against this petitioner as defendant for declaration of his title in 8 annas share of the total suit property of 0.09 decimals of land and also for a declaration that the decree dated 15.7.59 passed in......also Reported in: 46 DLR (HCD) (1994) 419 ......ant opposite party's right, title from the suit land. 13. It appears that the learned trial Court have discussed the facts of the case more elaborately with reference to the evidence and the legal presumption and came to the finding that both the brothers took settlement and both of them pa..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....Mahbub Hossain, learned Advocate for the appellants, had assailed the impugned Judgment and order of conviction and sentence as bad in law. He submits that the learned Sessions Judge failed to make a proper appreciation of the evidence and failed to consider that there was no chance of recognition o......lso Reported in:49 DLR (HCD) (1997) 577. ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....ed by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit and proper.
2. The petitioner Mr. Zamir Ahmed was posted as Assistant Director, Administration, of ......‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit......V) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit and prope..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ..............Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that t......of the Sub‑continent including the Privy Council. In the case of Radha Kissen Chamria and others Vs. Durga Prasad Chamria, AIR 1940 PC 167, it has been held that "As the analogy only arises by legal fiction, it must be limited to the purposes enacted by the context and cannot be given larger ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ......nion Parishad, PS-Hajiganj, District Chandpur under section 65(f) of the Local Government (Union Parishads) Ordinance, 1983, shortly the Ordinance, was passed without lawful authority and to be of no legal effect. 2. The writ petitioner-respondent No. 1 contended that while functioning as the e..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....at previously another such application was allowed and so again an application obstructs normal rule of disposal. 2. The petitioner has instituted a suit for declaration of his title to the suit properties described in twelve schedules and for permanent injunction. There are six defendants. Def......on (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Res......f that will was not then completed plaintiff could not acquire title to the property. The amendment was allowed as it was necessary for determining the real question between the parties, that is, the legal effect of the plaintiff s purchase from Sarjubala. 9. In case of alteration or amendment ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
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