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Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... No.6 to the respondent No.7(Annexure-C) and an impugned notice issued by the respondent No.7 vide Memo. No. Jaimek/07/530(1) dated 16.07.2007(Annexure-D) to be declared to have been passed without lawful authority and are of no legal effect. 2. Facts, in brief, are that the petitioner is t..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....1) when services of notices were not served to the applicant before assessments? (c) Whether the Inspector's report dated 12-2-2002, can be the basis of the assessment without affording any opportunity to the applicant for rebuttal and controverting the said report? Lawyers Involv......unal. 8. It has been stated that separate income of legal heirs came into operation for the purpose of assessment from 20-5-1999 after the death of Alhaj Golam Mowla. Therefore, assessments were lawfully made against the assessee-applicant as legal representative of the deceased as per pro..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
....by the respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received fr......Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken places should not be declared illegal, without lawful authority and is of no legal effect, and/or such other or further order or orders passed as t..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....Article 102(1)(2) (a)(ii), Article 102 Power of High Court Division to Issue Certain Orders Directions— Article 102(1) comes into play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the ...... why the Impugned Order vide Memo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the petitioner should not be declared to be without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ted by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: The appeal is allowed. Cases Referred to- Mersy Insurance Company Vs. Hamilton, Fraser and Company [(1987) 12 App Cas 448,419]; Tillmanns and Company Vs. SS Knuts......si in Writ Petition No.3426 of 1999. 3. The University authorities, respondent Nos.1-4 contested the Rule by filing affidavit-in-opposition wherein it was contended that the aforesaid amount was lawfully deducted towards payment of VAT as per clause 2.45(a) of the General Conditions of the Cont..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....ā§āĻŦāĻžāĻ āĻŦāĻŋāĻ)āĻĒā§āĻ°-ā§¨/āĻŦāĻŋāĻŦāĻŋāĻ§-ā§¨/ā§¨ā§Ļā§Ļā§Š/ā§Šā§ā§¯ dated 19-5-2002 for the purpose of promotion to the next higher posts should not be declared to have been made without any lawful authority and is of no legal effect and/or such other or further order or orders be passe......ained in memo No.21.27.93 (āĻāĻ˛āĻŋ-3/375 dated 2-7-2009 issued by respondent No.7 (Annexure-E) for the purpose of promotion to the next higher posts 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 promote..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....lip;…….Respondents
Judgment
September 24, 2013.
Result:
The Petition is dismissed.
Duty of the concerned VAT authority
If the VAT authority may have any justifiable 'demand against the petitioner, they can raise and get adjudicated the same in a......43(1)(annexure-'D' to the writ petition) as being not maintainable and also setting aside the order dated 11-8-2003 of the Commissioner, shall not be declared to have been passed without lawful authority and were of no legal effect and as to why the writ-respondents shall not be directe..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
....ding the EC, without fail, observe the rule of law and the Constitution and seek to hold them accountable, so that the constitutional office bearers of the Republic are not persuaded or influenced by any external exigency or political expediency or any other superfluous interests. Because the petiti......s a result of the private vendetta of the petitioners against the BJI. The aforementioned petitioners attempted on various occasions to prevent registration being granted to the BJI. Having failed to lawfully prevent registration of the BJI as a political party, they have field the present mala fide..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
.... subject to certain qualifications and disqualifications prescribed therefor. The Bangladesh Jamaat-e-Islami (hereinafter referred to as "BJI" or alternately "Jamaat") along with many other political parties sought registration under the new law. The Commission allowed registrati......o show cause as to why the registration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not be declared to have been given without lawful authority and is of no legal effect.
2. Facts leading to this Rule (as transpired from t..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....still in employment of the Petitioner (as reflected in the Timeline Table below) alleging that under section 4(7) and (8) of the Act each of them has become a permanent employee of the Petitioner company. Each such application in the nature of a plaint spelt out the initial engagement of each applic......e the application of the Petitioner made under Order VII, rule 11 of the Code of Civil Procedure ("the Code") for rejection of piaint should not be declared to have been passed without lawful authority and are no legal effect. Each Rule Nisi issued was accompanied by an ad interi..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....nt of the High Court Division and other connected papers on record.
10. We find from the Nitimala 2009 that the lease of fishery under long term development scheme is to be given to any society which is a registered society of genuine fishermen and that if it is found that any soci......w cause as to why the granting of lease of the fishery concerned to writ respondent No.6 for a period of 6 (six) years with effect from 1417-1422 B.S. should not be declared to have been made without lawful authority. The operation of the memo granting lease was stayed.
5. The writ respo..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....4,75,915.92, Tk. 3,48,50,030.99 and Tk. 3,55,78,332.00 respectively as advance income tax on the value of the scrap-ships imported by the petitioner should not be declared to have been issued without any lawful authority and of no legal effect and/or pass such other or further order or orders as to ...... dated 30.11.2011 (Annexure-D and E respectively) made by Respondent No. 2 directing the petitioner to deposit Tk. 95,02,309.62 and Tk. 1,43,43,175.97 should not be declared to have been made without lawful authority and of no legal effect, and/or pass such other or further order or orders as to thi..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
....ding the question of limitation. The submissions of the learned counsel for the petitioner merits substance and the Rule should be made absolute.
In the result, the Rule is made absolute without any order as to cost. The orders impugned against are declared to have been passed without any lawfu......n Artha Rin Suit No.83 of 2004 and judgment and order dated 13-11-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Jari Case No.9 of 2005 shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The background leading to the Rule, in short, is..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
....he outset the learned Advocate for the petitioners submits that he does not wish to press the Rule regarding the seniority of the petitioners.
3. This Rule has been issued at the instance of as many as 61 petitioners who are serving in a development project relating to Tuberculosis and Leprosy ......ction grade to persons in the revenue post who were transferred from the development project without counting their service period in the development project should not be declared to be without lawful authority, ultra-vires of Rule 6 of the āĻāĻ¨ā§āĻ¨ā§āĻ¨ āĻĒā§āĻ°āĻāĻ˛ā§āĻĒ āĻšāĻāĻ¤ā§..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
.... Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader ZilanyâĻ....Petitioner Vs. 1. National Board of Revenue, NBR Building, Segunbagicha, Dhaka, repr......ž-ā§¨ā§Š/ā§§ā§§ āĻ¤āĻžāĻ°āĻŋāĻ 15.7.2012 (Annexure-D) isued by the Deputy Commissioner of Taxes Circle-23 (Companies) Taxes Zone-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....unal refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holdi......submits that the appeal being barred by limitation, the Commissioner of Taxes Appeal is not liable to admit the same as per the provision of law and as such the rejection of the said appeal was quite lawful. We have heard the learned Advocate and perused the materials on record. Section 178 of..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....ower for realization of loan, if it is found that the main borrower has failed to repay the loan. Learned Advocate further submits that it is apparent from the plaint that even the Bank did not issue any legal notice on the petitioner, rather the legal notice demanding repayment of loan was issued o......g warrant of arrest against petitioner (Annexure-E), and the order of rejection of bail of the petitioner dated 27-9-2012, passed by the same Adalat (Annexure-B), should not be declared to be without lawful authority and are of no legal effect. Short facts, relevant for the disposal of the Rule, are..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat simil......f 2010 ignoring an application for withdrawal of the suit from ex-parte hearing in contravention of the provisions of the Artha Rin Adalat Ain, 2003 should not be declared to have been passed without lawful authority and are of no legal effect and/or such other or further order or orders passed as t..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....f Professor Md. Yumus Vs. Bangladesh 63 DLR 260 it was held that under subsection (1)(Ka) and sub-section (1)(Gha) of the section 45 of the Act, Bangladesh Bank enjoys the authority to pass any direction on all or any of the Bank-Companies in the public interest or for ensuring proper......Proforma Invoice No. MHB2011-05042 dated 24-4-2012 for an amount of Taka 1,08,50,000 only along with up-to-date interest @ 18% per annum till recovery, shall not be declared to have been made without lawful authority and is of no legal effect and further, as to why the respondent Nos. 1-5 shall not ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... and, as such, the whole proceeding before the Artha Rin Adalat in question was without lawful authority being quorum non judice. He contends that although the petitioner and his father did not raise any objection before the Artha Rin Adalat regarding its lack of jurisdiction, yet, he submits, juris......ha Rin Execution Case No.34 of 1993 passed by Artha Rin Adalat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the r..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
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