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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. ......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. ......ection 5(2) of the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961). 3. Subsequently, the petitioner was authorised to register all Mohammadan Divorces which were effected within the jurisdiction of Dhaka Cantonment Board under the licence dated 29‑9‑72 granted by the respondent..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....cience and Technology, Savar separately. It appears from the test report of RTL, Chittagong dated 5‑12‑95 annexed to that letter that 5 samples were collected from each of the 5 containers and in total 25 samples thus collected from 5 containers were examined by the RTL, Chittagong and the said ......nce with law. So right to life is a fundamental right subject to law of the land. Since right to life has not been interpreted in our domain we are to see what is the meaning of right to life. In the absence of any such interpretation from our domain we may see what meaning was given by the superior...... radiation test certificate dated 8‑1‑95 without re‑examination of the goods as per letter dated 20‑4‑95 of the Bangladesh Atomic Energy Commission, Dhaka was illegal, motivated and without jurisdiction, Plaintiff also prayed for a decree for mandatory injunction directing the respondent N..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......cannot be said that the plot has been lawfully included in the list of abandoned building published in the Gazette notification on 23‑9‑86…………………………(15) Invocation of writ jurisdiction even when efficacious alternative remedy is available Even though there is an effic..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. ......s does not in any way indicate that accused Enayet had any involvement in the act or further that there was any conspiracy between accused Shaheen and Enayet for commission of any illegal act. In the absence of any evidence showing the complicity of accused Enayet the charge under section 9 of the C......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. ..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.
......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.
......3.9.1990 particularly clause B.6.31 of the Tender Document and clause of Bangladesh Tender Form No.2911 as amended on 23.9.1987 the proceedings conducted by Mr. Justice Sultan Hossain Khan is without jurisdiction and a nullity in the eye of law. Mr. Shamsul Alam, the learned Deputy Attorney General ..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Masum and others Vs. State, 1996, 25 CLC (HCD)
.... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....r lifted different quantity of Methanol on depositing of duties to the Bangladesh Bank which was duly recorded in the bill of entry and bond register. The petitioner further states that it cleared in total 864 MT of Methanol and on each occasion the Bond officer signed the Bill of Entry and Bond Reg...... an application for review which was also rejected on consideration by the review authority. Thus, it seems that the petitioner had opportunity to represent his case before the higher authority about absence of show cause notice: Having taken this view on non- service of show cause notice it is now ......Note filed an appeal before the Collector (Appeal) Customs, Excise and VAT, Chittagong for setting aside the demand. But the Collector by a letter dated 11.1.94 informed the petitioner that he has no jurisdiction to settle the dispute. That led the petitioner to file a revisional application before ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......after being satisfied on consideration of materials on record that there was apprehension of breach of peace over the cutting of paddy in the disputed land. Thereafter petitioners submitted to the jurisdiction of the learned Magistrate and continued to appear in that proceedings till 31‑1‑95..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
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. ......ersons in exchange of the management of the company from facing trial on the allegation of misappropriation of the fund of the company by falsification of accounts and concealment of documents in the absence of any specific bar to such prosecution under any provisions of any law including the Compan...... the share holders of the Company. He further submitted that Managing Director of a private limited Company in which Government has no share is not a public servant and, as such, Special Judge has no jurisdiction to try the alleged offence of criminal breach of trust. So proceedings of Special Case ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......ed 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 an order of disc..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ...... merit the subsequent application could be pressed on the ground taken in the earlier applications. He also submits that in any view the instant application contains new ground on the question of the jurisdiction of the Court of Sylhet in entertaining the case as the offence, according to the inform..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....religion or the religious beliefs of that class, only then the Government could pass an order under section 99A, of the Code of Criminal Procedure. He submits that the ingredients of section 295A are totally absent in the present case and, as such, the impugned order suffers, from legal infirmity. ......Mr. Rashid further submits that since the section 295A of the Penal Code has not been mentioned in the order of forfeiture, the High Court Division has no jurisdiction to look into the matter for the absence of section 295A of the Penal Code. It is true that section, 295A of the Penal Code has not b......otification has got little substance. 21. Mr. Rashid further submits that since the section 295A of the Penal Code has not been mentioned in the order of forfeiture, the High Court Division has no jurisdiction to look into the matter for the absence of section 295A of the Penal Code. It is true t..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....500.00 taka per month and similarly to pay taka 18000.00 for the two minors at the rate of Taka 300.00 each month for the period of 2 and half years from the date of the case and thereby decreed the total amount of taka 52,999.50. Against the said decree, the petitioner referred the said Family Cou......n, the learned Advocate appearing for the petitioner, has firstly submitted that the lower appellate court has committed error of law in passing the decree for the entire amount of dower money in the absence of any evidence that the marriage had been dissolved and which has resulted in an error in t......him. Mr. Ahmed has further submitted that the findings and decisions arrived at by the courts below are concluded by concurrent findings of fact and this court will not interfere under the revisional jurisdiction. 11. We have heard the learned Advocate of the parties at length and perused the rev..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......oner and submits that Artha Rin Adalat is a special Court set up for special purpose of speedy recovery of loans by the Banks and specified Financial Institutions only and the Artha Rin Adalat has no jurisdiction to adjudicate the claim of any other person. He further submits that Artha Rin Adalat h..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....ance of contract for sale of the suit land alleging, inter alia, that defendant‑respondent No. 1 entered into an agreement to sell the suit land to them and on receiving Taka 5,000.00 out of the total consideration of Taka 6,000.00 executed a bainapatra on 4.11.1973 and delivered possession to......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed 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) 573. ......ed appellants Md. Dulal and Abul Kashem marked Exts.6 and 7 respectively. P.W.10 Mr. Swapan Kumar Shaha, Upazila Nirbahi Officer of Sandwip, recorded the confessional statements on 16‑7‑90 in the absence of the Upazilla Magistrate. In his confessional statement accused Dulal admits the commissio......uddin Ahmed 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) 573. ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ed as Title 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 15.7.5......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
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