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Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....o show cause why the assessment orders Annexures F, I, I(i), I(ii) and l(iii) customs duties, income tax, other taxes fee, surcharge levied (already paid by petitioner) should not be declared to be illegal, without lawful authority and of no legal effect and the respondents should not be directed to...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....strate had to assess the evidence and, therefore, the order of the learned Sessions Judge finding fault with the order of the learned Magistrate on re‑assessing the evidence himself suffers from legal infirmities. In support of his contention the learned Advocate for the petitioner has cited a ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....s of gun under section 18 of the Arms Act and that the order cancelling the licences of a gun without issuing any notice upon the licensee and without giving the licensee a chance of being heard is illegal and of no legal effect as the same has been passed in violation of the principle of natural ju......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....h Mala Routh, Advocates-For the Opposite Party. Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by the learned Subordinate Jud......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..Category: Property Law | Date: | Hits: 81
....ued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful authority and is of no legal effect.
2. The petitioner is a Public Limited Company registered under the Companies Act, 1......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
.... review petitioner preferred Writ Petition No.6286 of 2010 before the High Court Division challenging the Constitutional validity of the Money Laundering Protirodh Ain,2009 (Ain of 8 of 2009) and the legality of the initiation and continuation of Metro Special Case No.126 of 2010 corresponding to A.......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....2, Hazrat Ali, Manager, Magura Branch of the Bank was approached by the deceased accused Mostafa Anwar, a Sales Executive of the Company, for opening a current account of the Company and Hazrat Ali illegally opened an account on 20th May, 1977 without complying with the formalities required for open...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....In that case question that arose was whether the application for pre‑emption was liable to be thrown out on the ground that on the date on which the pre‑emption application was filed, there is no legal transfer. Their Lordships of the Appellate Division held that since the document of transfer w...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....he petitioner but the day of scrutiny should be interpreted to be the actual determining factor. A reading of sub‑section (2) of section 7 will show that the legislature has taken pains to make the legal position absolutely clear and unambiguous that a person shall be disqualified not only for ele......r submits that the petitioner being not a defaulter on the date of scrutiny, he is not disqualified to be a candidate for Chairman and that the date of filing the nomination paper will not govern the status of the petitioner but the day of scrutiny should be interpreted to be the actual determining ..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ank and 4 others of its officials for a declaration that (a) that the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the service is mala fide, illegal, void, inoperative and against the principle of natural justice and (b) for a decree declaring......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... the Sub-Registrar, Choudagram, Comilla stating that on 22.12.2009, one Mr. Kamaluddin filed an application to the Ministry of Law, Justice and Parliamentary Affairs stating that the petitioner had illegally been registering marriages of under aged girls and realizing excessive fees and the petition......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
....chineries to the defendant-company but defendant company failed to perform his part of the contract and also could not go into operation of its project. In such circumstances plaintiff-Bank under the legal compulsion issued so many money call back notices upon the defendant-company lastly, on 24.7.1...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 217
....tablishments built thereupon.
5. Being aggrieved by the aforesaid judgment and decree of the trial court the defendant preferred an appeal, numbered as Title Appeal No.177 of 2005, challenging the legality of the judgment and decree of the trial court.
6. The Additional District Judge, 1st Cou......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal institution and was functioning as a bank without any approval from the Bangladesh bank or any......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
.... public office of the Chairman of the BERC by the respondent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......ry of Power, Energy and Mineral Resources) and they shall be full-time officers of the BERC. As per section 6(4), the Chairman shall be the Chief Executive of the BERC. Section 10 provides that the status, pay and allowances, seniority and other terms of the Chairman and the Members of the BERC sh..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....ে অনুষ্ঠিত খেলার পয়েন্ট বাযেয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental righ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
....how cause why the decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect.
2. Respondent No.2 Abul Hossa......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357...
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....en defined in the Evidence Act. The definition of fraud is only to be found in section 17 of the Contract Act. Fraud property includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by wh......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....ster of Uttar Kafrul High School and appointed the respondent No.4 Mr. AKM Kader, an Assistant Teacher of the said School, in his place has been challenged as being without lawful authority and of no legal effect. 2. The case of the petitioner is that he was appointed as an Assistant Headmaster o......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made without lawful authority and is of no legal effect. 2. The petitioner was the Assistant Cashier under the Respondent 4, the Crescent Ju......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
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