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State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... conflict with the law, is to be found in the Children Act, 1974. It is a fundamental aspect of the Children Act that children are not to be kept in custody within the prisons, during the pendency of any trial of the child. The law permits the Court to enlarge any child alleged to have committed a n...... pendency of their trial, if they are at all to be kept in custody. 12. We find that these children held in the prisons, whose age is below 16 years, are being held there illegally and without lawful authority and are to be removed from prison forthwith. 13. With the above observations..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....gnature of respondent No.3 (Annexure-A to the writ petition) shall not be declared to have been issued without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 1991 and/or such other or further order or orders passed as to this Court may seem fit and ......e as to why the impugned Memo No. BRPD(R-2)651/9(3) Kha/2009 dated 24-3-2009 under the signature of respondent No.3 (Annexure-A to the writ petition) shall not be declared to have been issued without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 19..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....respondent No.2 under section 55(3) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued without any lawful authority and is of no legal effect. 2. The back ground leading to the issuance of t......ondent No.2 under section 55(3) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued without any lawful authority and is of no legal effect. 2. The back ground leading to the issuance of the R..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....at the petitioner is a business man and a regular tax payer of the country. He is the owner of a group of companies. The petitioner earlier in the year 1987 joined in service at Titas Gas T&D Company as Meter Reader and had been placed as OSD in 1989 & in 1996 the petitioner had been termina......ements against, the complaint made against him of being owner of a wealth of hundreds of crore of Taka in the office of Respondent No.3 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Briefly the facts necessary for disposal of the ..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... children, do their daily work within the ‘bidi’ factories inhaling air polluted by tobacco dust and how large quantity of nicotine has been detected in their blood system. It also describes how many of the workers fall prey to various chronic diseases such as Asthma, TB, Jaundice, Bronchitis, K......prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall apply to compulsory labour. (a) by persons undergoing lawful punishment for a criminal offence; or required by any law for public purpose. The Labour A..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....……Respondents Judgment August 24, 2010. Result: The Rule is disposed of. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); sections 7/9(1)/30 When any information, either verbally made before the police, or in writing, regarding a cognizable offen......tions of the respondents in not transferring the Motijheel Police Station Case No.01 dated 1-3-2010 from the Motijheel Police authority to CID or DB should not be declared to have been done without lawful authority and of no legal effect and why the respondents should not be directed to transfer t..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....Annexure-G) setting-aside the judgment and decree dated 7-8-2008 (Annexure-D and D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the ru......xure-G) setting-aside the judgment and decree dated 7-8-2008 (Annexure-D and D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
....i-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989
Principle
of natural justice and the necessity to issue show cause notice before the
termination of service of an employee of any statutory body
The doctrine of audi
alteram partem is applied even though the statute is s......d for frustrating earlier judicial proceedings and being
violative of the fundamental rights of the petitioner as well as the principle
of natural justice should not be declared as illegal, without lawful authority
and is of no legal effect.
2. Short facts
necessary for disposal of the Rule..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... Adalat is to pass specific order of Civil imprisonment for a specific period.………………(10) There must be a distinction between the accused of a criminal case and the Judgment-debtor of any Civil proceeding. Even if any Civil imprisonment under section 34(1) of the Artha Rin Adalat A......no bar in maintaining this writ petition. 15. In the circumstances the rule be made absolute on contest without any order as to costs. The impugned orders be declared to have been passed without lawful authority and are of no legal effect. However, the Adalat concerned can proceed with the..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
.... leave to the appellants. Therefore the Office Order dated 26th April, 2003, annexure-H to the supplementary affidavit, has been acted upon and in that view of the matter, we are not inclined to make any academic discussion touching to the merit of the case. 4. It will not be out of place to me......ch of the High Court Division issued a rule nisi on 10th December, 2002 calling upon the writ respondents to show cause as to why the aforesaid orders should not be declared to have been made without lawful authority and are of no legal effect. No interim order of stay was made at the time of issuan..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
....ent the imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declar......ppropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declared to be without lawful authority and is of no legal effect and or violative of fundamental rights as guaranteed unde..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....4,049 through treasury challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobiles Limited, is a limited company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat author......Result: The rule is discharged. Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petiti..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....fugitive from justice. 13. Fortified with all these decisions as discussed above we hold that the instant writ petition is not maintainable and accordingly the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court at the time issuance of t......sentence dated 15.05.2008 passed in Special Case No.11 of 2008 (arising out of Gulshan P.S. Case No.26(1)08 by the Special Judge, Court No.7, Dhaka, Should not be declared to have been passed without lawful authority and is of no legal effect. 2. None appeared for the petitioner when the matter..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
.....5 and 6 are the owner of this 56 decimals of land. 5. The case of defendant Nos.1 and 2 spelt out in one paragraph i.e. paragraph 6, in which these defendant Nos.1 and 2 denied the existence of any kabala in favour of the predecessor of the plaintiffs and further stated that Pach Kori Das befo...... may treat such properties as enemy or vested properties and take over possession thereof in accordance with law subject to the legitimate rights of co-owners, co-sharers and bona fide transferees in lawful possession therein. But before a property is treated as vested property on the basis of a V.P..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....mmercial Area, Dhaka and others………………Respondent Judgment March 25, 2010. Result: The Rule which is discharged. Cases Referred to- Bombay Sweets and Company Ltd. Vs. President, Appeal Tribunal, 5 ADC 478; RM Oil Refinery Ltd. Vs. Appellate Tribunal, Cu......0.00 upon the petitioner-company under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts leading to issuance of the Rule, in short..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....in force on the date of presentation of the ex-Bond Bills of Entry dated 12.07.2007 (Annexure-G, G-1 and G-2).
3. The short facts leading to issuance of the rule, are that, the petitioner is a company incorporated under the Companies Act, 1994 engaged in the business of manufacturing edible oils ......7.2007 (Annexure-G, G-1 and G-2) passed by the respondent No.3 on the ex-Bond Bills of Entry No.238393, No.238396 and No.238397 all dated 12.07.2007 should not be declared to have been passed without lawful authority and are of no legal effect and why they should not be directed to assess the petiti..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....৭(অনুঃ-২)/৪৭৭৬ dated 8.7.07 was issued upon Majibar Rahman Sarwar directing him to submit his statement of wealth which he possesses in his own name or in the name of his wife or any dependent within seven days. Thereafter, the First Information Report (FIR) was lodged on 31.10.......on Act, 2004 and Rule 15Gha(5) of the Emergency Power Rules, 2007, corresponding to G.R. No.880 of 2007, now pending before the Chief Judicial Magistrate, Barisal should not-be declared to be without lawful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings o..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....d upon Ahmed Akbar Sobhan (Shah Alam) as principal accused directing him to submit his statement of wealth, which he owns and possesses under his own name or in the name of his wife, son, daughter or any other members of his family or under any other name. On 9-12-2007 first information report (FIR)......(2) and 27(1) of the ACC Act, 2004 read with section 109 of the Penal Code, now pending before the Special Judge, Court No.1, Dhaka should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of t..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....lso exporting ready made Garments under back to back L/C. 3. The Respondent No.7 International finance investment and Commerce Bank Ltd. Elephant Road Branch, Dhaka is the financer of the company. The petitioners in course of their business-opened letter of credits for importing various goo......rs. In such event the CIB embargo imposed upon the petitioners created hurdle to continue their running business with out any reason. 9. He lastly submits that the impugned embargo is without lawful authority inasmuch as exercise of statutory power by the public functionaries relying on a ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....ATE/270 (2) Stha dated 25-1-1995 issued by Deputy Director (Estate), Rajdhani Unnayan Kartipakha, Dhaka as void, ineffective, illegal and not binding on the plaintiff. Also for a decree for declaring any and all sale deed(s) executed and registered by defendant No.1, purportedly on behalf of plainti......e plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. Plaintiff also prayed for decla..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
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