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Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....ction 2 of the Artha Rin Ain, 2003 (shortly, the Ain) also includes a guarantor. Thus, it is clear that the legislature included the guarantor within the definition of loanee and so the CIB report is legal. The writ petition is misÂconceived and the rule is liable to be disÂcharged. 10. The...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are disÂmissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
....ed the company filed Writ Petition No.1119 of 2004 and the High Court Division by the judgment and order dated 06.04.2004 made the Rule absolute declaring cancellation of the registration by BOI as illegal and in Civil Petition for Leave to Appeal No.856 of 2004 filed by the writ petitioner for expu......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modificaÂtion.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132...
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....ta: dated 14.08.2003 issued by the respondent No.5. Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- "Let a Rule Nisi issue calling ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
....16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without givÂing benefit of pension and gratuity etc. and it is alleged that......r Development Board challenges the judgment and order of the labour court and those of the High Court Division, involving point of law as to whether the respondent Golam Nabi was an employee with the status of a regÂular staff or a labour and whether the proÂvisions of Employment of Labour (Standi..
Category: Labour and Industrial Law | Date: | Hits: 110
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....wner could not be declared as abanÂdoned property and as such the inclusion of the property in the 'Kha' list of abanÂdoned building has been done without any lawful authority and the same is of no legal effect and leave was granted to conÂsider the submission. 7. We have heard Mr. Mahbubey Al......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....d money and he constructed pucca building thereon. While Md. Sadeq was in possesÂsion of such land he died leaving behind 2 wives, 5 sons and 3 daughters and his father Munshi Imamuddin Dewan as his legal heirs and successors. Munshi Imamuddin Dewan was an old man of 85 years who had practically lo......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... petitioner before the tribunal and the Administrative Appellate Tribunal allowed the appeal in pail with modifications. 8. In the above facts and circumstances of the case, we do not find any legal infirmiÂty  in the impugned judgment of the Administrative Appellate Tribunal. The ...... not find any legal infirmiÂty  in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
....eclaring the action of the revenue levying VAT on the fees and commissions of the writ-petitioners who acted as Pre-shipment Inspection Agencies to have been passed without lawful authority and of no legal effect.
2. In Writ Petition No.3475 of 2002 the writ-petitioner impugned the Memo, being à¦......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ll be slow in granting consequential relief under section 498 on an application for anticipatory bail. The reasons of these respondents-petiÂtioners for anticipatory bail are misconceived and has no legal footing. In that view of the case, this leave petition is disposed of and Criminal Misc...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..Category: Others | Date: | Hits: 81
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....Jalal Uddin Chowdhury and others………………Respondents Judgment March 17, 2009. The Dhaka University Order, 1973 (President's Order 11 of 1973), Article 52 An appointment made by a legally constituted committee under Dhaka University Order, 1973, can be reviewed and set aside only...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
.... arbiÂtrary (c) there was no objective basis of fixation of the value of CDSO and CPO, imported by the respondents for the purpose of assessment of cusÂtoms duties (d) the customs officials acted illegally in giving direction to the respondents to declare value at a value which the authorities fix......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observaÂtion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....o more a judicial officer and is not entitled to return back to his former service, but for that matter is not clear at all as to why and how his appointment as Secretary-in-charge shall have to be Illegal. The post of the Secretary of the Ministry of Law, Justice and Parliamentary Affairs is not a ......er post in the Ministry of Law is not a substantive judicial service post. The Judicial Officers in the Ministry of Law hold the post of Assistant Secretary to Joint Secretary only on deputation. The status of Judicial Service is constitutionally defined under Article 152 as being a service comprisi..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....f the State Acquisition and Tenancy Act, is a special provision and accordingly held that the deposit not being made within time allowed, there is no scope to extend such time and deposit made is not legal and that the high court division arrived at an erroneous decision since failed to appreciate t....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....nd was never sold in auction. The suit land originally belonged to Proshanna Kumar Dey, the husband of Matang Moyee and this Prosanna Kumar Dey died leaving behind only son Sachindra Kumar Dey as his legal heir and his widow Matang Moyee was not entitled to get any property except life interest. Sac......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....ed First Appeal Nos.108 and 203 of 1995 and the High Court Division after hearing dismissed both the appeals holding inter alia, that Additional Deputy Commissioner (Revenue), Dhaka was competent and legally authorized, to execute and register the deed of exchange (settlement) and it is not necessar......hased the disputed land in 1974 bona fide purchasers for value without notice the deed of settlement cannot affect the title of the appellants. No issue was joined by the parties as regards the enemy status of the disputed property and the High Court Division, having found the disputed property not ..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....king action under this code that some person whether known or unknown, has committed an offence, but it does not include the report of a police officer." (The underlining is for emphasis). 11. The legal position as deduced from the above discussions is that in case of any contravention of any pro......thereÂfore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....ition No. 4219 of 2005 praying for a declaration that the continuation of Artha Rin Suit No. 73 of 2004, pending before the Artha Rin Adalat, Cox's Bazar, is without lawful authority and of no legal effect relying on the aforesaid grounds and that the High Court Division issued a Rule t......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....increase in the cost of maintenance of the Bigraha but on request the petitioner has been receiving the rent of TK.2000.00 per month till 2005 and from 2005 respondent No.7 did not pay any rent and illegally possessing the case land but respondent No.7 assured to pay the dues of rent but did not pay......the above, we find in subÂstance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...Category: Tenancy Law | Date: | Hits: 214
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....operty should not be treated as enemy property. The High Court Division also erred in failing to hold that as the defenÂdant No.1 did not leave the country before 1965 the suit property could not be legalÂly held to be an enemy property, particuÂlarly when it was not the case of the Government th......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....he Government totally ignoring this aspects by not giving to lease out particularly to genuine shrimp cultivator as a highest bidder as per Government Nitimala and thus suffer from a patent illegality, legal infirmity and flagrant error of law warranting interference by this Court. ......Advocate, appearing for the petitioner submitted that the High Court Division adopted wrong procedure by not giving the preferential relief to genuine shrimp cultivator though directed to maintain status quo in respect of possession in favour of plaintiff -petitioner but the Government and ..Category: Property Law | Date: | Hits: 88
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