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Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....e a negative impact on the morale of the other employees of the Appellate Division as well as the morale of the employees of the same category of the Republic. So, up-gradation of scale and status of any post should be considered with a holistic approach “whereby all-posts are examined and reviewe......গ বিধিমালা, ২০০০ in so far as they treat the Bench Readers as Third Class Non-Gazetted Officers instead of First Class Gazetted Officers to have been issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present a..Category: Employment/Service Law | Date: | Hits: 127
....that the demand notice was not tenable. The matter was adjudicated upon by respondent No.3 without considering all the evidence and documents produced by the petitioner. The respondent did not hold any Enquiry and took into account only three bill of entries and passed the Order bearing Nothi No. ......ing it to submit the copy of the treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued without lawful authority and is of no legal effect. Accordingly, the Rule was issued.
3. The case of the ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....……Appellants Vs. Bangladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is dismissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; M......summarily dismissing the writ petition No.416 of 1976 filed by the appellants, for declaration that the impugned Notification No. S-VI/3R-2/76/17 dated 6.7.76 issued by Respondent No.1, was without lawful authority and for directing Respondent No.1 to cancel, withdraw that or rescind the said No..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... the same date on respondent No.1. The reply to which was received by the appellant on 24.1974 whereby the appellant was informed that no relief as demanded could be accorded as it was not based on any decision of the Court. 5. The appellant served another notice demanding justice on the Commis......ated no liability, and so the question of debt does not arise. In the above premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....pon the respondents to show cause as to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule ar......the respondents to show cause as to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are th..Category: Civil Law | Date: | Hits: 71
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....l effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of “Daddy’s Money of California Inc.” a company registered in USA and the “Daddy’s Money of Hong Kong Ltd.”, a company registered in Hong ....../95 dated 25-11-95 (Annexure-B) issued by respondent No.3 and Memo No.Mind/II-2/ETP-Reg (27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below:..Category: Criminal Law | Date: | Hits: 87
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....are not entitled to this loan but it is only a privilege for the senior executives of the Bank who are so entitled to the huge amount of car loan to the extent of Taka 13,00,000 and 12,00,000 without any interest. On top of it, he submits, they are also entitled to Taka 30,000 per month by way of ma......nts Nos.4 and 5 approving the car loan facility for the executives of the respondents bank (as reproduced under paragraph No.5 of the writ petition) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 134
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....Act to reject a plaint and having so acted in rejecting the plaint it went beyond its jurisdiction. 5. Secondly, it was submitted that the Court was wrong to find that as the suit was not filed by any bank or financial institution and/or that the debt, claimed against the defendants was not a 'ma......cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue sum..Category: Others | Date: | Hits: 185
....lso no direction by the High Court Division for giving the back salaries and twinge benefits to the petitioners from the date of termination till their reinstatement. The respondents have not flouted any order of the Court nor showed least disregard to the Court's order. For the reasons stated the R......rit Petitions. He further submits that in the Judgment of the High Court Division it has been stated in no uncertain terms that the order of termination is illegal, void, unconstitutional and without lawful authority. He again submits that BJMC preferred Civil Petitions for Leave to Appeal against t..
Category: Criminal Law | Date: | Hits: 83
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....P.W.1, P.W.2 M. Shamsuddin Molla prepared the detention Memo of the seized goods. P.W.1 Saifuddin Ahmed lodged typed F.I.R. Ext.3 on 30.5.86 at 21.45 hours at Cantonment P.S. Appellant could not show any valid paper authorising him to possess the seized gold bars. The seized goods were deposited i......nder the Special Powers Act. It has also been held that joinder of scheduled and non-scheduled offences is illegal and the trial by the Special Tribunal for both the offences was also without any lawful authority. 32. The learned Advocate for the appellant then placed another decision reporte..Category: Criminal Law | Date: | Hits: 87
....quiry Committee and found one N.H. Chowdhury who asked him some questions. The respondent No.2 complains that no witness was examined by the Inquiry Committee in his presence and he was not given any chance to defend himself. He was only cross-examined by the inquiry committee and his signature ......nt No.2 to refund the amount of Tk. 12,032/- within 15.2.83 failing which legal action would be taken against him. It was contended by the petitioner-corporation that the order of suspension is quite lawful and the said case is liable to be dismissed.
8. The Labour Court advisedly refrained from ..
Category: Labour and Industrial Law | Date: | Hits: 166
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
.... during the liberation war in 1971 the petitioner along with others were recruited by the then Mujibnagar Government for liberation of the country. Amongst the lot of Mujibnagar employees there were many teenaged (8 to 10 years) boys and girls who were recruited to work as Informers, Reporters, Assi...... matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passed without lawful authority and of no legal effect. It is stated in the writ petition that the petitioner is..Category: Administrative Law | Date: | Hits: 183
....abala deeds dated 7-6-79 and 2.8-79 and P.W.1 was corroborated by other P.Ws.
8. D.W. 1, in his cross-examination stated that the Government possessed the land in papers only and could not produce any piece of paper to show that it was ever leased out to anybody.
9. On consideration of the evi......n and obtained the present Rule.
14. Hasan Foez Siddique, the learned Advocate appearing on behalf of the plaintiff- petitioner, submits that Pulin Behari being dead his son Nirmal Kumar Paul, the lawful heir of Pulin was a party in the suit but he did not contest the suit and thereby accepted th..
Category: Property Law | Date: | Hits: 56
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....e was no final measurement the plaintiff did not receive final payment. Plaintiff did not pray for his dues. Plaintiff asked for money for the works of non-tender items. The plaintiff was never given any order to do any non-tender work. The Hospital authority therefore, could not pay money for non-t......efence and refused a decree for such extra works. We find learned Subordinate Judge missed the law on the point. 26. Section 70 of the Contract Act reads as hereunder: "s. 70. Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratu..Category: Civil Law | Date: | Hits: 99
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
.... sale proceeding on the ground of fraud committed by the decree-holder and in deciding the question of fraud or material irregularity in the sale proceeding, the petitioner is not required to furnish any security at the rate of 25% of the decretal amount as contemplated under section 32(2) of the Ar......ha Rin Adalat Ain, 2003 do not apply in a case under Order XXI rules 90 and 91 of the Code of Civil Procedure filed by the petitioner and, as such, the order passed by the Artha Rin Adalat is without lawful authority. He has further argued that the petitioner and his brother have challenged the said..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... tried by the competent Court of justice or a Tribunal under the law of the land. But the commission has been established under the impugned Ordinance is neither a Court nor a Tribunal established by any law and it has been created only to frustrate the Rule of law and to undermine the Court of just...... (Ordinance No.27 of 2008) published in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the amendment made thereunder should not be declared to have been made without lawful authority and is of no legal effect and ultra vires of the Constitution. The petitioner No..Category: Constitutional Law | Date: | Hits: 264
....petitioner’s contention that he is not liable to pay value added tax in pursuance of the provisions of the VAT Act as he is not a registered taxable person under the VAT Act and he is not providing any service to anyone.
7. Mr. Mahmudul Islam, the learned Advocate, appearing on behalf of the ad......le was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, 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: Fiscal/Taxation Law | Date: | Hits: 138
.... (ii) Memo dated 21‑11‑2002 issued by respondent No.3 and (iii) Memo dated 9‑8‑2003 issued by respondent No.1 [Annexure-A and A(1) and A(2)], should not be declared to have been taken without any lawful authority and to be of no legal effect and unconstitutional being violative of Articles 2......) Memo dated 21‑11‑2002 issued by respondent No.3 and (iii) Memo dated 9‑8‑2003 issued by respondent No.1 [Annexure-A and A(1) and A(2)], should not be declared to have been taken without any lawful authority and to be of no legal effect and unconstitutional being violative of Articles 27, 3..
Category: Employment/Service Law | Date: | Hits: 99
....t shall not be directed to prepare a bill of 91200 units and to accept the payment of the said bill forthwith.
2. The petitioner No.1, Daulatpur Ice and Cold Storage Ltd., is a private limited company and they have cold storage at Daulatpur, Khulna. The respondents were supplying electricity to t...... to show cause as to why the Bill No.261467 dated 18‑10‑1994 issued by the respondent No.2 against matter No. 24442016 and of Account No. F/220 shall not be declared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a..
Category: Others | Date: | Hits: 135
....be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short, is that the petitioner is a private limited company conducting its business all over the country as a manufacturer of different sizes of SPC Poles i......-১০লক্ষ্য/জিওবি/০০৭/৪৭ dated 3-9-2008 issued by respondent No.5 demanding Taka 31,36,776 (Annexure-I) should not be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short,..
Category: Fiscal/Taxation Law | Date: | Hits: 140
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