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Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....A to the Writ Petition shall not be declared to be without authority and of no legal effect. 2. The case of the petitioners, in short, is that, (a) the petitioner No. 1 is a private limited company carrying on business, inter alia, of manufacturing and marketing of beverage products and establ......ssed provisions of law there is no question of infringement of Article 31 of the Constitution and application of Article 40 is "subject to any restrictions imposed by law". And 'wishful hopes without lawful root is not legitimate expectation' (Hafizul Islam vs Bangladesh, 11 BIT 65). 32. In Trava..Category: Others | Date: | Hits: 182
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
.... of the plaintiffs alleging that the plaintiffs have no right, title and interest in the suit land and in fact the suit has been filed by certain greedy person in the name of the plaintiffs and that many of the named plaintiffs are fictitious persons and that the suit land vested in the defendant No......ees of M/S. Rally Brothers, and that they used to carry the raw jute, brought by the jute traders and sold to M/S. Rally Brothers, to the godowns of M/S. Rally Brothers and that the Government became lawful owner-possessor of the suit land on the basis of purchase through the decree passed by the Co..Category: Property Law | Date: | Hits: 58
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
.... of customs duty on the basis of Tariff value instead of registration value pursuant to import particular registration scheme on the ground that imposition and levy of duty upon such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. I......customs duty on the basis of Tariff value instead of registration value pursuant to import particular registration scheme on the ground that imposition and levy of duty upon such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. It op..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....tion). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land ......a Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No. 25 of 2001 (arising out of Mortgage Suit No. 72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....contradictory and misleading statements by the condemner before the Court aggravated the contempt. The “unconditional apology” tendered by him without compliance of the Court’s order or without any satisfactory explanation as to why the order was not complied with, this cannot be accepted an...... calling upon the respondents to show cause as to why the Memo No. Shanstha/214/8/A-8/2004 dated 27.6.2006 issued by respondent No.3 (Annexure-H) shall not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Criminal Law | Date: | Hits: 68
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Civil Procedure Code in an execution proceedings under the Artha Rin Adalat Ain, 2003 Chapter VI of the Artha Rin Adalat Ain, 2003 specially the provisions regarding execution under of the Ain and any of the provisions of the Ain has no conflict with that of the provisions of Order XXI rule 83 of...... Accordingly, the Rule is made absolute and the impugned order dated 5.4.2010 passed by the Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 is declared to have been passed without lawful authority and is of no legal effect. 15. The learned Judge, Artha Rin Adalat No.3, Dhaka ..Category: Procedural Law | Date: | Hits: 95
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
.... including the grounds of detention. On going through the aforesaid grounds of detention and the materials in support thereof maintained in the Government File ('Secret File') it appears that unlike many other cases the detaining authority in the instant case specifically mentioned the dates and pla......s to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself that he is not being held in custody without lawful authority. 2. The aforesaid detenu was arrested on 6‑1-2003 under section 54 of the Co..Category: Criminal Law | Date: | Hits: 55
....ouncil praying for exempting them from the punishment but the Academic Council did not allow the prayer of the respective petitioner.
12. Petitioner of respective Rule claimed that no witness gave any testimony supporting any allegations against him in his presence and the inquiry report was neit...... any opportunity to cross-examine any witness or to rebut any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protecti..
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....ন র্সাটিফিকেট দাখিল করা হয় নাই।” dismissed the appeal. As against the order of the appellate authority petitioner went on appeal, but without any success. 4. The learned Advocate for the petitioner submits that the Deputy Commissioner of T...... Memo No. Revision-4189-90/7550-7552 dated 6-6-1990 (Annexure-C to the petition) of the office of the Commissioner of Taxes Dhaka (East) Zone. Dhaka should not be declared to have been passed without lawful authority and of no legal effect and to direct the respondent No. 1 (Deputy Commissioner of T..Category: Fiscal/Taxation Law | Date: | Hits: 77
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the Companies Act and is engaged in the business of making of Ready-made Garm......zing fabrics of the petitioner as contained in container No. PCIU 4440796 and MLCU 3603969 and rotation No.964/97 and 979/97 dated 28-9-97 and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... Memo No. prosi/Bibha Zio 97, Mamla 214 (Head Office) 724-726 dated 19-11-97 issued by the respondent No.3 (Annexure-H) to the supplementary affidavit should not he declared to have been made without any lawful authority and are of no legal effect or such other or further order or orders passed as t......o No. prosi/Bibha Zio 97, Mamla 214 (Head Office) 724-726 dated 19-11-97 issued by the respondent No.3 (Annexure-H) to the supplementary affidavit should not he declared to have been made without any lawful authority and are of no legal effect or such other or further order or orders passed as to th..
Category: Employment/Service Law | Date: | Hits: 87
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....ioner cannot avoid the compulsion of law on the plea of secrecy of bank account. 4. Admittedly, petitioner is a member of the Dhaka Stock Exchange Ltd. and was Chairman for 3 terms of the said Company lastly from 1993-1995. He is also a dealer of shares of Dhaka Stock Exchange Ltd. Respondent No....... of Khurshid Alam and Co. calling upon the respondents to show cause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the..Category: Banking Law | Date: | Hits: 196
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....petitioner appeared in the suit and filed an application on 4-7-97 under section 151 of the Code of Civil Procedure praying for rejection of the plaint on the ground that the plaint does not disclose any cause of action. Thereafter, the petitioner filed another application on 20-8-97 before the lear......ns made by the relevant authority calling for prosecution of the petitioner and gave him sufficient opportunity to defend himself, he filed the present suit with mala fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law i..Category: Procedural Law | Date: | Hits: 83
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....-94 (Annexure-F) passed by the respondent No. 1 and the order dated 9-1-86 (Annexure-C) passed by the ADC (Rev) Khulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 7......(Annexure-F) passed by the respondent No. 1 and the order dated 9-1-86 (Annexure-C) passed by the ADC (Rev) Khulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25..Category: Property Law | Date: | Hits: 107
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....at the deed of sale in his favour was executed by aforesaid Syed Mahmood Hasan. He then submits that the reasons assigned by the Court of Settlement in rejecting the applications are not borne out by any legal reason nor the said order can be termed to have been passed with lawful authority and, mor......ow cause as to why order dated 29‑10‑2000 passed by the Court of Settlement No. 1 in Case No. 15 of 2000 (Ka‑1 Tejkunipara, Dhaka) (Annexure-C) should no be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner Abdur Rahman filed an applicatio..Category: Property Law | Date: | Hits: 59
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....ause to why the detained Md. Shahid now being detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. Heard the learned Advocate Mr. Sk Md. Morshed f...... to why the detained Md. Shahid now being detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. Heard the learned Advocate Mr. Sk Md. Morshed for t..Category: Constitutional Law | Date: | Hits: 161
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e area is based on agriculture. So, declaration of such an area as an urban area under section 3(1) of Ordinance XXVI of 1977 for the purpose of extension of the Municipal area is illegal and without any lawful authority. 7. Mrs. Bhuiyan, the learned Counsel, further submits that the impugned dec......ification SRO No. 30‑Ain 2000 Sha‑Poura-2 Ga Sha‑1/92 dated 3‑2‑2000, issued by the respondent No. 1, Annexure-A to the petition, should not be declared to have been made illegally, without lawful authority and of no legal effect. 2. The case of the petitioners, for the purpose of the d..Category: Election Law | Date: | Hits: 85
Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)
....RO No.244 dated 31.12.96, has been withdrawn and directed to assess customs duties and other charges on the basis of tariff value and the above refusal and direction an arbitrary, illegal and without any lawful authority. 4. The respondents in Civil Petition Nos. 661-69 of 2001 filed Writ Petitio......o.244 dated 31.12.96, has been withdrawn and directed to assess customs duties and other charges on the basis of tariff value and the above refusal and direction an arbitrary, illegal and without any lawful authority. 4. The respondents in Civil Petition Nos. 661-69 of 2001 filed Writ Petition No..Category: Fiscal/Taxation Law | Date: | Hits: 93
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....ondent on payment of 3 months notice pay instead of 3 (three) month's notice but the High Court Division declared the order of termination as being issued without lawful authority without assigning any cogent reason hence the judgment and order of the High Court Division is liable to be set aside ......gulation terminated the writ respondent on payment of 3 months notice pay instead of 3 (three) month's notice but the High Court Division declared the order of termination as being issued without lawful authority without assigning any cogent reason hence the judgment and order of the High Court ..Category: Employment/Service Law | Date: | Hits: 95
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
.... Dhaka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful authority and or such other of further order or orders passed as may be deemed fit and pr......ka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful authority and or such other of further order or orders passed as may be deemed fit and proper..Category: Others | Date: | Hits: 100
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