Search Options
Judgment Advanced Search
Displaying 181-200 of 2091 results.
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....upplementary Affidavit dated 7-12-2011 without deciding the case on merit held up the decision on the pretext of the Writ Petition being pending before this Division and as such refrained from giving any final decision. In the words of the review committee- “অতএব রিভিউ......holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 dated 6-9-2011 by not releasing the same shall not be declared to have been passed illegal, without lawful authority and is of no legal effect and why a direction shall not be given to make final asse..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lls the earlier have till recently been receiving. 3. It is beyond qualm that there are certain diseases which can not be properly and adequately attended to in Bangladesh. Truth has it that many state functionaries, even those who are inferior to SC judges in the warrant of precedence, are...... no.8, intimating the refusal to pay the Hon’ble Judges of the Supreme Court of Bangladesh their medical bills for treatment (as of Annexure-D and D-1), should not be declared illegal and without lawful authority and why a direction should not be given upon the respondents to pay-sanction the m..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....n discharged the Rule by the impugned judgment and order dated 31.10.2011. 6. Mr. Khan Saifur Rahman, the learned Counsel appearing on behalf of the petitioner submits that the power to transfer any criminal case is reposed in the High Court Division under section 526 of the Code of Criminal Pr......is an invasion on the independence of the judiciary and the impugned S.R.O. dated 14.10.2010 transferring the case from the Court of Sessions, Madaripur to the Druto Bichar Tribunal, Dhaka is without lawful authority and of no legal effect. 7. Mr. Motahar Hossain Saju, the learned Deputy Attorn..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
.... months, specific order of the chief Metropolitan Magistrate or District Magistrate, as the case may be, shall have to be obtained. Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of Sessions". 21. From a plain readin......ontinuation of the extension made by the learned Magistrate. 19. Against the back-drop stated above, the legal issue before this Court is whether the extension made by the learned Magistrate was lawful and if not, what would be the consequence of the actions taken by the Courts below in relatio..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
.... another..................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petr......e said writ petition before the High Court Division challenging his release order dated 31-12-1982 from Bangladesh Jute Mills Corporation (BJMC) i.e. the present appellant to have been issued without lawful authority and is of no legal effect and as to why a direction in the nature of mandamus shoul..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....cted the respondent No.1. the appellate authority to admit and dispose of the appeal after receiving the statutory deposit under law. 6. This Rule is not opposed by the respondents by filing any affidavit in opposition. 7. To the appreciate the issue let us first discuss some of the......5,98,44,700.67 allegedly to have fallen unpaid VAT, under Section 55(1) read with section 37(2) of the Value Added Tax (VAT) Act, 1991 (Annexure-C) shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The background leading to the Rule, in short, ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....02 of 2008 under sections 409/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disp......ey for the Zia Orphanage Trust, she had no control over it and it became money of the Zia Orphanage Trust; and it being a Private Trust, the Government or Anti-Corruption Department has no control or lawful authority over the Trust to bring the instant Criminal Proceeding in this manner. The Orphana..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....intment of the petitioner. On 10.05.2008 the petitioner served a legal notice demanding justice for cancellation of the impugned order and to accept the joining report but the respondents did not pay any heed to it. Being aggrieved by and dissatisfied with the impugned memo dated 02.08.2008, the pet......des, made the Rule absolute holding that the impugned letter of cancellation of the appointment letter as communicated by letter dated 02.08.2008 under the signature of respondent No.3 issued without lawful authority and of no legal effect. The respondents were also directed to make necessary arrang..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....dence which is being followed since the end of nineteenth century by the superior Courts of the subcontinent, the accused is to be treated as innocent until the prosecution proves its case beyond any shadow of doubt. Every man is presumed to be innocent until he is proved guilty. The defence is ...... in this Division. This Division set aside the conviction on the reasoning "only appropriate order that ought to have been passed was an order of conviction and sentence to have been passed without lawful authority and of no legal 1 effect." 32. In view of the above, I find merit in this Appeal..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ber 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would defeat the very purpose of such power. The expression 'complete just......hey applied for re-issuance of a No Objection Certificate (NOC) from the respondent No.1 for broadcasting activities and while the said application was under consideration the appellant-company unlawfully commenced test broadcasting. They sought for a direction upon the respondent No.3 to is..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... issued on 05.12.2010 was in following terms: “Let a Rule Nisi be issued calling upon the Respondents to show cause as to why the inaction of the respondents to take necessary steps to stop any kind of building and the respondents to implement the provisions of Section 12(c) of the Antiqu......Rule 61 of Dhaka Metropolitan Building (Construction, Development, preservation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to thi..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed strictly by the provisions of the said Ain. He further submits that section 27 of the Ain does not confer any authority upon the Nari-o-Shishu Nirjatan Damon Tribunal to entertain any naraji petition. The T......gnizance of the offence on the basis of the naraji petition. Thus the impugned order of taking cognizance of the offence against the accused-appellants and another accused is without jurisdiction and lawful authority.” In the present case the Tribunal had accepted an earlier naraji petition, w..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
....without lawfulauthority.
6. SM Monir, learned Advocate who fileda fresh power on behalf of respondent No.6 appeared with an application fordischarging the Rule as being infractuous, but did not file anyaffidavit-in-opposition, however, submits that after 19-2-2011 that is afterthe scheduled date of......econdary SchoolEducation Board, Comilla and 5 others………………………….Respondents
Judgment
August 25, 2011.
Result:
The Rule is made absolute.
Can a local member of the parliament lawfully interfere with the election process of the Managing Committee of a Non-GovernmentEducationa..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....essel MV ACCORD was arrested and the plaintiffs were detained in the said vessel since then for a long time to face irreparable distress and agony. But the owner of the vessel not only failed to take any care of them but also to pay their wages during this period, which constrained them to file the ......he vessel. 37. The plaintiff in this suit prayed for his due salary for the one year period along with the salary for the days of his extended stay on board the vessel which appears to be squarely lawful. The plaintiff further claimed victualling allowance and the leave wages which being covered ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....e petitioners on 28-3-2011 and 30-3-2011 filed objections before the Chairman, (Head of Procuring Entity), BTRC alleging irregularities/illegalities in the procuring process and requested not to take any decision regarding appointment of auditors. Paying no heed, BTRC proceeded with the procuring pr...... and Special Audit/Information System Audit of the Telecom Operators in Bangladesh and appointment of respondent Nos.10-12 as the Information System Auditors should not be declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... are as follows: 5. The appellants allegedly in collusion with each others fabricated a number of Board Meetings and Resolutions of Tea-Hung Packaging (BD) Limited, a foreign investment company in Bangladesh in which Bo-Sun Park is the Chairman. The accused-persons manufactured some false......e. The Court is, however, to be "on guard so the great value of the right given under Article 102(1) is not frittered away or misused as a substitute for more appropriate remedy available for an unlawful action involving no infringement of any fundamental right", Mostafa Kamal J observed. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....hy;tion of the offences under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commission to hold investigation section 32 of the A......gedly committed by the petitioner, as a public servant, without prior sanction of the Government. So the order of taking cognizance of the offences against the petitioner in this case is without lawful authority and, as such, the entire case has been vitiated for lack of jurisdiction. In this r..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....Alam filed Other Class Suit No.13 of 1984 and obtained ex-parte decree and got kabala of 5 gandas of land through Court. But it is the case of plaintiff that before this kabala, defendant did not get any right, title, interest and possession of the suit land. Defendant Nos.9 to 14 had enmity during ......case and got possession. Defendants gifted 1.5 gandas of land to defendant No.7 and delivered possession. The bainanama and kabala in favour of this defendant and gift in favour of defendant No.7 are lawful and valid one and binding upon all the defendants. Defendant Nos.1-7 have title, interest and..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....r as defendants of the suit. The suit was transferred to the Artha Rin Adalat No.2, Dhaka (the Adalat in short) and renumbered as Money Suit No.26 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-...... 1995 along with an application for condonation of delay as per provision of the Limitation Act and the Ain. Therefore, execution proceeding as well as the order for issuing warrant of arrest is lawful and the Rule is thus, liable to be discharged. 4. Mr. Md. Hadayet Hossain, the learned ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....used appellant used to offer her to witness blue film and illicit proposal often and on. She disclosed the fact to the religious teacher of the school who instructed her not to disclose the matter to any body and also assured her that he would take initiative just to have a talk with the headmaster.......cused appellant committed an offence punishable under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2002. He submitted that the Tribunal after considering the evidence on record has rightly and lawfully found the accused appellant guilty of the offence punishable under section 10 of the Nari-O..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
84488623713183038296864878797781683085678540735185708478880285478378851886474950