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....gally in passing the impugned judgment and wrongly placed importance to the handing over of the keys of the Akhra by Rekha Rani Devi wife, of the first party opposite party to receiver without giving any importance to the evidence of possession on record and, as such, the impugned judgment is liable......ion of the disputed property on the date of drawing up of the proceedings or whether two months next before such date on the basis of evidence of possession and not to decide which of the parties has lawful claim of possession therein on the basis of document of title. In the facts and circumstances..
Category: Criminal Law | Date: | Hits: 32
....ndents to show cause as to why the Impugned Memo dated 13-4-95 Annexure ‘A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operati......ts to show cause as to why the Impugned Memo dated 13-4-95 Annexure ‘A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation o..
Category: Employment/Service Law | Date: | Hits: 76
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....her bidders have already been refunded. Although by now nearly 5(five) years have already elapsed the earnest money of the petitioner as the highest bidder has not been refunded by the respondent nor any decision has been taken allotting or refusing to allot the said plot to the petitioner. Hence th...... and Memo No. RAJUK/Estate 2827 Star dated 14.08.2003 issued by the respondent No.5, Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- ..Category: Others | Date: | Hits: 81
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... আর্থিক প্রতিষ্ঠানের বিরুদ্ধে ক্ষতিপূরণ দাবী করিতে পারিবেন”। Which debars challenging of any auction sale made under Section 12 of the Artha Rin Adalat Ain, 2003. The High Court Division al......he writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary, mala fide and discriminatory action and is illegal, without lawful authority and of no legal effect and that the property has been sold at a shockingly low valu..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....he petitioner before us is a brother-in-law of the detenu. He stated in his writ petition that the detenu comes of a respectable Muslim family. He is an established businessman. He is connected with many educational and social organisations in Chittagong and Dhaka. He is the Joint Secretary of main ......ng detained in Central Jail, Dhaka, under section 3 of the Special Powers Act, 1974, should not be brought before this court so that it may satisfy itself that he is not being held in custody without lawful authority and in an unlawful manner. 2. The petitioner before us is a brother-in-law of th..Category: Criminal Law | Date: | Hits: 45
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
.... that value which the customs authority call indicative value. 6. In this case, the tax has been imposed on the basis of the term ‘indicative value’ but this term indicative value is not found anywhere within the four corners of the Customs Act, 1969 and, as such, it is submitted for the peti......ssions made above, we find merits in this Rule. In the result, the Rule is made absolute. The fixation of valuation and imposition of taxes by the impugned order is declared to have been made without lawful authority and ultra vires of the Constitution and are of no legal effect. The Customs authori..Category: Fiscal/Taxation Law | Date: | Hits: 83
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....rt High Court Division (Statutory Original Jurisdiction) Present: Md. Joynul Abedin J Ahsan Karim Jinnah………………………………Petitioner Vs. Meghna Insurance Company Limited & others………………Respondents Judgment December 11, 1999. Cases Ref......ourt in this connection. 7. The question that has arisen for consideration is, whether the petitioner in fact transferred his shares in favour of the respondent Nos. 2-7 and, if so, whether it was lawful for Company to register the said transfer in its register of members on the basis of unstampe..Category: Company Law | Date: | Hits: 203
....ing payment of the supplementary electricity bills by way of penalty for an amount of Taka 12,19,191 which was done in violation of section 26(6) of the Electricity Act, 1910 and also without serving any notice under Tariff Rule 17 if a false seal was found to have been placed with the meter of the ......espondent No. 3 directing to disconnect the electric supply to the petitioner, Modern Cold Storage Limited situated at Feni Town, Feni should not be declared to have been passed illegally and without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be pu..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....ure-D(2) has been established. We find sufficient force in the argument of Mr. Zindigir. A defence material could be turned into a part of prosecution material if it is admitted by the prosecution in any manner or a bridge could be shown to have been established in between the materials, either on t......ubmitted that at least the offence under section 467 of the Penal Code stands outside the ambit of the prohibition of section 195 and that cognisance of this offence on private complaint is perfectly lawful. In reply to this submission his Lordship, Mr. Justice Shahabuddin Ahmed, CJ, as his Lordship..Category: Criminal Law | Date: | Hits: 43
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....ousing and Public Works or its Department in favour of the petitioner. It has been further stated that the said Fouzdar Miah left this country during the liberation war and that he has not been found anywhere in Bangladesh. Thereafter, one Abu Saved was found in the suit property and the Government ......o. 1, First Court of Settlement in Case No. 20 of 1990 (Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be exclude..Category: Property Law | Date: | Hits: 39
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) AC 735, P 742; Rahe Manjil Transport vs. Md. Amin, PLD 1963, Karachi 182, Jahanara A......mits that the impugned execution proceeding being neither "মামলা" nor "বিচারাধীন" the order of transfer of the same by the Adalat under section 60(3) of the Ain is without lawful authority and is of no legal effect. In order to substantiate his argument, the learned Advoc..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....e Inquiry Officer. Mr. Quayum further submits that besides, natural justice was seriously violated in the instant case as because the petitioner was not given opportunity to examine and cross-examine any witness with regard to matter in issue. It is further submitted that there is absolute discrimin......-৩/অভি(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as t..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... into new case in pursuance of the provisions of section 60(3) of Artha Rin Adalat Ain, 2003 being inconsistent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any lawful authority and of no legal effect and also the provisions laid down in section 2(ga)(4......nd consequently the transfer of Title No. 125 of 2001 vide Order dated 1-10-2003 being inconsistent with section 6(e) of the General Clauses Act, 1897 should not be declared to have been made without lawful authority and is of no legal effect and or pass such other or further order or orders as this..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
.... the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in short, are that the petitioner is a private limited company, incorporated in Bangladesh. Pursuant to a Joint Venture Agreement (hereinafter referred to as......ld be directed to pay the value of the detained stamps. In the Result, the Rule is made absolute with cost. Impugned Memo dated 24-10-2004 is accordingly declared to have been issued without lawful authority and, as such, of no legal effect. The respondents are directed to refund the, det..Category: Business or Commercial Law | Date: | Hits: 178
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ntaining the punishment for recovery of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgment within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed a......ning the punishment for recovery of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgment within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Labour and Industrial Law | Date: | Hits: 114
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....ested a right in them to get the cement cleared on the basis of earlier rate of exemption that was in force at the time of opening of the letters of credit and the Government was estopped from asking any further duty on the basis of subsequent Notification being SRO No. 233 dated 20-10-98. 7.......ustoms duty on the Grey Portland Cement by the Notification being SRO No. 233 dated 20-10-1998 by reducing exemption under section 19 of the Customs Act, 1969, hereinafter referred to as the Act, was lawful, valid and constitutional. 2. In the writ petitions, the petitioners are not the same ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....f respondent No. 3 on the recommendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to have been done without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The edu......spondent No. 3 on the recommendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to have been done without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The educati..Category: Employment/Service Law | Date: | Hits: 65
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
.... letter dated 5th April, 2001 that their names have been included in the CIB Lists for non payment of outstanding dues in connection with loans advanced to Modem Jute Mills Limited, a private company having its office at "Modern Mansion" 53, Motijheel Commercial Area, Dhaka by Janata Bank, ......of the petitioner as a defaulting loanee as a Director of Modern Jute Mills Limited as communicated to the petitioner by the Programme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Banking Law | Date: | Hits: 124
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....he Government servants. He adds that the Government servants should not be transferred from the place of his posting within 3 years. He lastly submits that the respondent No. 3, without assigning any reason passed the impugned order (Annexure-A), causing serious miscarriage of justice. 6. Mr.......e of Senior Assistant Secretary, vide memo. No. পার-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the peti..Category: Employment/Service Law | Date: | Hits: 89
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
.... the affidavits-in-opposition submitted that after service of notices upon the petitioner by the Bankruptcy Court no written objections under section 27 of the said Act was filed by the petitioner in any of the cases and no evidence was adduced by any party and, as such, there was no scope for dismi...... upon the respondents to show cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the..Category: Civil Law | Date: | Hits: 78
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