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....005 passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short......passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are..
Category: Criminal Law | Date: | Hits: 143
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....and others……………………………Respondents Judgment October 11, 2010. Result: The Rule is made absolute. The Customs Act, 1969 (Act No. IV of 1969); Section 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty......1374 dated 22-06-2003 (Annexure 'A-2') issued by respondent No.3 seeking encashment of the bank guarantee No. BASB/L-GTEE/00001/2001 dated 23-3-2001 should not be declared to have been issued without lawful authority and is of no legal effect and as to why the respondents should not be directed to r..Category: Fiscal/Taxation Law | Date: | Hits: 194
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ng the detenue to police custody for 5 days. The learned Chief Metropolitan Magistrate allowed the detenue to be remanded to police custody for 3 days by his order dated 23-10-84. Failing to make out any specific case the District Magistrate; Chittagong at the instance of the police arbitrarily an...... the President. Sd/27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... 15, 1996. Result: The petition is rejected. Article 102 of the Constitution can be invoked only where the petitioner's right has undisputedly accrued either under the Constitution or under any legal instrument and such right has not been given effect to. Any letter, which is not a legal i...... of Rule against the respondents directing them to show cause why Memo No.BD/LC/92‑28/95/43 dated 25‑1‑96 directing them to vacate the case land should not be declared to be illegal and without lawful authority. 2. The petitioners challenged the validity of keeping under acquisition unutili..Category: Property Law | Date: | Hits: 67
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... conditions of service of a person in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments. Article 117(2), on the other hand, debarred any Court to entertain any proceedings or make any order in respect of any matter falling within the...... case but the Court is to be on guard so that the great deal of value of the right given under Article 102 is not frittered away or misused as a substitute for more appropriate remedy available for unlawful action invoking no infringement of any fundamental right...............................(14) ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....cquisition of the land in question in LA Case No.90 of 1965-66 is a nullity in view of the fact that the same was not acquired for public purpose. The law did not authorize the respondents to acquire any land other than public purpose. He submits that, in fact, after making de requisition of the lan......15-11-2003 asking the petitioner to vacate the land in question showing the same to be acquired in LA Case No.5 of 1972-73 within 7 days should not be declared to have been made illegally and without lawful authority and is of no legal effect. 4. In Writ Petition No.1973 of 2005 the petitioners..Category: Property Law | Date: | Hits: 89
....……………Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Result:
The Rule is made absolute without any order as to cost.
Lawyers Involved:
Tanjibul Alam with Abu Khaled Al Mamun, Advocate...... appellate authorities. By an order dated 13-9-95 said revision authority rejected the revision on the view that the petitioner already deposited tax and the demand issued by the Deputy Collector was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. The..
Category: Administrative Law | Date: | Hits: 491
....n passed without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be put thus:- First party -Respondent Nos. 2-11 while serving under the petitioner company jointly filed I.R.O. Case No.1 of 1997 in the Second Labour Court, Chittagong (Respondent No.1) ...... order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be p..
Category: Labour and Industrial Law | Date: | Hits: 190
....nts to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nomination paper should not be declared to have been made without any lawful authority and of no legal effect.
2. Rule in Writ Petition No.2123 of 1994 was issued ......to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nomination paper should not be declared to have been made without any lawful authority and of no legal effect.
2. Rule in Writ Petition No.2123 of 1994 was issued at t..
Category: Election Law | Date: | Hits: 600
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) Since it has already b......he official gazette that the LA case No.12/1996-97, in so far it relates to the petitioner's property, stands abated/revoked in compliance with section 12 of the Ordinance should not be declared as unlawful and without lawful authority and is of no legal effect and unconstitutional being violative o..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petition to be filed as a precondition to exercise the power to order further investigat......gn the false document dated 19-1-2005 or any other documents in connection with the credit facilities and that the signature was a forgery. Secondly, he stated that World Tel Holding Ltd, and it is lawful representatives never discussed, acquiesced to, permitted or agreed to the credit facility or..Category: Criminal Law | Date: | Hits: 124
....ng his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitioner, a Private Ltd. Company, was granted a licence to import 4000 MT of rice from Japan. AHM Khorshed Ali, Chairman, Hotel A......102 of the Constitution impugned publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition a..
Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....nue and others………………………Respondents Judgment April 8, 2012. Result: The Rule is disposed ofwith observations and direction. Case Referred to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Government of Bangladesh, 2 MLR ...... Customs, Customs House, Dhaka i.e. Respondent No.7 so far as it relates to the writ petition (as contained in Annexure-1 to the writ petition) shall not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is t..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
.... the impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, ...... impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is t..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....m J Bashir Ullah Master……………Petitioner Vs. Bangladesh and others……………………..Respondents Judgment November 26, 2008. Result: The Rule is discharged without any order as to costs. A fugitive has no right to seek any kind of redress as against his grievan...... by Artha Rin Adalat, First Court, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warrant of arrest (Annexure C to the writ petition) 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 22-4-..Category: Civil Law | Date: | Hits: 93
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
.... as to why they should not be directed to take immediate steps to remove the vessel MT Enterprise out of the territorial waters of the country; why they should not be directed to prevent the entry of any of the remaining hazardous vessels as listed by Greenpeace (Annexure-C) into the territorial wat......ng MT Enterprise (IMO NO.7709136) for breaking purpose and the subsequent attempted entry of the said vessel into territorial waters of Bangladesh should not be declared to have been issued without lawful authority and is of no legal effect. The respondents were further asked to show cause as to w..Category: Environmental Law | Date: | Hits: 688
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ent No.8 Md. Habibur Rahman. 2. Earlier a Rule was issued by this Court calling upon the respondents to show cause as to why the decision dated 21.5.2007 given by respondent No.5 without following any procedure (Annexure-C) should not be declared to have been passed without lawful authority and i......mmad Ali, Advocate - For the respondent No.8. Md. Abdun Nur, Advocate - For the respondent No.4. Writ Petition No. 5444 of 2007. Judgment Md. Emdadul Huq J.- This Rule is about the lawful authority of a Commissioner of the Dhaka City Corporation in giving a decision on a land disp..Category: Civil Law | Date: | Hits: 74
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....sdiction is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the company, either by majority of the members or by the directors of the company. This jurisdiction, confer......as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He next..Category: Company Law | Date: | Hits: 129
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....(Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety……......ted 2‑8‑93 issued by respondent No.2 to the petitioner (Annexure‑A) and the seizure of the arms of the petitioner as mentioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are th..Category: Criminal Law | Date: | Hits: 77
....Tribunal against the “চূড়ান্ত আদেশ” which means the judgment passed by the Election Tribunal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory order passed by the Election Tribunal……………………......ge an order passed in Election Suit No.01 of 2009, stating that interlocutory orders passed by the Election Tribunals are not appealable, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.
2. The petitioner challenging the judgment and order ..
Category: Election Law | Date: | Hits: 600
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