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A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....with Probir Neogi, Advocate-For the Respondent No.3, (In Matter Nos.01, 10 and 11 of 2008). Md. Kabir Iqbal Hasan, Advocate-For the Added Respondent No.6, (In Matter No.01 of 2008). Company Matter No.01 of 2008 With Company Matter No.10 of 2008 With Company Matter No.11 of 2008 With C......or the years 2003 and 2004 as per a SEC directive dated 4.9.2005 which has already been declared by this Court in its judgment in Matter Nos.134 of 2005 and 149 of 2007 to have been issued without lawful authority. It is submitted further that at that earlier date when the meetings for the yea..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... 10.4.2008. On query, the petitioner came to know that notices under sections 3, 4, 5 and 6 of the Ordinance were not issued/served upon the petitioner in L.A. Case No.01/2007-2008. Without executing any agreement according to section 15(1) of the Ordinance, the L.A case was started. Notices under s......re disposed of by this common judgment as they involve common questions of laws and facts. In both the Writ Petitions the petitioners challenged the L.A. Case No.1/2007-2008 to be illegal and without lawful Authority. 2. The facts of Writ Petition No.1448 of 2008, in brief, are: Because of..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....esponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiated and continued without any lawful authority and as such, of no legal effect and as to why the rule 15 of the Emergency Powe......nding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiated and continued without any lawful authority and as such, of no legal effect and as to why the rule 15 of the Emergency Powers R..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....man Corporation Ordinance, 1977 (XIX of 1977) (in short, the Ordinance) is the parent enactment. Having gone through the Ordinance, in general, and section 30 thereof, in particular, we do not find any such power of giving retrospective effect. Since both the petitioners joined the service of Bim......13 MLR (AD) 1, the Appellate Division held that the order of retirement from service made in respect of the appellant according to the provision of Regulation 11A(2) of the Regulations was without lawful authority and was of no legal effect. He further submits that Regulation No.11A was added to..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....ion 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority and of no lawful authority. 2. Short facts for disposal of the Rule are ...... 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority and of no lawful authority. 2. Short facts for disposal of the Rule are that..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
....du-speaking Muslims left their home in India and immigrated to the then East Pakistan, settled and started business in different districts. They were recognized as citizens of erstwhile Pakistan and many of them got Government Service in the then East Pakistan.
4. In course of time, many of them ......legal and liable to be struck down for having been done, presumably, by suppressing the vital fact of their nationality. Any instruction for not enrolling Non-Bangladeshi persons in the voter list is lawful.
14. It is further stated that voter list is prepared in accordance with provisions laid d..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....-in-opposition and other materials on record including the plaint of the suit and then submits that the very nature of transaction between respondent No.2, National Bank Ltd. and the petitioner-company as made in the plaint prima-facie comes within the category of “ঋণ” (loan) as provid......by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting an application under Order VII rule 10 read with section 151 of the CPC should not be declared to have been made without lawful authority and is of no legal effect. 2. The fact in brief is that the respondent No.2,..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a company represented by its Chairman, filed instant writ petition challenging the Judgment and order date......respondents to show cause as to why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a company represented by its Chair..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
............................. (2) No person shall be appointed to a specified post unless he has the requisite qualification, and in the case of direct recruitment, he is also within the age limit, if any, laid down in the schedule for the post." 5. In such circumstances the requisite qualificatio......ional Planning /Civic Design with at least two years experience as a qualified Town Planner. 16. He further submits that the impugned circular/notification dated 7-2-2004 has been issued without lawful authority and is of no legal effect, inasmuch as the said promotion of the respondent Nos. 5,..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....politan Magistrate, Dhaka showing the date of occurrence as 8.5.2005, 30.9.2005, 10.10.2005, 23.10.2005 and 25.10.2005. The petitioner by profession is a businessman, who had a deal with the said company to have financial accommodation under a contact dated 8.11.2004 for an amount of Tk. 10,00,000/-......litan Magistrate, Dhaka arising out of C.R. Case No.322 of 2005 now pending for trail in the Court of 5th Assistant Metropolitan Sessions Judge, Dhaka should not be declared to have been done without lawful authority. 2. The facts leading to the issuance of the Rule, in brief are: Responde..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....ously affected the petitioner's authority and lawful obligation and requires this Court's protection by way of setting aside the said impugned order. The learned Advocate further submitted that once any money is given to a partner of a marriage it belongs him/her and none can bring any action under...... and to appreciate the facts and circumstances of the case in its true perspective; that the judgment and order passed by the High Court Division has seriously affected the petitioner's authority and lawful obligation and requires this Court's protection by way of setting aside the said impugned ord..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... of detention bad in law and such an order cannot be justified in the eye of law, because, on account of vagueness of the grounds of detentions the detenu has been deprived of his right to submit any effective representation against his detention and explain his position.…………………......m son of late Abdul Aziz now detained in Dhaka Central Jail should not be brought before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without lawful authority or in an unlawful manner and/or such other or further order or orders passed as ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....had already refunded the compensation money on different dates to the Government as per direction of the Government but inspite of that the respondent No.1 (Secretary, Ministry of Land) did not issue any appropriate order of release of land for which the original owners are not in a position to util......d 19.10.1985 (Annexure-E-2) and (Annexure-G) and R.S. Map being Plot No.3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....espondent No.3 Sonali Bank opposed the Rule by filing an affidavit-opposition contending, inter alia, that the petitioner obtained a loan of Taka 7.50 lack on 29-4-1990 from the Bank, but did not pay any instilments up to November.1990 as a result of which interest has been added to the instilments....... are: (1) Whether section 47 read with section 60 (3) of the Ain, 2003 may be applied to a suit which was filed prior to the commencement of the Ain, 2003. (2) Whether the impugned order is lawful. 8. Perused the writ petition, affidavit-in-opposition and considered the materials on r..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
....he Customs, Excise and VAT Appellate Tribunal in Nothi No. CEVT/Case (VAT)-52/2001, which dismissed the appeal preferred by the petitioner.
2. The petitioner is stated to be a public limited company and incorporated under the Companies Act, 1913. The petitioner has got an industry at Demra Indu......law.
29. In the result, the Rule is made absolute with cost. Impugned order dated 28.04.02 passed by the Customs, Excise and VAT Appellate Tribunal is hereby declared to have been passed without lawful authority and as such, of no legal effect and accordingly, quashed.
30. Order of stay gr..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....#39;s case, is short, is as follows: The Petitioner Mrs. Zakia Doha is a Bangladeshi national who was married to late J.R.S. Doha in 1959 and since then she has been living in Bangladesh without any intermission. However, on 8th June, 1965, the then Dhaka Improvement Trust (DIT) now re......ayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned properties should not be declared to have been passed without lawful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....uota reserved for Mayor (Anne-xure-1 to the supplementary affidavit-in-opposition dated 18-9-2007). The petitioner did not apply for allotment of shops in time and, as such, it is not entitled to get any such allotment. Therefore, the Rule is liable to be discharged. 6. Mr. M Amir-ul-Islam, the l......tioner is entitled to get 100 shops but the respondents are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notification are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) o..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....actory Ltd. Vs. Chairman, 2nd Labour Court and Another, (1992) 44 DLR (AD) 272; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association 28 DLR (AD) 190; Aminul Vs. James Finlay and Company Ltd. 26 DLR (SC) 33. Lawyers Involved: A.K.M. Badruddza-For the Petitioner (In all the...... Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been passed without lawful authority. 3. On the date of issuance of the Rule Nisi, the operation of the impugned ju..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
.... the Judgment and decree passed by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy.......1999 passed by the learned Additional District Judge and Bankruptcy Court, Dhaka in Bankruptcy Suit No.14 of 1999 so far it relates to the petitioner should not he declared to have been made without lawful authority and is of no legal effect and why the said impugned Judgment and decree dated 13.09..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....nstitution shall remain suspended during emergency and accordingly, submitted that this writ petition concerning the fundamental rights since suspended during the emergency could not be enforced by any Court of law and, as such, he submitted that these appeals could not be heard until the proclama......ers to remove the building within 10 days failing which the writ-respondent threatened to demolish the writ-petitioners' building "Rangs Bhaban" should not be declared to have been passed without any lawful authority and is of no legal effect. It further appears from the main grounds that the writ p..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
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