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....9-1997, Annexure “D” to the writ petition and the letter dated 14-8-2000, Annexure “D 1” to the writ petition should not be declared to have been passed without any lawful authority and of no legal effect, The Rule was also in terms as to “why the respondents should not be directed, to iss......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
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Category: Fiscal/Taxation Law | Date: | Hits: 108
....f Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh (Annexure-D) should not be declared to have been made mala fide and without lawful authority and is of no legal effect.
2. The case of the petitioner, briefly, is as follows:
The petitioner is an Advo......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....o demanded further security though the entire project was under the security and mortgage with the bank the value of which is over Taka 50.00 lac. It is the case of the plaintiff that the bank most illegally realised IDA credit amount from the cash credit amount though these are under two separate a...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....n 12, Mirpur Housing Estate under Police Station Pallabi, Dhaka into residential plots, community centre and police station should not be declared to have been made without lawful authority and of no legal effect and why they should not be directed to develop the same vacant space as a park and/or s......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
.... VAT/Shah Dairy/96/1313 dated 16-6-98 and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materia...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
....) rejecting the case and its publication in the official gazette dated 23-9-86 at page 9762(16 1) at Serial No. 81 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioners in the application under Article 102 (2) (a) (i) of the Constitu......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....mstances of the case and having regard to the facts that the President of the 2nd Ad hoc Governing Body was not nominated by the Board, as required by the Regulation, 2009, and thus was ex facie an illegal appointment. 8. We have considered the leave petition, impugned judgment and order and the ......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....oner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respondent No. 2 should not be declared to have been made without lawful authority and to be of no legal effect and/or such other of further order or orders passed as to this Court may seem fit and p...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....delivered in Writ Petition No. 2885 of 1998 of the petitioner No. 1 and judgment of other writ petitions were also delivered thereafter (Annexure A-A6). It has been contended that although it was the legal obligation of the respondents to make advance allotment of plots before acquisition but it has......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....hibit 1 and was not denied in the written statements of the defendants and proved by oral evidence of the plaintiff's witnesses and the court of appeal below without considering those evidence most illegally refused to decree the suit on the assumption that the pathway was not sufficiently identifia......t, however, any order as to cost. The impugned judgment and decree of the court of appeal below are set aside and those of the trial Court are restored. The suit is decreed as prayed for. Order of status quo granted earlier at the time of issue of the Rule on 20-4-1999 is hereby recalled and..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
.... of Settlement, Dhaka in Case No. 377 of 1995 (Kha-72: Block 'D', Mohammadpur, Dhaka), Annexure-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....ant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vide Memo No. HO/ADMN/DD/91/6-B dated 5-1-1991 issued by the petitioner-defendant No.3 is illegal, malafide, inoperative and without legal effect and that the plaintiff-opposite party No. 1 is...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ntention raised by the learned Advocate is that the respondent bank instead of complying with the said recommendation dated 29-9-1992, vide Annexure 'B’ instituted a mortgage suit which is wholly illegal and without lawful authority. 6. The third and last contention being posed by the learned A......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....r the above circumstances, the plaintiff bank wrote letter to the defendants requesting them to make payments' of the installments and on 20th July, 2000, the plaintiff bank through its lawyer sent a legal notice but no positive step was taken by the defendants. The amount of unpaid outstanding loan......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
....ard to grant necessary permission to Matrai Model College of the respondent and refusing to declare the impugned orders granting permission to Matrai Science and Technical College of the petitioner illegal to avoid hardship and dislocation in the process of acquiring and imparting education to the s......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194...
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....1.02.2009, passed by the High Court Division in Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged the legality of the notice for auction sale of the properties of the petitioners, published in the Daily......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
....as have been in place from 2001 onwards. At the time that the Petitioner Company (hereinafter referred to as the "Petitioner") embarked upon its operation as a distributor in Bangladesh in 2004 the legal and administrative regime in this area was being governed by the "কেবল টেলিভ......d 30-11-2006) at a time well within the validity period of the licence issued on 7-6-2006, the petitioner in adherence to the requirement of section 4(2) of the Act and equipped in its newly acquired status of an existing licensee on the date that the Act first came into effect, duly and within the ..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....cquisition and Tenancy Act by the trial Court was in form and not in substance. In such view of the matter, it cannot be said by any stretch of imagination that the learned trial judge committed an illegality in converting the preemption case into one under section 24 of the Non Agricultural Tenan......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....tiff on many occasions approached to defendant to waive second and third instalments with interest for 62,10,217 but with no effect. Finding no other alternative, on 234-1994 the plaintiff served legal notice to defendant to waive second and third instalments with interest and to remove unauthor......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......and order dated 16-2-2005 passed by the learned Joint District Judge, 2nd Court, Lalmonirhat in Other Suit (Partition No.1) of 2005 allowing the petition filed by the plaintiff-respondent to maintain status quo till disposal of the suit. 2. Fact necessary to dispose of this Miscellaneous Appe..Category: Property Law | Date: | Hits: 46
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