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Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....int District Judge, 3rd Court, Tangail in Artha Rin Suit No.9 of 2002 as renumbered as Artha Rin Suit No.1 of 2004 (Annexure-G to the Writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts for disposal of this Rule, ...... the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner...Category: Civil Law | Date: | Hits: 174
....……..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, 2007.
Result:
The Rule is made absolute without any order as to cost.
The Value Added Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1)
......shed under section 37 of the said Act.
5. Mr. Mahmudul Islam, learned Senior Advocate appearing for the petitioner, submits that notice is ex-facie bad and unauthorized since such notice could not lawfully be issued by any VAT authority under section 55 to ask to show cause as to shy the petition..
Category: Fiscal/Taxation Law | Date: | Hits: 131
.................Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials a......aling with State properties and if such public authority makes inconsistent decision unfairly or unjustly, it misuses its power and authority, and consequently, such decision becomes void and without lawful authority. The duties of an administrative organ of a State and its functionaries may be enum..
Category: Others | Date: | Hits: 113
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....ch would take lesser time than the normal process of realisation of loan and hence the Bank or Financial Institution will be more cautious and careful for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam......espondent No.1, Artha Rin Adalat, 1st Court, Chittagong in Artha Rin Execution Case No.208 of 2004 as evidenced by 'Annexure-B' to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect. 2. The brief fact relevant for disposal of this Rule-..Category: Civil Law | Date: | Hits: 136
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....ioner has been enjoying the suit land by mutating his name and paying the rent to the government regularly. Whereas the defendants have no right, title and interest and possession in the suit land at any time and after purchase of the suit land the plaintiff made boundary of the suit land by thatche......nt injunction this question of disputed title cannot be resolved. The learned Counsel finally submits that in a suit for permanent injunction plaintiff is to prove his prima facie title and exclusive lawful possession in the suit land. The plaintiff miserably failed to prove his title as well as her..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
.... 2011 and Jail Appeal No.210 of 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in commi...... of sections 161 and 167 of the Code renders his confession as in voluntary. When Delowar was produced for recording his confessional statement he was in the police remand and such police remand is lawful in the eye of law in view of section 167 of the Code. 40. Moreso, the confession of Mofizu..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....e, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and extent………………..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got ...... order 1 rule 9 of the Code of Civil Procedure will come in to play. On the contrary Title Suit No.46 of 1994 having been brought against the stranger to the suit khatians need not be impleaded other lawful co-sharers as such this suit is bad for defect of parties.' On consideration of issue No.5 is..Category: Property Law | Date: | Hits: 83
....the works as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment In......s Annexure A and A(1) in Writ Petition No.3439 of 2002 and the same impugned orders as contained in Annexures B and B‑1 in Writ Petition No.3480 of 2002 are declared to have been passed without any lawful authority and are of no legal effect. Consequence would follow that the PSI Agencies are not ..
Category: Fiscal/Taxation Law | Date: | Hits: 119
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....ted Kabala was actually admitted in evidence as an admitted document in the earlier pre-emption case. But the petitioner was simply a pre-emptor, and he was neither a party to the document nor he had anything to do about the execution thereof. As a co-sharer he sought for pre-emption of the land pur......t section to the present scenario. 12. Against the background stated above, the question before us is whether the order dated 18.03.2004 passed by learned Joint District Judge under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. T..Category: Property Law | Date: | Hits: 122
....etitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation...... effect from 12-3-2007 as evidenced in Annexure-F to the petition and the impugned office order dated 19-3-2007 (Annexure- G) asking the petitioner to show cause, should not be declared to be without lawful authority and of no legal effect and why declaration should not be made to the effect that th..
Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....e or by gruesome manner in which it was found to have been committed and graver the charge is greater is the standard of proof required. It should also be borne in mind that if the accused can create any doubts by adducing evidence or cross-examining the P.W.s in the prosecution case the accused is ......লুব্ধ করিয়া বা ফুসলাইয়া have not been defined. Section 361 of the Penal Code has defined the offence of kidnapping of a minor or a person of unsound mind from lawful guardianship and has used the word "Entices" in that section. Meaning of the word "entice" in..Category: Criminal Law | Date: | Hits: 74
....he said title suit has been rejected under Order VII, rule 11 of the Code of Civil Procedure by the Joint District Judge, 6th Court, Dhaka by the order dated 23-3-2008, holding that there is a bar to any suit challenging the requisition notice under section 14(A) of the Emergency Requisition of Prop......Dhaka and Deputy Director, National Housing Authority addressed to some of the petitioners (Annexure-P-1). Rule in similar terms was issued in each of the other three writ petitions in respect of the lawful authority of the issuance of the respective, eviction notice being Annexure-J by the same aut..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
.... All the Writ Petitions are discharged. Interpretation of statutes The Court, in all ways, must avoid in giving interpretation which would go to frustrate the legislative intent by adopting any liberal construction of the legislation. The principal object of interpretation is not only to f......lifying the petitioners and others to contest in the Parliamentary election allegedly for holding "office of profit of a statutory public authority" should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Constitutional Law | Date: | Hits: 466
....discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but in its proper context. Many things constitute the context of a legislation of which other provisions of the same statute pro......-1/1(19)/2008/07 dated 6.1.2009 permitting respondent No.5 to function or to engage in activities as a trade organization for 2 years (Annexure-D) should not be declared to have been issued without lawful authority.
4. In Writ Petition No.2386 of 2009 the Rule Nisi was issued under the followin..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....eing prepared election to Parliament and other elective bodies in Bangladesh. Upon inquiry from the respondents it is learnt that a citizen of Bangladesh residing temporarily in the United Kingdom or any place outside Bangladesh, will not be registered as a voter even if he continues to be a permane......o submitted that the petitioner and hundreds of thousands of other citizens of Bangladesh who while having their permanent residence in Bangladesh but temporarily residing abroad and pursuing various lawful pursuits such as education, employment, business and others are, as a result of an erroneous ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....2. It has been contended that the plaintiff contractor has been executing the work of the contract with due diligence and proficiency but the defendants were finding faults with the plaintiff without any rhyme or reason. Subsequently, on the mutual consent of the parties, the time schedule for compl......lently and managed an illegal award for making illegal gains. 5. In such view of the matter, the appointment of Mr. Justice Abdur Rahman Chowdhury as the sole arbitrator is evidently illegal and unlawful and all actions taken by Mr. Justice Abdur Rahman Chowdhury must be held to be exercises in f..Category: Alternative Dispute Resolution | Date: | Hits: 543
....he copy of resolution annexed hereto as Annexure‑C. The teachers council stated in their resolution that the said examination was held in fair and proper manner and no illegality or irreg6larity or any unfair means were adopted. The council further stated in their resolution that almost all t......der the signature of the respondent No.1 and impugned proceeding pursuant to which the said order was made, the rejection of the appeal made therefrom should not be declared to have been made without lawful authority and is of no legal effect.
2. The 8 petitioners in this writ petition are studen..
Category: Constitutional Law | Date: | Hits: 300
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....t keep the same on the plea that the same is abandoned property. Once the same is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his behalf…………………………(3) Lawyers Involved: Md......gment Qazi Shafiuddin J.- In this Rule the petitioner has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Blo..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....gative writ jurisdiction which the Court exercises as discretionary one. On reference to the facts and findings of the authorities below in this case and grounds taken in this petition we do not find any reason to exercise our discretionary jurisdiction as conferred under Article 102 of the Constitu......1 before the respondent No.1. Respondent No.1 passed the impugned order. 3. It is contended that the Additional Deputy Commissioner (Revenue) illegally passed the order and it is also made without lawful authority. Secondly, respondent 1 failed to appreciate that in the deed the executant admitte..Category: Constitutional Law | Date: | Hits: 222
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... of the respondent No.3 by which their appointments have been cancelled on the basis of the recommendation made by the Enquiry Committee. The Enquiry Committee enquired into the matter without giving any opportunity of being heard to the petitioners. Thereby the petitioners have been prejudiced seri......ly Welfare dated 5-7-2010 the Civil Surgeon, Sunamganj, issued ante-dated appointment letters. So, the disputed appointments given by the Civil Surgeon, Sunamganj, are liable to be declared without lawful authority. 9. The respondent No.1 entered appearances in this Writ petition but he did not..Category: Employment/Service Law | Date: | Hits: 148
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