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Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ar due to lack of raw materials caused by the delay of the defendant No.1. 3. It was further averred that the defendant Nos.1 to 4 are trying to inbond the merchandise on the basis of illegal supplementary IGM and the defendant No.5 inspite of legal notice from the plaintiff dated 25......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
....a illegally and as such the writ petitioner filed the writ petition praying for declaring the memo dated 22. 04.2004 issued by the respondent No. 2 forming the trust managing committee to be illegal and without lawful authority. 4.The rule was contested by the respondent No.1 stating...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....t Registrar, Divisional Co-operative Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner, in the writ-petition, are to ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....cretionary power. As a consequence, the impugned orders in Annexure-P, Q and R flowing from such amendments are indeed to be held as being issued without lawful authority and to be of no legal effect. Consequently, this Court finds that all employees of the project engaged in Phase-I o......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....t the writ petition itself is not maintainable challenging the selection of the respondent Nos.1 to 3 and another (of Civil Petition for Leave to Appeal No. 612 of 2005) inasmuch as there was no illegality nor any irrationality or procedural impropriety in the selection and in this connection he......without holding any written examination. 16. Lastly he submits that in the meeting of PSC dated 27 April 1993 it was decided to include a representative from the department concerned of the status of joint Secretary or above in the board constituted for the interview but that having ..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....Ali, learned Senior Advocate appearing for respondent No. 1 opposed the petition submitting, inter-alia, that the petitioner has no locus standi to be impleaded as party in the civil revision as no legal right has been acquired in his favour and as such the petition has no substance. 8. We......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....ed Senior Advocate in support of the petition submits, inter alia, that before ascertaining any title or possession of the plaintiff respondents the learned Assistant Judge committed serious illegality in allowing the application for mandatory injunction directing the respondent petiti......that an order of mandatory in junction is very sparingly allowed. It can be granted if any body is dispossessed in violation of the order of injunction but in the instant case there was no order of status quo as alleged by the plaintiffs and that the plaintiff respondents having been evicted by t..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.... Chakraborty on 28.4.69 and 1.7.69 the plaintiffs acquired no title to the suit appellate court totally ignored the findings of the trial court and that failed to consider the factual and legal aspect of the case as discussed by the said Division, in affirming the judgment and decree pa......een released as per decision of the Council of the Ministers in 1991 and thereupon this Division asked the learned Additional Attorney General to obtain report from the Government as to the status of the land in suit. The learned Additional Attorney General on 9.11.2003 requested the Secr..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....m J Amirul Kabir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 L......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....e out of a Rule issued calling upon the respondent to show cause as to why the impugned order dated 3rd of July, 1996 should not be declared to have been made without lawful authority and is of no legal effect and as to why the respondents should not be directed to levy and collect the customs d......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....fs including the plaintiff No. 9 and, as such, the judgment and decree passed in the suit on the basis of the deposition of the PW 1 and affirmance thereof by the High Court Division was being not legal and, as such, the same is liable to be set aside. The other contention was that the High Cour......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....gers in the suit plot long after the plaintiff's purchase", that entire suit plot is not the undivided dwelling house of the defendant No.1, that defendant No.1 "is not legally entitled to buy out the plaintiff's share in the suit plot under section 4 of the Partition......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....ny Act have been challenged in several writ petitions out of which some have already been disposed of declaring that the above section 15(Ka Ka) and BRPD Circular No.12 of Bangladesh Bank are of no legal effect and those were issued without lawful authority; against the above judgments Bangladesh...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....ained satisfied with the judgment under appeal displaying certain purely religious sentiments which a Court of law established by law has nothing to do and on my perusal of the impugned judgment no illegality is apparent therein to be interfered with, I am of the view that the provision of Article 3......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....damages to the construction materials which remaining under the open sun got rusted, Taka 4,37,000 against the profit which he could have earned if the works would have been completed; accordingly, a legal notice dated 4-3-1989 was issued upon the Port Authority under the instruction of the responde......ndra Narain Choudhury reported in AIR 1967 SC 1124, the trial Court on consideration of the entire evidence and subsequent conduct of the parties came to the conclusion that there was no severance of status of Bigendra Naryan from his uncle Bidya Narayan and with that view the High Court agreed. The..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
.... Subordinate Judge and Artha Rin Adalat decreed both the suits against the defendant-petitioner and the respondent No.2 for the amounts claimed with interest of 16% per annum. Calling in question the legality of the aforesaid judgments and decrees in both the suits Writ Petition Nos. 3260 of 2001 an......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....ling them without payment of duty; that after unsuccessfully moving an appeal and revision the company deposited on 31st July, 1985 a sum of Tk.24,66,088/45 paisa as outstanding dues and accepted the legal position as enunciated by the Board of Revenue without challenging the same before any Court o......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....eres in a co-sharer because of co-sharership in the land or holding and as such is amenable to be waived or relinquished by consent, conduct or acquiescence even before the sale actually lakes effect legally. Secondly, he submitted that the learned Judge having himself noticed that the courts below ......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... has not been proved by adducing evidence except statement in the ejahar. When the occurrence has not been proved there is no reason to find that the offence is proved and the 164 statement not being legally proved, the appeal is allowed and the accused are acquitted…………..(9 & 10) Law...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
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