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....y the High Court Division in Writ Petition No. 1050 of 1998 summarily rejecting the petition.
2. The facts involved in the writ petition, in short, are that the petitioner is a private limited company. It filed a return showing income at TK. 1,42,532.00 for the assessment year, 1994-95 but the ......oresaid writ petition on the ground that the Taxes Settlement Commission misconstrued the provision of Section 152D(2)(a) of the Income Tax Ordinance, 1984 and that it acted arbitrarily and without lawful authority in rejecting the settlement application. But the High Court summarily rejected the ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
....ere sold out to the former Jute Trading Corporation vide registered Deed No.19943 dated 29.6.1974 which was executed by the Secretary, Ministry of Jute, Government of Bangladesh.
5. M/s. Haque Company was the tenant since long from the time of original owners and used to carry on jute business ......ion. Hence the suit.
12. The plaintiff prayed for declaration that the alleged invitation of tender by defendant Nos. 1 and 2 for selling the schedule property by auction or tender was without any lawful authority and jurisdiction.
13. Pro forma defendant No. 3 contested the suit by filing a w..
Category: Property Law | Date: | Hits: 82
....said decree was executed in Title Execution Case No.91 of 1985 on 92.1986 when the civil Court delivered possession of the suit property after evicting the said MA Aziz. The Government did not prefer any appeal against the said judgment but filed an application under Order 9 rule 13 of the Code of C......ka" and Judgment and order dated 26.4.1989 (Annexure‑H) passed by the Court of Settlement in Case Nos. 564 and 575 of 1987 (Ka‑57, Gulshan, Dhaka) should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioners as follows:
That..
Category: Property Law | Date: | Hits: 86
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....did not take into consideration the fact that these petitioners who were appointed in their respective service only a few days before completion of the case project were retained in service though many of the other employees of that case project were not regularized/retained in the service of BABC...... dated 2.9.2009 issued by the Bangladesh Atomic Energy Commission (hereinafter referred to as BAEC) under the signature of the respondent Nos. 3 and 4 (the annexure G to the writ petition) without lawful authority and of no legal effect. 3. The respondents 1 to 3 in this leave petition filed..Category: Employment/Service Law | Date: | Hits: 81
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....tries are based on a misconception of the provisions of sections 18,19 and 30 of the Customs Act, 1969. He submits that section 19 of the Customs Act, 1969 being related to exemption of customs duty, any notification under this section is never subject to the provisions of section 30 of the said Act......y the assessment orders Annexures F, I, I(i), I(ii) and l(iii) customs duties, income tax, other taxes fee, surcharge levied (already paid by petitioner) should not be declared to be illegal, without lawful authority and of no legal effect and the respondents should not be directed to release the go..Category: Fiscal/Taxation Law | Date: | Hits: 131
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
.... dated 23.8.87 (Annexure X to the supplementary affidavit sworn on 13.8.90 by the petitioners) passed by the District Magistrate, Madaripur cancelling their gun licences No.20 and 9/84 without asking any reason and without giving them any chance to be heard before the order cancellation of the said ...... order dated 23.8.1987 passed by the District Magistrate, Madaripur cancelling the gun licences No.20 and 9/84 of the petitioners, Rezaul Karim Talukdar and Golam Gaffar is declared to be without any lawful authority and of no legal effect. Hence the impugned notice (Annexure ‘H’ and H-1)both da..Category: Constitutional Law | Date: | Hits: 174
.... 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful authority and is of no legal effect.
2. The petitioner is a Public Limited Company registered under the Companies Act, 1913. He has set up a Cold Storage and Ice Plant in the year......se No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful authority and is of no legal effect.
2. The petitioner is a Public Limited Company registe..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of transactions made between 01.01.2003 and 31.05.2007 which was long before the promulgation of the Ain of 2009 and pursuant to the Article 35(1) of the Constitution, no person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as a......was deposited in the said Account. Thus in the year 2003 in total US$ 27, 78,970.00 was deposited in the aforesaid Account of the accused No.1 in Singapore which was collected as illegal benefit by unlawful means and illegal pressure of the petitioner Tarique Rahman being the son of the then Prime M..Category: Civil Law | Date: | Hits: 238
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....r within 7 days; that the appellant submitted his explanation to the Inquiry Officer denying the charges levelled against him on 15th August, 1981; that the Inquiry Officer submitted a report without any proper enquiry against the appellant in violation of the provisions of the Agrani Bank (Employee......was held; that the appellant was given all opportunities to defend himself; that the Bank authority upon consideration of the enquiry report dismissed the plaintiff; that the decision of the Bank was lawful and was made by the competent authority; that the dismissal order was confirmed and approved ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....nama Register and other relevant papers. On 3.3.2010, the petitioner appeared before the enquiry officer with the main volume of Nikah Register and other relevant papers. The petitioner was not given any opportunity to given any statement or he was allowed to ask any question about the allegation. ...... to show cause as to why the impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by respondent No.3 shall not be declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.199..Category: Civil Law | Date: | Hits: 128
....bmits that, the trial court has passed the decree stating as reason that even if for arguments sake it is considered that the plaintiff has failed to prove the fact of acquiring title on the basis of any gift, then it has at least acquired title by virtue of adverse possession, whereas the settled l......n occupying some establishments built on suit property and has been receiving a portion of the rental income of the suit property and that these rights as well as the title of the plaintiff has been lawfully declared in favour of the plaintiff. He has also submitted that the utility bills were bein..
Category: Property Law | Date: | Hits: 89
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....Comptroller and Auditor-General of Bangladesh cannot hold the office of the Chairman of the BERC. So his purported appointment as the Chairman of the BERC and his holding of that office are without any lawful authority and void ab initio. 4. In the Supplementary Affidavit dated 4-5-2010 filed o......s (Annexure-'D') and why the holding of the public office of the Chairman of the BERC by the respondent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....েয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contempla......-৮-৯০ ইং তারিখে অনুষ্ঠিত খেলার পয়েন্ট বাযেয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforceme..Category: Constitutional Law | Date: | Hits: 165
.... decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect.
2. Respondent No.2 Abul Hossain filed IRO case......ision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect.
2. Respondent No.2 Abul Hossain filed IRO case No...
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....chool to the entire satisfaction of all concerned the Respondent No.1, the Deputy Commissioner, Dhaka, directed a Magistrate to hold an inquiry although the respondent No.1 had no authority to direct any such enquiry and a Magistrate had no authority to hold any such inquiry. Thereafter, the respond......ing as the Assistant Headmaster of Uttar Kafrul High School and appointed the respondent No.4 Mr. AKM Kader, an Assistant Teacher of the said School, in his place has been challenged as being without lawful authority and of no legal effect. 2. The case of the petitioner is that he was appointed a..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ember 29, 1986 by the respondent 1 has been made without lawful authority and is of no legal effect. 2. The petitioner was the Assistant Cashier under the Respondent 4, the Crescent Jute Mills Company Ltd. He was dismissed from service by the Respondent‑company on the allegations, inter alia, t...... Writ Petition No.22 of 1987. Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made without lawful authority and is of no legal effect. 2. The petitioner was the Assistant Cashier under the..Category: Labour and Industrial Law | Date: | Hits: 115
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....warded to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shall not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents shall not be directed to a......ed to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shall not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents shall not be directed to absor..Category: Employment/Service Law | Date: | Hits: 82
.... University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sag......spondent No.1 Vice‑Chancellor of the BUET suspending the operation of the order dated 18.6.91 appointing the petitioner as professor on probation shall not be declared to have been made without any lawful authority and to be of no legal effect and why the respondents shall not be directed to cance..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... chapter lays down certain general principles in wide terms about agency. Commission agents are agents within section 182 of the Contract Act which states that an 'agent' is a person employed to do any act for another or to represent another in dealings with third person. The person for whom s......local agent, that the condition for payment of local agent's commission was accepted earlier while accepting the bid of the supplier and that the refusal by the Government to pay such commission is unlawful. 6. Mr. Murad Reza, learned Additional Attorney General contended that the High Court Divi..Category: Business or Commercial Law | Date: | Hits: 267
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....e over phone how could he prevent the petitioner from going abroad on that day Ultimately, the said Police Officer seized the passport of the petitioner most illegally and even he refused to give him any receipt for that. While the petitioner insisted very much for a receipt, the said Police Officer......n the list of the persons who were not to be allowed to avail the privileges of passport. 8. On the backdrop stated above, it is submitted that the respondents have acted illegally and without any lawful authority in revoking the passport of the petitioner and depriving him from travelling abroad..Category: Constitutional Law | Date: | Hits: 288
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