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Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e giving seven days time, although the petitioner is not an unauthorized occupant in the land. The Senior Assistant Commissioner of Vested Property Cell has no lawful authority under the law to serve any such notice, therefore, the impugned notice is wholly without jurisdiction. In response to a que......of Vested Property Cell issued the notice giving seven days time, although the petitioner is not an unauthorized occupant in the land. The Senior Assistant Commissioner of Vested Property Cell has no lawful authority under the law to serve any such notice, therefore, the impugned notice is wholly wi..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... India. Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar, after passing engineering from Calcutta University in 1950 worked as site Engineer for 2(two) years under Messrs Bridge and Roof Company, India and then migrated to Dhaka and joined C&B Department in 1951 as an Assistant Engineer...... brother-in-law of plaintiff Shamsul Kabir Humayun Reza. Till the hearing of the appeals, he did not take any step either to recover the possession of the suit plot or for declaration that he was the lawful owner of the suit plot. The High Court Division further found that though the letter of allot..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....spondent Nos. 4-8, appears to be heinous in nature and, therefore, respondent No. 4 ought to have registered the case under the relevant provisions of the Nari-0-Shishu Nirjatan Daman Ain or under any other rigorous provision of the Penal Code aiming at securing exemplary punishment to the offen......ule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents to take legal action against the respondent no.5 should not be declared illegal and without lawful authority and why a direction should not be given upon the respondent nos.1-4 to take legal ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the impugned order and the second one is against the publication of auction notices in one local daily Ajker Bhola on 20-4-2011 and in the Daily Nayadiganta on 22-4-2011 sought to be declared without any lawful authority and is of no legal effect. 3. None appears for the petitioner though the m...... Nayadiganta on 22-4-2011 (Annexure-B and B-1 respectively) for selling the schedule mortgaged properties in to auction which is scheduled to be held on 22-5-2011 should 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: Property Law | Date: 7 Nov, 2012 | Hits: 8
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....e same date (16.02.2006) allowed the judgment-debtors to pay the decretal amount in 4(four) installments, the date of last installment being 25.01.2007, on the condition that in default of payment of any installment, the entire decretal amount shall be payable and in that case, the execution case sh...... Ain, 2003 passed by the Adalat on 07.10.2007 in the execution case without compliance of the provisions laid down in section 34(9) of the Ain, 2003 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The decree-holder-Bank contested the Rule by fi..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
.... charges has complete ownership over the goods and the respondent No.7 as an instrumentality of the Customs Authority and Port Authority resultantly has no legal competency to withhold delivery under any plea. He also submits that respondent No.5 (bank) already certified that money has been tra...... dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 dated 11-4-2010 and Bill of Lading No.S00005402 dated 15-4-2010 should" not be declared to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to r..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....ings against him and obtained the Rule. 4. In the application, it was contended, inter alia, that after the enactment of the Durnity Daman Commission Ain, 2004 (the Ain, 2004,) the initiation of any proceeding in respect of any offence described in the schedule thereto prior sanction of the Dur......ng of cognizance of the offence under section 409 of the Penal Code against the petitioner by the Senior Special Judge on 12-3-2005 in the absence of any sanction was not illegal or without lawful authority. In view of our findings that continuation of the investigation of the case in..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....fore, no VAT is payable by the petitioner on the license fee etc. ........... (18) License renewal fee must be paid The issue of applicability of VAT and/or liability of the petitioner company to pay the VAT has no relation whatsoever with regard to the payment of license renewal fee and ......relates to already assigned spectrum in 2008 (2.6 MHz 1800 band) and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2. Brief facts, necessary for the disposal of..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....avour of writ the petitioners and delivered possession thereof to them as part performance of the contract. There was no allegation that she was not a citizen of Bangladesh or she was the national of any country, which was at war with Bangladesh at any time after 25th March, 1971. As such, the very ...... Ordinance No.LIV of 1985. Thus the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal effect. 7. Being aggrieved by and dissatisfied with the enl..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....D) (2013) 98. ......alified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority………..........(8) Prevalence of Loan Agreement over PPA ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
...., their services were extended for indefinite period and some of them unintentionally broke 3(three) days till their working upto 18-4-2004. The petitioners continuously worked for years without any break as is evident from the pay slips (annexure-C series) till 18-4-2004 and after the decision......nts, appellants herein to show cause as why the decision dated 30-3-2004 passed by the Chairman, Third Labour Court, Dhaka in the respective IRO case shall not be declared to have been passed without lawful authority and is of no legal effect. 7. In the respective writ petition, the respe..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....s in respect of their disputed shares…........ (9) Lawyers Involved: Aklitar Imam, Advocate—For the Petitioner. Moksedul Alam, Advocate—For the Respondent. Company Matter No.52 of 2012. Judgment Md. Rezaul Hasan J.- This is an application under secti...... 10. In view of the deliberation record above I find merit in the application. 11. In the result, the application is allowed. It is declared that the petitioner is the actual owner and he has lawful title in respect those of the 6, 17,000 numbers of shares allotted in the name of Capital Ban..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ution has examined 45 witnesses, and tendered 5 witnesses, of them, Fazlul Huq (P.W.2), Saiful Alam (P.W.13), Moloy Kranti Pal (P.W.14) are eye-witnesses of the occurrence but they could not identify any accused. 4. The Metropolitan Sessions Judge, Chittagong convicted co-accused Osman alias Md...... proved; secondly, there should be prima-facie evidence of the existence of the conspiracy; thirdly, a prima-facie case cannot be made out by mere proof of intention of two or more persons to do an unlawful act or a lawful act by unlawful means; and finally, after the existence of the conspirac..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....mic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Division should guard to see that it's processes are not abused by any person or lawyer and exercises it's jurisdiction sparingly. The litigation must be initiated fo......value is provided in section 5 of Act, 1991 and in total disregard of the said provision the tariff value was fixed by the impugned order and this arbitrary fixation of tariff value is without any lawful authority. 3. The appellants contested the petition asserting that the supply of a prog..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
.... is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the company, either by majority of the members or by the directors of the company. This jurisdiction, confer......as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....mp; Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal Lalchand Sachdey Vs. State of Maharrashtra, 2 SCC 782; Central Bank of India Vs. Devi Ispat Ltd, 11 SCC 186; Empire jute Company Limited Vs. Jute Corporation of India Limited, 14 SCC 680; 4 ALR 74 (SC) and Bangladesh telecom ......6-1-2008 executed by and between the respondent No. 2 and the petitioner for 50 MW Power Plant at Shahjibazar (wrongly written as Kumargaon) Sylhet, should not be declared to have been passed without lawful authority and is of no legal effect and also to show cause as to why the respondent slti..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....hers. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provisions of the Constitution dealing with the separation of powers are not in any manner violated by anyone. The petitioner stated that he has filed this petition in the greater ......d Article 78(1) of the Constitution and what reasonable action may be taken for such conduct is being left for the Hon'ble Chief Justice for necessary action in consideration of the matter is without lawful authority and of no legal effect. 2. It has been stated in the petition that the petition..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....issolved. The unlawfully created General Council is also hereby dissolved. In view of the vacume, the National Sports Council, the parent body is directed to set up an ad-hoc Committee, excluding any of the person named in the impugned document, for a period of three months and then take steps t......ecutive Committee of Bangladesh Shooting Federation (hereinafter referred to as the Federation) on the basis of election of the said Federation held on 23rd December, 2008 to have been issued without lawful authority and is of no legal effect. The petitioners also sought a direction upon writ-respon..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....dents
Judgment
July 18, 2012.
Result:
The Rule is discharged.
The Anti-Corruption Commission Rules, 2007, Rule 10
Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation w......al Case No.01 of 2007 arising out of Dimla P.S. Case No.18 dated 21.02.2007 corresponding to G.R. No.40 of 2007, pending before the learned Special Judge, Rangpur should not be declared to be without lawful authority, inasmuch as the investigation could not be completed within the stipulated period ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
.... R.S. Plot Nos.4233, 4234, 4235 and 4236 along with 29 other plots as abandoned property in the name of the Government. 4. Article 2 (1) of P.O. 16 of 1972 defines' abandoned property' means 'any property owned by any person who is not present in Bangladesh or whose whereabouts is not know......5. This Division dismissed the said review petition by judgment dated 1st February, 2007. In view, of the, above, learned counsel submits that after declaring the impugned order illegal and without lawful authority, there is no scope for maintaining the said order. 7. On perusal of the said..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
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