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Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....cial leave is against adischarging a Rule issued upon an application under Article 102 of the Constitution made by the appellant. 2. The appellant Buxly Paints (Bangladesh) Ltd., is a public company incorporated on 15-2-71 in East Pakistan having its registered office at Chittagong and one ......n exercising its right of possession. So long as the agreement has not been terminated by an appropriate action under clause (1) of the Article, the possession of the appellant cannot be said to be unlawful and the Government is not entitled to ask the said occupant to vacate possession of the aba..Category: Property Law | Date: | Hits: 79
....y retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and without lawful authority. Secondly, dismissal order was bad for not giving any opportunity for adducing evidence.
4. The High Court considered that the appellant was due to...... order by filing the writ petition on the ground that he had already retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and without lawful authority. Secondly, dismissal order was bad for not giving any opportunity for adducing evid..
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....rms Act read with Item No.3 of the Schedule to the Special Powers Act, 1974 and remanding the case to the Appellate Tribunal with direction for re-hearing and disposal of the appeal expeditiously, in any case, within 6 weeks from the order. Against this order leave was sought for by the appellants...... in any case, within 6 weeks from the order. Against this order leave was sought for by the appellants, and leave was granted for examining the contention that the High Court Division acted without lawful authority in remanding the case to the Appellate Tribunal for re-hearing and disposal of th..Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....anted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship between the petitioner and the respondents in the absence of any rules framed; (2) Whether the decision given in 29 DLR (SC), 41, is applicable in the case of...... special leave arise out of an Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points among..Category: Employment/Service Law | Date: | Hits: 123
.... that the process of acquisition and requisition commenced in the year 1961-62 and the petitioners got their lease on 20-11-2004 and 13.12.2004 and, therefore, they would not be entitled to receive any notice.
2. In WP No.4116 of 2007 the petitioner on behalf of the Waqf Administrator challenge......dditional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far as it relates to the petitioner's land should not be declared to have been passed without lawful authority and is of no legal effect." The petitioners have filed numerous affidavits and su..
Category: Property Law | Date: | Hits: 106
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
.... son of Fakir Chand Sarder of village Aldipur, 3. Bapi Mandol son of late Kumud Ranjan Mondal, of village Permagurkhali, went to the place of occurrence and they were sitting at a tea stall and that many other were also present there but, inspite of the request of all, the accused compelled him to p......oncluded the investigation and submitted the charge sheet within time as prescribed by the Ain, hence the order dated 19.08.2007, discharging the accuseds passed by the Adalat was neither proper nor lawful. 7. Being aggrieved by the aforesaid order dated 24.02.2008, passed in Criminal Revision C..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....se as the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290 has held that the notice dated 18.2.2007 issued by the Secretary to the Commission was without any lawful authority, as such void and any proceeding based on the said void notice is a nullity in ......s the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290 has held that the notice dated 18.2.2007 issued by the Secretary to the Commission was without any lawful authority, as such void and any proceeding based on the said void notice is a nullity in the ..Category: Criminal Law | Date: | Hits: 133
....t of suit land was correctly prepared and R.S. record was also prepared in the name of the Government as per possession. It has been further alleged that the Jaminder or their employee never executed any Amalnama and Dakhila and if any such document is produced that must be anti-dated, forged and co......it No.48 of 1986 in the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal, ultra vires and of no legal effect and not binding upon the plaintiff and..
Category: Property Law | Date: | Hits: 82
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....eign Compensation Commission, (1969)2 AC 147; Tamil Nadu Vs. Ramalinga Samigal Madam, (1985) 4 SCO 10, Dhulabhai Vs. State of MP (1968)3 SCR 662; AIR 1969 SC 78; Secretary of State Vs. Mask & Company, 671A 222; AIR 1940 PC 105; MH Joarder Vs. East Pakistan, PLD Dac 648; M/s Sekander Jute Bailing......ustrial concern and admittedly took loan from the Sangstha. Dispute arose/amongst others, as to whether or riot the loan was fully adjusted and the auction sale of the borrower company's property was lawful or not. In view of the ouster clause provided in Article 34(5) of the BSRS Order/1972, Appell..Category: Civil Law | Date: | Hits: 141
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....al (Prisons) Dhaka Central Jail, Dhaka to show cause as to why Mr. Stefan Pirker, a foreign national, should not be released from custody on the ground that he had been detained illegally and without any lawful authority. 2. Facts, in brief, are, that the petitioner is a friend, well‑wisher and......Prisons) Dhaka Central Jail, Dhaka to show cause as to why Mr. Stefan Pirker, a foreign national, should not be released from custody on the ground that he had been detained illegally and without any lawful authority. 2. Facts, in brief, are, that the petitioner is a friend, well‑wisher and emp..Category: Criminal Law | Date: | Hits: 200
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....earned outside Bangladesh can be taken into account for computing taxable income in this country. 3. The points of law referred to by the assessee in this Reference Application No. 80 of 1992 are many in number but is boils down to the following namely: "Whether on the facts and circumstances ...... 11. The Tax Appellate Tribunal, Chittagong, Bench, by referring to the decisions reported in ITR No. 1574 (Bom) of 1974‑75 and IT No. 1212 and 1213 (Bom) 1975‑76 came to the finding that only lawful means of taxing a non‑resident company with worldwide operation, is to invoke the provision..Category: Fiscal/Taxation Law | Date: | Hits: 159
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....ng aside an order dated 7-5-77 made by the 1st Court of Subordinate Judge, Dacca in a suit instituted by respondent Nos.1 and 2 against the petitioner and the remaining respondents, without issuing any rule upon the opposite parties impleaded in the said revisional application. 2. Caveat has b......lection of the petitioner as Chairman and that of Respondents No.5, 6 and 7 as members from Ward No.2 of Satarkul Union Parishad, within police station Gulshan, in Dacca, held on 13-1-77, was without lawful authority inasmuch as 6414 voters out of total 9939 voters were not allowed to cast their vot..Category: Civil Law | Date: | Hits: 111
....of the Provisional Constitutional Order, 1969 read with Article 98 of the late Constitution of Pakistan for a declaration that the notice asking the appellant to make payment of Rs. 82/26 was without any lawful authority and also for a direction restraining Respondent No. 2 from realising amount in ......he Provisional Constitutional Order, 1969 read with Article 98 of the late Constitution of Pakistan for a declaration that the notice asking the appellant to make payment of Rs. 82/26 was without any lawful authority and also for a direction restraining Respondent No. 2 from realising amount in exce..
Category: Property Law | Date: | Hits: 114
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No. 1 is a company engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 h......e effect of interfering with, jeopardising, stifling, causing detriment and adversely affecting the business of the petitioners. The respondent No. 1 has acted absolutely arbitrary, malafide, without lawful authority and for collateral purpose in including the names of the petitioners in the CIB Rep..Category: Civil Law | Date: | Hits: 121
.... as 31.10.1949. On receipt of the gradation list, the petitioner got confused about his correct date of birth. Meanwhile, he lost his original Secondary School Certificate. As such, he could not take any step to correct his date of birth although his date of birth was shown as 31st October, 1947 AD ......cision of the authority, the petitioner obtained the Rule Nisi from the High Court Division which made the Rule absolute and declared Annexure-‘H’ to the Writ Petition to have been issued without lawful authority. The salient findings of the High Court Division are as follows:
The prayer of t..
Category: Employment/Service Law | Date: | Hits: 739
....ed under the signature of respondent No.3, directing respondent Nos.4 and 5 to take control of the factories situated at Kadamtali, Shyampur Dhaka and Rupsha, Khulna owned by writ petitioner No.1-company.
3. The High Court Division issued a Rule Nisi and passed an interim order directing the writ......learned Additional Attorney General appearing on behalf of the respondent-petitioners, submits that the government sealed the main entrance of the factory premises including the godown as part of its lawful obligation to obey the order of status-quo passed by the High Court Division in public intere..
Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....the allotted land Other Class Appeal No.311 of 1991 was filed by Amena Khatun and others and the said appeal was dismissed for default. Against the said order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking directio......under Memo No. n¡M¡-9/1 Hm-22/2000/743/17(5) dated 23.12.2004 (annexures K and L) issued by writ-respondent No. 4 in favour of writ-respondent No. 7 should not be declared to have been made without lawful authority and to be of no legal effect. At the time of issuance of the second Rule, writ-res..Category: Property Law | Date: | Hits: 79
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ciated in those decisions regarding application of the rate of customs duty will also be applicable in respect of normal value and tariff value under section 25 of the Act. But he could not point out any decision in which it has been held that an importer is entitled to assessment of customs duty on......e Customs Act, we are of the view that the impugned notification or the law itself, that is section 25(7) of the Customs Act cannot be declared ultra vires or to have been made and passed without any lawful authority.” 5. Sub-sections (1) (2) and (3) of section 25 of the Customs Act 1969 provid..Category: Fiscal/Taxation Law | Date: | Hits: 134
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....nd sentencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petition......entencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner i..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....t be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, are that the petitioner is a reputed physician and served in many capacities including as an Urologist in Dhaka Medical College with additional duty of the Princi......96. Judgment KM Hasan J.- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, ar..Category: Employment/Service Law | Date: | Hits: 120
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