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Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
.... International Committee of Red Cross, his prayer could not be acceded to and expressed regret in confirming the citizenship to the petitioner. He preferred an appeal on 21.12.83; but did not receive any reply from the said Ministry. While the matter was pending for release, Ordinance No.54 of 1985 ......2‑H/6‑14, Mirpur Housing Estate, Dhaka in the 'K' list published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The respondent Nos.2 and 3 appeared and have..Category: Property Law | Date: | Hits: 90
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
.... No.1 (Annexure-F1) should not be declared to have been issued without lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short, is that the petitioner company was established in December 1998, distributes and sells a complete range of Mobil brand lubric......ng পত্র নং ৪র্থ/এ(১২)৫৫/মুসক-বিবিধ/২০০৬/১৮২০ issued by respondent No.1 (Annexure-F1) should not be declared to have been issued without lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short..Category: Fiscal/Taxation Law | Date: | Hits: 269
....how cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as......cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ..
Category: Property Law | Date: | Hits: 85
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....ing from within a belt alike bag, specially made for carrying the same, tied round his waist. They also recovered some drugs and cosmetics from his suitcase and carton. As the petitioner did not make any declaration as per provision laid down in Rule 3(5) of the Passenger (Non-tourist) Baggage (Impo......2003 corresponding to GR Case No.103 of 2003 under section 25B of the Special Power Act, 1974 in relation to seizure list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....ection 87(2) of the Ordinance read with rule 135 of the rules in respect of withdrawal of a dispute. Section 87(2) of the Ordinance runs as follows: “Subject to the rules, registrar may withdraw any reference transferred referred under sub-section (1) and may deal with it himself in the manner ......o.1 in the writ petition issued under the authority of the Memo No. Section--1/IS/-74/88(9)/2132/1(3) dated 20-7-19 88 passed by the respondent No.2 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts, in brief, are that the petitioner is a ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....d notification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled......tification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled and..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
.... is continuing in his service as his dismissal was not made as per service rules of the corporation and also for a decree for all arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dism......ll arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order of conviction dated 18-8-82 got its finality on 16-11-82 and that the..Category: Employment/Service Law | Date: | Hits: 182
....2 on September 1,1987, setting aside the order of the respondent No.3 passed on March 30, 1986, refusing to register the Pabna Zila Truck Chalak Union should not be declared to have been made without any lawful authority and is of no legal effect.
2. The opposite party 4, the President and the op...... September 1,1987, setting aside the order of the respondent No.3 passed on March 30, 1986, refusing to register the Pabna Zila Truck Chalak Union should not be declared to have been made without any lawful authority and is of no legal effect.
2. The opposite party 4, the President and the opposi..
Category: Labour and Industrial Law | Date: | Hits: 171
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
....h calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner's case is that he was a Mana......lls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner's case is that he was a Manager,..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....eputy Director, as he has been holding the post of Director for the last six months with the full satisfaction of all concerned. There is no adverse remark against him and he was never informed about any such adverse remark. So he has acquired a right to be promoted to the post of Director. The resp......ed this Rule. 8. The respondent Nos.1-3 and respondent No.4 by filing separate affidavit-in-oppositions denied the material allegations and have stated that no has been taken illegally and without lawful authority. The petitioner has been promoted to the post of Director as per recommendation of ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....t appears that the appeal was filed on 3-9-92 and the same was disposed of on 6-9-92, i.e. after expiry of stipulated period of two days. It is further submitted that the respondent No.7 obtained as many as 1510 votes and if he was not a candidate those votes would have been cast in favour of other ......ishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....m unable to accept the contention of Mr. Bivash on this point and the citation referred to by him being case reported in 33 DLR 168 and the case reported in 13 MLR (AD) 332 which in no way coining to any aid to the submission as has been advanced by Mr. Bivash as the referred two cases are materiall......e some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of 1983 and in this way while the pre-emptor was owing and possessing her purchased property as lawful owner some other legal heirs of SA recorded tenant transferred some property in favour of the..Category: Procedural Law | Date: | Hits: 88
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
...., Supreme Court Branch, contested the Rule by filing an affidavit-in-opposition contending, inter-alia, that the appellant obtained a loan of taka 7.50 lakh on 9-4-1990 from the Bank, but did not pay any installments. The Bank requested the appellant by its letter dated 24-10-1992 to pay the install......ntitled to get the benefit of the legislative intent that the plaintiff-bank cannot charge interest more than 200% over the actual amount of loan and therefore, the Artha Rin Adalat acted without lawful authority in not allowing the benefit of section 47 of the Ain, 2003 to the appellant and the..Category: Civil Law | Date: | Hits: 138
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....din J Abdul Kashem, Proprietor of Lucky Engineering Works…………………………………Petitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of ...... and sale tax on goods were fixed in accordance with law and no illegality has been committed. The authority vested under section 25(7) of the Customs Act, 1969 the Government issued the notification lawfully. It is further stated that the customs duty, sale tax and tariff value was determined as pe..Category: Fiscal/Taxation Law | Date: | Hits: 155
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....Committee for the purpose of reviewing valuation of imports under Pre‑shipment inspection scheme consisting of such number of members as the Government may determine. (2) Any person aggrieved by any decision of the Review Committee may prefer an appeal to the Appellate Tribunal constituted unde......inal assessment. (4) No fee shall be payable for an appeal under this section." 4. It could not be contended by the learned Advocate that the constitution of the review committee is without any lawful authority or it acted in directing to impose customs duty on the basis of tariff value withou..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....ence of defamation under section 499 of the Code. 8th exception to section 499 of the Code is as follows: "Eighth Exception‑ It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject ma...... of the Code. 8th exception to section 499 of the Code is as follows: "Eighth Exception‑ It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation." 4. From the ..Category: Criminal Law | Date: | Hits: 75
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....ent, have appeared and shown cause by filing affidavits-in-opposition while respondent No. 3 Mrs. Sheikh Hasina @ Sheikh Hasina Wazed, Member of the Parliament has although appeared but has not shown any cause by filing any affidavit-in-opposition. In the meantime the petitioner filed a supplementar......uties of a member of Parliament and, in fact, the respondent No. 4 is not attending the session in discharging of his duty as member of the Parliament as per decision of his party and in support of a lawful demand given by the political parties in opposition". It is stated that the members of the Pa..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....liance upon Article 19 contends that authorities of the University includes, amongst others, the Syndicate and, as such, nomination of the members of the Selection Board was with due authority and if anybody is aggrieved by an order of the Syndicate the remedy is under Article 52(1) of the Order and......-11-96 constituting Selection Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner, Nurul Amin Bepari, a professor of ..Category: Employment/Service Law | Date: | Hits: 228
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....question as to whether the work-charged temporary employees of Housing and Public Works Department of the Government of Bangladesh who have been working for the last nearly 20 years or more, have any legitimate expectation to be made permanent or not. 3. It appears that a huge number of emplo......isi issue calling upon the respondents to show cause as to why the impugned decision taken in the meeting dated 19-02-2007 presided by respondent No.4 should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Employment/Service Law | Date: | Hits: 208
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company held by respondent No. 7 shall not be declared to have been made unlawfully and is of no legal e......xchange Ordinance, 1969 as amended and Regulations 5(2)(IV) and 14 of the Listing Regulations of the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company..Category: Business or Commercial Law | Date: | Hits: 237
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