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Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....-6-2005 purported to have been issued by the respondent No.2 was left at holding No 1/2/E, South Kamalapur, Dhaka stating therein that a semi pucca building has been built at the said holding without any approved plan. The petitioner was required to submit the said plan to the respondent No.2 within......respondent No.2 (Annexure-G) directing the petitioner to demolish the existing structure of the petitioner on holding No.1/2/E South Kamlapur, Dhaka should not be declared to have been issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khat..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....a Begum relied upon the statement made in paragraph No.4 of the affidavit-in-opposition wherein it has been stated that the entire income shown by the Assessee-applicant as loan from bank was without any basis and hence the DCT rejected the income shown. The DCT in other count estimated rent on the ......sources, since the source of the income was disclosed by the Assessee-applicant and accepted by the DCT concerned and therefore the treating of the loan amount as income from other sources, not being lawful, the 1st Appellate Authority and the Taxes Appellate Tribunal was required to interfere with ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....s designated as Flood Flow/Sub- Flood Flow Zone area within which Ameen Bazar area under Savar Police station has fallen as part of Sub- Flood Flow Zone. The DMDP has identified that there have been many private development schemes approved by RAJUK specially in the Ameen Bazar area on the south of ......ntial etc. Section 74 provides for publication of the Master Plan by notification which shall be conclusive evidence that the Master Plan has been duly made and approved and, thereafter, it will be unlawful for any person to use any land for any purpose other than that laid down in the Master Plan.
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Category: Environmental Law | Date: | Hits: 434
....onal Divisional Commissioner, Chittagong Division, Chittagong who by the impugned order dated 21.09.1997 dismissed the appeal.
4. Since the Chittagong Hill-tracts Regulation, 1900 does not provide any provision directly or indirectly to file revision against the order of the lower Appellate Court......Division in Money Appeal No.104 of 1997 affirming the order dated 18.08.1989 passed by the Deputy Commissioner, Rangamati in Money Suit No.33 of 1989 shall not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Civil Law | Date: | Hits: 74
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....he same had been fraudulently suppressed. Second-opposite party Torab Ali is not the agent (Karjkarok) of plaintiff-opposite party and, as such, Second opposite party got no legal authority to accept any summons on behalf of plaintiff-opposite party. Predecessor of petitioners obtained ex parte orde......opposite party asserted that service of summons upon him in Pre-emption case had been fraudulently suppressed and service upon defendants-Second opposite party on his behalf is not at all a valid and lawful service and for non-service of summons he was kept quite in darkness of the whole pre-empti..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ree of the Court and the proceedings of Money Execution Case No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the ......of the Court and the proceedings of Money Execution Case No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the peti..Category: Civil Law | Date: | Hits: 70
....belonged to Krishna Chandra Saha, Harish Chandra Saha, Balaram Saha and Khetra Mohan Saha in four equal shares. The petitioners are their descendants and successors-in-interest. Their predecessors or any of them did not sell any land to any other person. As the D. P. khatians were wrongly prepared i......accordingly these are made absolute. The impugned order dated 17.8.2011 passed by the Zonal Settlement Officer, Commilla in Miscellaneous Case Nos.12-13 of2011 is declared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlu..
Category: Property Law | Date: | Hits: 65
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No.1 is a company engaged in jute mills business and petitioner No.2 is its Managing Director. Petitioner No.1 has...... as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Bank under the Borrower Code No.4999 as mentioned in Annexure-A should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to delete ..Category: Civil Law | Date: | Hits: 112
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... of the respondent No.2, Commissioner of Taxes opposing the Rule. In the affidavit, it is mainly stated that the question of introduction of fresh capital of taka 13,75,000.00 was never considered in any of the assessments. 8. The facts stated hereinabove do not admit of any controversy. It appea......ion 120 of the Ordinance for revision of the assessment which was concluded by the order of the Appellate Tribunal and binding on everybody including him. Such notice was therefore issued without any lawful authority. 17. In the result, the Rule is made absolute with cost. Impugned notice dated 0..Category: Fiscal/Taxation Law | Date: | Hits: 94
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....at in passing the impugned order, respondent No.2 did not comply with the mandatory provision of section 10 (1) of the Trade Organization Ordinance, 1961 (hereinafter called the Ordinance) by serving any notice in writing and affording the existing executive committee any opportunity to make represe......e committee by a letter dated 29.11.2010 (annex-G to the writ petition), but respondent No.2 without canceling or nullifying the said election passed the impugned order, which was illegal and without lawful authority. The impugned order was not addressed to the previous or present executive committe..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ernment in its cabinet meeting held in May, 1976 had decided to give allotment of rehabilitation plots to those whose land was acquired by the Government in a particular area and who had not received any plot in any of the residential area in Dhaka city. Since Abeda Khatun was an affected person, th......t in favour of deceased respondent No.7 Kofiluddin. 2. Facts leading to issuance of the Rule, in brief, are that the petitioners’ predecessor-in-interest Abeda Khatun and her co-sharers were the lawful owners in possession of a piece of land measuring .6343 acres at Mouza Ibrahimpur, Dhaka Cant..Category: Property Law | Date: | Hits: 82
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d 15.9.2011 (annex-C to the writ petition) signed by the Deputy Secretary, Branch-8 of the Ministry (herein respondent No.6). The writ petitioner claimed that the order was passed without serving him any prior notice and assigning him any reason whatsoever. 3. Bangladesh represented by the Secret......ancelled his license forfeiting the security money in utter violation of section 14 (1) of the Ordinance. The impugned order having been passed in violation of principle of natural justice is without lawful authority. 5. In course of hearing, Mr. A. M. Aminuddin, learned Advocate appears as a sen..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....13. However, we do not find that the seven members nominated by the National Sports Council are not competent to be the members of the general body of a Divisional Sports Association or that there is any procedural illegality. In absence of any such illegality or lack of jurisdictional fact, the imp......ist of 14 sports organizers including the petitioner to the National Sports Council to nominate seven members among them as members thereof. Accordingly the National Sports Council in exercise of its lawful authority nominated seven members of the general body of Sylhet Divisional Sports Association..Category: Others | Date: | Hits: 94
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
.... vested right. The decision of withholding the payment of Government portion of salary falls on the petitioner by way of punishment and punishment cannot be imposed upon the delinquent without giving any opportunity on being heard………………………….(9 & 8) Lawyers Involved: Md......he stoppage of Government portion of the salary to the petitioner from May, 2005 as shown in the Monthly Payment Order (MPO) of May, 2005 (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect. 2. It has been stated in the writ petition that the p..Category: Employment/Service Law | Date: | Hits: 119
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ar is not a suitable place in view of the fact that it goes under water almost every year and it is threatened by river erosion and given this scenario, the respondent No.1 ought not to have accorded any approval for construction of the new Complex Bhaban on the old site. 8. Mr. Md. Shafiqul Isla......he signature of the respondent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..Category: Administrative Law | Date: | Hits: 261
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.......Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the company he cannot......t no one furnished any indemnity bond for the release of the cargo. The defendant vessel arrived at Chittagong Port on 30‑3‑96 and it is stated in the plaint that the defendant Nos.1 and 3 had no lawful authority to deliver the cargo to any one without the production/surrender of the shipping do..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
.... by confirming authority. 6. Mr. Manzill Murshid, learned Advocate appearing in support of the Rule submits that since the matter has been dealt with by a Court martial there cannot be any further criminal prosecution in view of Article 35(2) of the Constitution. However, he points ou...... on the relevant date there was no provision for buying a ticket and entering into concourse hall in order to go to the checking of the counters of the various air lines and that Rezwan Hossain was unlawfully admitted by the security personnel at Gate No.27. It further appears that Mr. Rezwan Hossai..Category: Others | Date: | Hits: 87
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... The State…………………………………Opposite Party Judgment August 22, 2010. Result: The rule is discharged. The Penal Code, 1860 (XLV of 1860), section 405 To bring any person within the mischief of section 406 of the Penal Code, 1860, there must be "entrustment wi...... or 'dominion over property' may be acquired 'in any manner' as stipulated in section 405 of the Penal Code. The law markers, out of their wisdom, used the expression 'in any manner' instead of 'in a lawful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'dominion over prop..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....iction of the High Court Division under section 561A of the Code of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for sec......erson duly authorized either by Government or Bangladesh Bank as required under section 23 of the Foreign Exchange Regulation Act, 1947 and that police lodged the FIR which is unauthrized and without lawful authority. It is further contended by the defence that a person is authorized to keep upto $5..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Therefore, as per section 34(12) the petitioner cannot be put to Civil imprisonment for the second time and for that reason we hold that the order impugned against is ex-facie illegal and without any lawful authority and is of no legal effect. 9. With these observations the Rule is made absol......007 issuing warrant of arrest (Annexure-B) in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and Order XXI Rule 37 and section 56 of the Code of Civil Procedure shall not be passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Civil Law | Date: | Hits: 134
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