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Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....nd Excise (Appeal), Chittagong refusing to refund the amount of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition......xcise (Appeal), Chittagong refusing to refund the amount of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition are..Category: Administrative Law | Date: | Hits: 192
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....petiÂtioner as an Advertising Firm under the service code S-007-00. It is stated that since the initiation of business in November, 1997 until September 2000 petiÂtioner's business did not generate any sale. The VAT authority, upon monthly inspection of the prescribed books of sales and the same w......¸à¦• নীঃ ও বাঃ/২০০০/৩৪à§dated 31-10-2006 issued by the respondent No.4 refusing to allocate and fix a separate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as t..Category: Fiscal/Taxation Law | Date: | Hits: 168
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....y the respondents should not be directed to secure compliance with the safety and security proÂvisions of the Bangladesh National Building Code, 2006 at every level of construction and demolition of any building and/or why such other or further order or orders, as to this Court may seem fit and pro......y also guarantee that no action detrimental to both life and body can be taken except in accordance with law. 59. Article 40 of the Constitution guarantees, amongst other, the fundamental right to lawful proÂfession or occupation. 60. It also appears from the fundamental prinÂciples of State..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....dant No.10 published the election schedule on 25.1.05 for formation of the Managing Committee of the school for 2005. The defendant No.11 and 12 being influenced by the defendant No.1-10 did not take any steps to give effect of the election schedule. The teachers and other staffs are not getting any......ssistant Judge, Pakundia, Kishoreganj praying for a declaration that the Managing Committee constituted with the defendant Nos.1-10 and approved by the defendant No.12 dated 18.12.03 to be illegal, unlawful, void and not binding upon the plaintiff contending, inter alia, that the people of Shalaudi ..Category: Civil Law | Date: | Hits: 107
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....agong Hill Tracts ("NCCHT") and the Chairman of the Parbottya Chttagram Jana Shanghati Samity ("PCJSS") (Annexure-B of the Writ Petition) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and, therefore, void......g Hill Tracts ("NCCHT") and the Chairman of the Parbottya Chttagram Jana Shanghati Samity ("PCJSS") (Annexure-B of the Writ Petition) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and, therefore, void and..Category: Constitutional Law | Date: | Hits: 314
....ause why the impugned Judgment and Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 of 1993 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent ...... why the impugned Judgment and Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 of 1993 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2..
Category: Labour and Industrial Law | Date: | Hits: 265
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
.... with the sitting tenant i.e. the plaintiff in posÂsession and the plaintiff committed to pay the rent to the defendant No.3, father of the new purchasers. The defendant No.1 Raja Kha never executed any Bianapatra in favour of the plaintiff and as such no question of any demand of any enhanced pric......intiff to have the sale of the suit property finalized in his favour. 22. The learned Advocate Mr. S. M. Moonir further argued that as the impugned judgment is a judgment of reversal this court is lawfully entitled to apprise the evidence on record in order to consider the contending claim of the..Category: Property Law | Date: | Hits: 119
....by the Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operati......he Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation o..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....s Sattar and others Vs. International finance Investment and Commerce Bank Ltd., 52 DLR (HCD) 4; Nurul Islam Vs. Agrani Bank, 49 DLR (AD) 135-136; Habib Bank Limited Vs. UAL Bangladesh Investment Company Limited and another, 52 DLR (HCD) 25; Abdus Sattar and others Vs. (International Finance Investm......, as menÂtioned in the mortgage deed. Amina and Zamina having had no title in the mortÂgaged land, the transfer made vide Annexure-F and F1 have been made by practicing fraud and without having any lawful authority to transfer those lands. Moreover the application under order 21 Rule 90 was submit..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....urul Islam Vs. Sirajul Islam and others, 1984 BID (AD) 36; Abul Hasnat Mohammed Shajahan Bepari Vs. Bangladesh and others in Civil Petition For Leave To Appeal No. 968 of 1999; Philips Electrical Company Vs. The Commissioner of Taxes, 45 DLR 390. Lawyers Involved: Abdul Matin Khasru, Advocate ......basis and accordingly a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo dated 17.5.2009 (Annexure-B) should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other order or further order or orders a..Category: Civil Law | Date: | Hits: 130
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ner Vs. Government of Bangladesh & Others………………….Respondents Judgment July 22, 2010. Result: The Rule is made absolute. Case Referred to- GM Jamuna Oil Company Ltd. Vs. Golap Rahman, 34 DLR (AD) 166. Lawyers Involved: Mahmudul Islam with Probir Neogi......rika/bmre/ SKW FM Transmitter/2007-166 dated 16-4-2008 communicating the decision of re-tender to the petitioner (Annexure-B) both issued by Respondent No.2 shall not be declared to have been without lawful authority. 2. On the date of issuance of the Rule the operation of the impugned order was ..Category: Others | Date: | Hits: 127
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ases Referred to- Re. H.R. Harmer Ltd., [1958] 3 All E.R., 689; Exeter City Association Football Club Ltd. Vs. Football Conference Ltd. and Another, [2004] 1 WLR 2910; Re Kare P. LTD. (Delhi), Company Cases, 276; Kader Textiles (Pvt.) Limited Vs. Md. Lehajuddin Miah, 10 MLR (AD) 2005, 70; Faruk (......seen is that the acts or conduct complained of prove to be prejudicial to the company in one way or the other and the same have been resorted to in preference to such acts and conduct being otherwise lawfully undertaken by reference or resorting to mechanisms as otherwise sanctioned and prescribed e..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....icer (P.S.O) on 9.3.1999. Thereafter, the respondent No.1 most illegally and arbitrarily demoted the petiÂtioner to the post of Senior Scientific Officer (SSO) vide dated 27.4.2000 without obtaining any sanction from the Board of Governors and also defying the order of the Ministry of Water Resourc......rfeiting his earned service charge as in Annexure-P and the rejection of his service appeal by the order communicated on 04.11.2002 as in Annexure-R should not be declared to have been passed without lawful authority and are of no legal effect. 2. Facts giving rise to the Rule Nisi, briefly, be p..Category: Employment/Service Law | Date: | Hits: 166
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....of 1961) for the entire area of the Habira Union Parishad i.e. for the area covered by Ward Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as such since 1961 without any hindrance to his lawful work as Nikah Registrar. Further, for smooth running of his business he ......re area of the Habira Union Parishad i.e. for the area covered by Ward Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as such since 1961 without any hindrance to his lawful work as Nikah Registrar. Further, for smooth running of his business he also engaged one Mvi...Category: Civil Law | Date: | Hits: 112
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....efrain from proceeding with the suit in the said case which Petitioner respondent No.2 is not permitted by law to do. 2. Respondent No.2 Saudi Bangladesh Industrial and Agricultural Investment Company Limited filed on 2‑7‑1994 Money Suit No.6 of 1994 in the aforesaid Artha Rin Adalat for real...... to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No.2 Dhaka should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to refrain..Category: Civil Law | Date: | Hits: 119
....y, the learned Advocate appearing for the judgment-debtor-petitioners at the very outset submits that she is not inclined to press first part of the Rule inasmuch as by now it has been decided in so many cases by this Court that the section 34 of the Ain, 2003 is not ultra-viures the Constitution. S......tha Rin Adalat Ain, 2003 (Annexure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's Republic of Bangladesh should not be declared to have been made without lawful authority and is of no legal effect and as to why the impugned Order No.4 dated 20.11.2005 pa..
Category: Civil Law | Date: | Hits: 127
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....er No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper......o.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. ..Category: Civil Law | Date: | Hits: 186
People's Republic of Bangladesh Vs. Chairman, Court of SettleÂment and others, 1996, 25 CLC (HCD)
....ordingly, allowed the petition of the respondents holding that the property is not an abandoned property and it should be excluded from the said list. 10. Since the property was never abandoned at any point of time and never assumed the character of abandoned property and since the publication of......hy the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased o..Category: Property Law | Date: | Hits: 113
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....igation of the offence; under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commisÂsion to hold investigation. Section 32 of th......, allegedly committed by the petitioner, as a public servant, without prior sanction of the Government. So the order of taking cognizance of the offence against the petitioner in this case is without lawful authority and as such the entire ease has been vitiated for lack of jurisdiction. In this reg..Category: Criminal Law | Date: | Hits: 85
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....n application was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any cross-examinaÂtion nor the applic......also been consented to by Syed Amir Hossain, the oppoÂsite party, who happens to be her brother, before the Mutwalli and there was no case of any illegal appointment or exercise of power without any lawful authority and that she had always managed the Wakf property according to the wishes of the Wa..Category: Trust/Waqf Law | Date: | Hits: 124
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