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....er is not entitled to get the same but a photocopy was allowed. It has to be mentioned that no specific case was filed by the respondent Nos. 1 and 2 before the learned District and Sessions Judge or any judicial proceeding was initiated for the purpose of obtaining such permission. As no case or pr......tection has been given under the law to protect the secrecy between the bank and its customers. In the premises stated above the impugned memo (order) is liable to be declared illegal and without any lawful authority.
In the result, the Rule is made absolute. The impugned memo (order) dated 22-9-..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....long with his family members on the 24th December, 1971 and it was subsequently known that he was killed along with his family members by miscreants on that date and since then he was not heard of by any of his relations. In the circumstances one Ayesha Begum, the only sister of Md. Ismail was alive......dge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title..Category: Property Law | Date: | Hits: 116
....n. The petitioner has stated that the bills, however, were not paid to the contractors.
4. The petitioner has asserted that the situation was so tense and grave that the petitioner could not lodge any GD Entry in the nearby police station as he had to shift his family from Serajganj to Dhaka. The......laint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former p..
Category: Employment/Service Law | Date: | Hits: 72
Mukit and others Vs. State, 2011, 40 CLC (AD)
....ns 302/149 of the Penal Code although he found them guilty under section 148 of the Penal Code. Section 146 defines rioting. It says, whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly every member of such asse......about 8 a.m. the occurrence took place towards the northern side of the house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful assembly trespassed into the place of occurrence and at one stage they attacked Fazir Uddin..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....on and so no illegality has been committed. 6. Mr. A.S.M. Munir, the learned Counsel appearing for the respondent caveator has submitted that Article 9C of the Red Crescent Order 1973 did not give any authority to the President to extend the tenure of the committee to any ad-hoc managing board an......titioners to show cause as to why the impugned order vide Memo No. Shapkam/Hash-1/Clinic-5/93/259 dated 30.12.2002 (Annexure-D to the writ petition) should not be declared to have made/passed without lawful authority and is of no legal effect and why direction should not be issued upon writ-responde..Category: Civil Law | Date: | Hits: 116
....ach year Government has been issuing tender notices and leasing out the aforesaid hats and Bazars and the Jalmahal; that so called Azam Khan Chowdhury Waqf Estate never leased out those properties at any time; that the notice for leasing out the hats and Bazars and jalmahal are for the year 1411 B.......ocate-on-Record, appearing for the petitioner submitted the petitioner challenged the impugned tender notices Annexures-E, E1 and G to the writ petition to be declared to have been passed without any lawful authority and is of no legal effect. The High Court Division having not gone into the merit o..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....torney-General contends that as the action has been taken under Martial Law Order No.9 of 1982 it is protected under the Constitution (Seventh Amendment) Act, 1986 and cannot be called in question in any Court including this Court. We are also of the opinion that jurisdiction of this Division to exa......al Law Order 9 of 1982 signed by the Secretary, Ministry of Communication. 3. The petitioner obtained this Rule upon such facts challenging the order on the ground the same has been passed without lawful authority and to dispose of the review application filed by him on 29-8-85 before the Review ..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....a Magistrate, Faridganj in the District of Chandpur, being CR Case No.162 of 1991, alleging inter alia that she is a helpless widow. Her husband Arab Ali died leaving her and three minor sons without any asset to support them as a result of which she was leading a miserable life. It has been alleged......that the prosecution has failed to prove the ingredients of section 493 of the Penal Code. Section 493 of the Penal Code reads as follows: “Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual..Category: Criminal Law | Date: | Hits: 67
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... respondents. Writ Petition No. 4971 of 2009 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of the writ petitioner Nasim Anwar Hossain, share holder of a private limited company, was issued calling in question the inclusion of her name in the report published and circulated......ngladesh Bank as related with Ben-Lub Pte Ltd., a defaulting borrower company against borrower code No. 56421 (evident from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....h Ltd. and its Khulna Branch as plaintiffs (herein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore seventy eight l......tice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On the other hand, Mr. Md. Golam Mostafa, the learned Advocate appearing for..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....g examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at 71 Dil......mo No. 619/5 Cr dated 29‑5‑94 (Annexure‑C) issued by, respondent No. 2 directing examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporate..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....f the Ministry of Education on 26-1-97. It is stated that when the University was functioning the impugned public notice dated 6-3-97 requesting the guardians of the students not to take admission in any private University other than the Universities the names of which were mentioned in the schedule......ice No. SHA/14/13-Be-Bee- 4-97-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj” on 7-3-97, so far as it relates to the petitioner, should not be declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....6 of the General Clauses Act, 1897: “Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.” an......sions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitione..Category: Criminal Law | Date: | Hits: 56
....2. The facts leading to the issuance of the Rule may be summarised as follows:
The petitioners are full brothers, petitioner No.1 is the Director of Madina Metal Industries, a private Limited Company having been incorporated in Bangladesh under the Companies Act, 1913. The petitioner No.2 is the......n the respondents to show cause as to why the impugned order contained in Memo No. 485/DAB(Dhaka) dated 8-4-96 (Annexure-A) issued by respondent No. 2 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may ..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....were directed to show cause as to why the order dated 4-11-97 of the respondent No. 1 the Chittagong Port Authority, hereinafter shall be called the ‘Port Authority’, directing the petitioner company to pay charge rates as per Tariff Item No. 4-1-1 of the Schedule of Charges published in Banglad......e petitioner company to pay charge rates as per Tariff Item No. 4-1-1 of the Schedule of Charges published in Bangladesh Gazette Part VI on 10-1-1991 shall be declared to have been passed without any lawful authority, arbitrarily, malafide and void and why the respondents shall not be directed to re..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....nj passed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, theref......assed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore,..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....luation of its own at the rate of US $ 5500.00 per Metric Ton. The petitioner claims that the Tribunal had passed the order without considering the relevant material and arrived at a decision without any basis. The decision and order of the Tribunal which has been annexed as Annexure E has been chal......12-97 in File No. CEVT/Case/ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by the Review Committee, Chittagong vide order dated 28-7-97 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Broth..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....in respect of the firearms in question have been passed in clear violation of the principle of natural justice because before cancelling the licences the petitioner was neither heard nor he was given any opportunity to show cause and, as such, the impugned order is liable to be declared to have been......aka (Arms-Section) issued under the signature of the Additional Deputy Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a doub..Category: Others | Date: | Hits: 105
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....g Treatment of Liabilities and in clause 5.1 it was stipulated that the long term liabilities due to financing institutions like Bangladesh Shilpa Bank, Bangladesh Shilpa Rin Sangstha, Krishi Bank or any other Commercial Banks and the Financing institutions shall be assumed by the buyer on the exist......cause as to why the impugned order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner..Category: Others | Date: | Hits: 95
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....bar Ali was never acted upon but the defendant No.5 subsequently on 14-7-1982 sold 0.24½ acres of land to Hanif Ali Biswas, the defendant No.4 (the son of Nabu Ali Biswas) although he never acquired any right, title or possession in respect of the properties mentioned in the deed of gift, that befo......rred his said properties in favour of the defendant No.4, the alleged revocation of the gift by a deed of conciliation registered on 11-11-1982 allegedly by defendant No.3 was illegal and without any lawful effect, ‘consequently the deed of sale (Exhibit 4) did not confer any right, title or inter..Category: Property Law | Date: | Hits: 72
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