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....16/74/227 dated 16-1-76 transferred the liabilities of the firm including all their properties movable and immovable and assets including all its rights and interest accrued or likely to accrue under any contract and money payable to and for the benefit of the said firm, vesting in the Government un......hid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proceed with and continue the same.
2. The suit w..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
....e, cap and umbrella in the "Imambara Area" only to show their utmost respect to the soul of the martyrs of Karbala; This is being done not under compelled circumstances as no one restricted anybody to attend the function upon wearing/using shoes, caps and umbrellas and no fatwa has ever be......hy the inaction/failure of the respondents to remove the Notice/Signboard put up on the road leading to "Sultanshi Abasik Area" Hobigonj Sadar, Hobigonj should not be declared to be without lawful authority and of no legal effect and further to show cause as to why the respondents should n..
Category: Property Law | Date: | Hits: 0
....s
Judgment
April 5, 2015
Result:
The Rule is made absolute.
Income Tax Ordinance (XXXVI of 1984)
Section 120
IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section 120 of the Ordinance and if......and incomplete return erroneously and it was prejudicial to the interest of the Government revenue. Therefore, the impugned notices issued by the IACT under section 120 of the Ordinance are lawful and the Rule is, thus, liable to be discharged.
8. In view of the submissions as advance..
Category: Fiscal/Taxation Law | Date: | Hits: 0
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....aid Jute Presses which are deemed to be abandoned properties under the aforesaid provisions of law, at the relevant time on 26th and 28th December, 1971, were owned by Helal Jute Press Limited, a Company incorporated in this then East Pakistan having its registered office at Dacca. From the last ret......es concerned, upon the an application this Court issued a Rule on 25. 3. 74 calling upon the respondents why the aforesaid notification dated 28-12-71 should not be cancelled as of passed without any lawful authority. 4. The learned Advocate for the petitioners Md. Amirul Islam appearing before..Category: Abandoned Properties Law | Date: | Hits: 7
....hellip;…………………………Respondent
Judgment
March 3, 1975
Result:
The Rule be discharged.
Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body wo......r suspending the existing (Governing Body of the Society. A Rule Nisi was issued calling upon the respondent to show cause why the aforesaid order should not be declared to have been made without any lawful authority and is of no legal effect. Pending the disposal of the Rule, the Care Taker Body, w..
Category: Constitutional Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on the court by consent. It is also well settled that ev......ha Rin Execution Case No.34 of 1993 passed by Artha Rin Adalat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the r..Category: Others | Date: | Hits: 3
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....me to time, namely, on 7. 3. 77 (Annex. B), on 11.4.77 (Annex C) and on 21.7.77 (Annex.X) In this background the order dated 28.1.77 (Annexure-A) will show the malafide of the respondents who without any application of mind and in utter disregard of the liberty of, the citizen has detained the deten......o. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follo..Category: Criminal Law | Date: | Hits: 1
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....ly having regard to the provision of section 33 in its entirety in order to satisfy the decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......isions of Section 6(5) of the Artha Rin Adalat Ain, 2003 has passed the impugned order dated 18.06.2009 and as such the impugned auction notice is liable to be declared to have been published without lawful authority and is of no legal effect. 3. Mr. Mustafa Zaman Islam, the learned D.A.G. has fa..Category: Civil Law | Date: | Hits: 37
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....mination paper on 17.09.2009, the election Board published final candidate list and found only 33 candidates for 33 posts eligible and declared 33 candidates as elected as there was no contestant for any of the posts. The election Board then published 2nd phase of the election schedule for the elect......izations, appointing the respondent No.4, the Additional Deputy Commissioner(Revenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this..Category: Business or Commercial Law | Date: | Hits: 72
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....an, KM Masud Rumy, Pratikar Chakma, Assistant Attorney-Generals - For the Respondent No.2. Writ Petition No.3071 of 2010. Judgment Md. Ashfaqul Islam J.- Zastat Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued ca......smissing the appeal and affirming the order dated 22-1-2007 passed by the Respondent No.2 vide Nathi No.4th VAT 12(35)/Zastat Ltd./CF:COM/06/115 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the issuance of the Rule..Category: Fiscal/Taxation Law | Date: | Hits: 40
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....t, the services except those mentioned in the 2nd schedule are liable to VAT and the new sub-section 5 (Kha) to section 3 empowered the respondent No.1 Government of Bangladesh to give explanation of any taxable service for the purpose of determination of the extent of such service through gazette......r the signature of respondent No.3 making administrative direction for deducting VAT at source from the earnings of the members of the petitioner No.1 (Annexure-G) shall not be declared to be without lawful authority and are of no legal effect. 2. The petitioner No.1 is Bangladesh Indenting Agent..Category: Fiscal/Taxation Law | Date: | Hits: 51
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....f the High Court the Respondent No.5, Mobarak Hossain filed an application for withdrawal of the case without their consent. The Court of Settlement served no notice to the parties whatsoever or upon any of the co-applicants. 10. The petitioners before this Court as applicants filed an applicatio......w cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant writ petition ..Category: Procedural Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....f Equipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and completed by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders passed as to this Court may seem fit and pro......uipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and completed by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders passed as to this Court may seem fit and proper...Category: Alternative Dispute Resolution | Date: | Hits: 96
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
.... presupposes proof of at least the four following ingredients: (1) the accused cohabited or had sexual intercourse with the prosecutrix; (2) knowledge on the part of the accused that the marriage, if any contracted is not lawful and binding on the parties ; (3) a belief caused in her that it was a v......at least the four following ingredients: (1) the accused cohabited or had sexual intercourse with the prosecutrix; (2) knowledge on the part of the accused that the marriage, if any contracted is not lawful and binding on the parties ; (3) a belief caused in her that it was a valid and binding mar..Category: Criminal Law | Date: | Hits: 126
....try before 1965. Accordingly the land was treated initially as enemy property and thereafter vested and non-resident property. Bimala Bala Nath or Kalipada Nath and Sudhir Kumar Nath did not transfer any land to the plaintiffs and the sale deeds produced by them were forged. They had no lawful posse......fter vested and non-resident property. Bimala Bala Nath or Kalipada Nath and Sudhir Kumar Nath did not transfer any land to the plaintiffs and the sale deeds produced by them were forged. They had no lawful possession in the suit land and that the suit was not maintainable.
On the aforesaid plead..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....f the High Court the respondent No.5, Mobarak Hossain filed an application for withdrawal of the case without their consent. The Court of Settlement served no notice to the parties whatsoever or upon any of the co-applicants. 10. The petitioners before this Court as applicants filed an applicat......ow cause as to why Order dated 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant Writ Petitio..Category: Property Law | Date: | Hits: 66
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....nder Article 102 of the Constitution does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies ......999 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 be declared to have been made without lawful authority and is of no legal effect and why the said impugned Judgment and decree dated 13-9-..Category: Procedural Law | Date: | Hits: 114
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
.... previous execution case and so, it is barred by limitation in view of the provision of section 28 of the Ain; that the application filed by the Bank for execution of the decree is not supported by any affidavit or verification and it was not signed by any authority of the decree-holder-Bank and......y authority of the decree-holder-Bank and, as such, order for Civil custody/warrant of arrest cannot be issued against the petitioners under section 34 of the Ain; that the impugned order is thus unlawful and liable to be struck down. 4. Respondent No.1, the Bank contested the rule by filing an..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....Begum.......................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rule is discharged without any order as to cost. Lawyers Involved: ARM Shahidul Islam, Advocate — For the Petitioner. ...... Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-..Category: Civil Law | Date: | Hits: 139
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....e matter also, the learned Subordinate Judge has correctly passed the impugned order for avoiding multiplicity of cases. The Order 21 rule 29 CPC reads as under‑ “where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the d...... others Vs. Anwar Ahmed and others reported in 1981 BCR (HC) 301 wherein it has been held by a Division Bench of this Court that "A decree‑holder cannot be allowed to be deprived of the fruits of a lawful decree obtained after 15 years of litigation". It appears that the similar view has been expr..Category: Procedural Law | Date: | Hits: 69
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