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Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....;out lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court may seem fit and pro......er notification vide a memo No.মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....jurisdiction there must have been good and sufficient reason to by-pass the alternative remedy provided by the statute. The writ jurisdiction is mean for doing justice where it cannot be done in any other forum. This Court repeated occasions argued that Article 102(2) of the Constitution is not...... (5) of the Emergency Power Rules, 2007 read with section 109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be declared to have been made without lawful authority and is of no legal effect. 2. Mr. HS Deb Brahman, the learned Advocate appeari..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
....e impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No. 69 of 2010 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 passed a......pugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No. 69 of 2010 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 passed as to..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
.... behalf of the accused-petitioner, submits that the Deputy Director of the Anti-Corruption Commission issued notice under section 26(1) of the Anti-Corruption Commission Act, 2004 without having any lawful authority and, as such, the proceeding initiated thereunder has become vitiated. It is st......alf of the accused-petitioner, submits that the Deputy Director of the Anti-Corruption Commission issued notice under section 26(1) of the Anti-Corruption Commission Act, 2004 without having any lawful authority and, as such, the proceeding initiated thereunder has become vitiated. It is stated..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....amal also pointed out that in view of the rejection of the said appeal by the appellate authority and the said order dated 6-1-2011 passed by the appellate authority having not been challenged before any higher forum any writ petition on the self-same allegation in connection with the selfsame elect......dents to show cause as to why the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....or the petitioner submits that for the purpose of determination of minimum value of Brazil origin white sugar the Customs authority had referred the matter to an assessment committee. Constitution of any such committee is unknown to law and as such the impugned assessment on recommendation of the as......y had referred the matter to an assessment committee. Constitution of any such committee is unknown to law and as such the impugned assessment on recommendation of the assessment committee is without lawful authority. Mr. Sikder further submits that section 25 (3) of the Customs Act provides an offi..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....e notice. The accused-petitioner received the said notice on 26-10-1997 putting his signature in the acknowledgement. In spite of receipt of notice, the accused-petitioner neither submitted any wealth statement nor did he pray for time for furnishing the wealth statement. Since the accused......uption to issue such notice on being satisfied on preliminary enquiry. Under the circumstances, the notice issued by the Bureau of Anti-Corruption was found to have been issued without lawful authority and without jurisdiction. Accordingly, the appeal was allowed setting-aside th..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....was stipulated on 8-12-2011. Despite the date was fixed for delivery of MRP Passport on 15-2-2012, respondent No.2 failed to delivery the passport to the petitioner on due date without assigning any reason. Subsequently, the petitioner served a demanding justice notice upon respondents through ......pondents to deliver the machine Readable Passport in favour of the petitioner bearing "Delivery Slip" with Enrolment ID MRP 2601 00000327956 should not be declared to have been made without lawful authority and as to why the respondents should not directed to deliver the Machine Readable P..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
.... Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its true spirit and purport. If there occurs any deviation in terms of such on 26 of the Act then certainly that can be remedied in a proper foru......and affirming the order No. 64/Musak 2002 dated 2-11-2002 (Annexure-F) in Nothi No.4/Musak/8(81)/Kohinoor/Aniom/Bichar/ 2001/568(3) dated 30-10-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in shor..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ract Article 102 of the Constitution as a method of cunning device. Section 12 of Ain, 2003 maintains as a pre-contention to sale the mortgage property and realized the outstanding dues, if any, before filing a suit against a defaulter borrower……………&helli......isi was issued calling upon the respondents to show cause as to why the Auction Notice dated 31-3-2010 (Annexure-A) issued by the respondent No. 2 shall not be declared to have been made without lawful authority and is of no legal effect. 2. At the time of issuance of the Rule, the impugne..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... as to which Rules (i.e. Rule 3(e) or 4) of BCS Seniority Rules, 1983 shall have to be followed in determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriat...... direct recruitment of only 230 posts of Family Planning Officers out of 464 Family Planning Officers causing discrimination to the petitioners should not be declared to have been issued without lawful authority and to be of no legal effect and why a direction should not be given to the respond..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., which runs as under- — "9(1) if, after making such enquiries as it may think fit, the registration authority is satisfied that a registered agency has been responsible for any irregularity in respect of its funds or for any maladministration in the conduct of its affairs ......o No.বাজাবস/নথি-১/২০১২/কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I) issued by the respondent No.3 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The issue revolves around the instant Rule Nisi ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......use as to why withholding/assessment and release of the petitioners' imported goods under different Letters of credit and different Bills of Entry should not be declared to have been done without lawful authority and is of no legal effect. 3. Facts are also similar in both the petition..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....espective posts the writ petitioners have been performing their duties sincerely, honestly and diligently with the full satisfaction of the students and the college authority. Nobody raised any objection against the performance of the writ petitioners. 4. An Inspection Committee of th......gularize their services in the College and the appellants' initiative to absorb MBBS degree holders to the said posts are not tenable in law and is liable to be declared to have been made without lawful authority and, as such, the appellants are liable to be directed to regularize the servi..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....as a general resentment and protest against him from the 12th to the 14th days of August, 1997. The petitioners as 'Despatch Rider' and 'Club Attendant' respectively were not, in any way, connected with the said protest and sit-in. The Rector and the Director, Administration of ......, the first appellate order dated 18-1-1998, vide annexure-T to the writ petition and final appellate order dated 24-8-2004, vide annexure-'L' to the writ petition to have been issued without lawful authority and are of no legal effect and also for a direction upon the writ-respondents to re..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ble since virus of no law has been challenged. Secondly, the provision of Sub Article (1) of Article 35 of the Constitution will not be attracted since offence as well as its punishment, if any, would be dealt with under the Ain of 2002. Thirdly, from a clear reading of the FIR, Investigat......or staying the proceedings of the instant case on the ground of violation of the provisions of section 188 of the Code of Criminal Procedure. 21. Learned Special Judge did not find any lawful and convincing reason to stay the proceedings of the case. He found no manner of application ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....cation Officer, Sadar, Mymensingh and he submitted has report on 2-3-2010 in favour of the petitioner. 10. Despite an enquiry already been concluded, the respondent No.2 without being explaining any reason as far it relates to earlier inquiry made a telephonic direction upon respondent No.6 for......n of the Managing Committee Rehai Tarapur Sarderbari Registered Primary School, Mymensingh Sadar, Mymensingh to take disciplinary actions against them should not be declared to have been made without lawful authority and are of no legal effect and or pass such other or further order or orders as to ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....lies in the MBBS and BDS admission test held on 30-9-2011. On 11-10-2011, a demand justice notice was served upon writ-respondent No.3 outlining the errors and anomalies to which he did not make any reply; hence the writ petition was filed. 5. In the writ petition, contentions were raised ......ng upon the writ-respondent-petitioners herein to show cause as to why the admission test for MBBS and BDS for the session 2011-2012 held on 30-9-2011 shall not be declared to have been taken without lawful authority and is of no legal effect. In the writ petition, a direction was also sought for up..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ion was held on 16-7-2008 but no bidder participated in the auction. Thereafter, another auction notice under section 33(4) of the Ain was given and auction held on 3-9-2008 being not participated by any bidder. On 12-11-2008 respondent-bank preferred an application praying for issuing warrant of ar......hy the Order No. 19 dated 9-9-2009 (Annexure-D-2) issued by the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore in Artha Execution Case No.11 of 2008 shall not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....y-General at length. 16. The only question that calls for consideration before this Division in this writ petition is whether in the making of assessment the respondents have committed any palpable wrong without doing the assessment in keeping with the valuation Rule, 2000. ......ed by the respondents (Annexure-A), by adoption of the "Deductive Value Method" in ignorance of the CRF certificate, relevant laws and rules shall not be declared illegal, without lawful authority and is of no legal effect and as to why the value of the goods in question shall no..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
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