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Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... This Case is also Reported in: 54 DLR (2002) 121. ...... is reasonable that the defendant should be allowed to appear and defend the suit.” 6. We find that on the basis of submission in the applications as quoted above learned Judge acted without any lawful authority in granting the leave to the defendant to enter appearance and to defend the afores..Category: Civil Law | Date: | Hits: 64
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....y the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at first has argue......e detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at first has argued th..Category: Criminal Law | Date: | Hits: 34
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....and justified and on that finding, converted the order of dismissal into an order of termination with all benefits under the rules. The said order is challenged in this writ petition as being without any lawful authority and of no legal effect. 4. Mr. Md. Abdur Rashid, the learned Advocate appe......tion of the evidence and the materials adduced by the respective parties, found that the enquiry held against the petitioner was not a fair one and as such the order of dismissal from service was not lawful and justified and on that finding, converted the order of dismissal into an order of terminat..Category: Labour and Industrial Law | Date: | Hits: 124
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....re-C) asking the petitioner to return the property situated at 6, Shaheed Moinul Road, Dhaka Cantonment stating the reasons that there was no law for transferring the military property in question to any civilian and that there was also no reason of any public nature for transferring the said proper......e subsistence of a registered lease in perpetuity dated 8.7.1981 situated at 6, Shaheed Moinul Road, Dhaka Cantonment, Dhaka without due process of law shall not be declared to have been made without lawful authority and is of no legal effect and also violative of the fundamental rights guaranteed t..Category: Property Law | Date: | Hits: 88
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....িদ্ধান্ত উক্ত আদালত র্কতৃক জারী ও বাস্তবায়ন করা হইবে।” The above section provides that notwithstanding anything contained in the Civil Procedure Code. Artha Rin Adalat may execute its decree. Under secti...... of 1991 by the learned Subordinate Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is concerned should not be declared to have been made without lawful authority and to be of no legal effect. 2. We have found that in this Rule the petitioner ..Category: Civil Law | Date: | Hits: 89
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....sing and Packaging Limited of 30-12-1999. 2.It is stated in the petition that the petitioner is concerned with Stock/share market as an Investor under Client Code No. 8 under Trusty Associates Company Limited, Member No. 162, Dhaka Stock Exchange Ltd. (DSE) The petitioner sold 61,580 shares of Pa......to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd., should not be declared to have been issued without lawful authority and of no legal effect and also why respondent Nos. Ito 5 should not be directed to..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ury J.- On the application filed by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and i......nstitution a Rule Nisi was issued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal effect and also in violation of the fundamental rights of citize..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
.... Cemex Cement (Bangladesh) Limited........Petitioner (In Civil Petition No.763 of 2010). ACI Salt Limited.....................Petitioner (In Civil Petition No.772 of 2010). Akij Cement Company Limited......................Petitioner (In Civil Petition No.763 of 2010). Heidelberg Cement...... fee of Tk.4, 23,408.00 and the same has been received by the concerned authority vide money receipt No. 533619 book No. 5337 dated 08.10.2009. 30. It was stated that the petitioners are valid and lawful occupants of the four jetties and foreshore areas and the banks thereto of the Narayangonj Ri..Category: Environmental Law | Date: | Hits: 344
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....le this court directed the parties to maintain status quo. Since as per record Mrs. Parveen Sultana is the allottee of the suit shop and since the present petitioner did not till that time even offer any rent or electricity bill, the contemners; accepted rent from Parveen Sultana and thus did not ac...... by the petitioner till 20‑7‑99 and since there was an order of status quo passed by this court in the subsequent Rule, the contemners accepted the rent from Mrs. Sultana, moreso, when she is the lawful allottee of the shop in question as per record of the Corporation. It is quite natural for th..Category: Property Law | Date: | Hits: 34
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....on the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture......opportunity by issuing any show cause notice to explain that anomaly. So, in the absence of show cause notice, the cancellation of the agreement was violative of natural justice and, as such, was not lawful. 15. However, it appears that at the time of issuance of the Rule, an interim order ..Category: Civil Law | Date: | Hits: 74
....Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2. The facts on which the Rule was obtained, in short, are that the p......,84,398.56 by respondent No. 6, Deputy Commissioner and affirmed by respondent No. 5 Commissioner (Appeals) and respondent No. 3, Appellate Tribunal is hereby declared to have been passed without any lawful authority and of no legal effect and said imposition of fine is hereby quashed.
Order ..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....ried and they wanted to wait till her elder sister's marriage. But after waiting for a long time the petitioner's parents had him married on 8-12-2003 with one Jannatul Ferdous Silvi. There was never any impropriety or physical intercourse between the petitioner and the complainant. Being enraged ......eclared to be ultra vires the Constitution and why the impugned order of discharge dated 14-2-2004 as in Annexure-F and all subsequent actions taken should not be declared to have been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allo..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....g to exclude House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) from the list of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as ...... exclude House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) from the list of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to t..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....o the petitioners and, as such, the judgment and order passed by the Court of Settlement refusing to release the case property from abandoned list is liable to be declared to have been passed without any lawful authority. Mr. Quddus Sheikh lastly submitted that the property has been included in the ......gladesh, Segunbagicha, Dhaka, in Case No. 172 of 1995 (Kha-42, Block-D, Mohammadpur) of House No. 1/15, Block-D, Mohammadpur, Dhaka shall not be declared to have been published and passed without lawful authority and is of no legal effect and why the respondent No. 2 should not be directed to ex..Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ty module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited company 100% shares of which are owned by the Government of Bangladesh, published a notice vide Memo N......he petitioners pursuant to the SRO No. 159-Ain/2005/450/ MUSAK dated 9-6-2005 issued by the respondent No. 4 so far as it relates to the petitioners should not be declared to have been issued without lawful authority and is of no legal effect and why the respondent No.6 should not be directed to sup..Category: Fiscal/Taxation Law | Date: | Hits: 131
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....knowledging the plaintiff as her landlord; and rent of the premises on consultation was fixed at Taka 3,000 per month from June, 1998. 6. But in spite of repeated demands the defendant did not pay any rent either to her or to said Feroz Alam. Then, the plaintiff sent a notice under section 106 of......, he was constrained to institute Other Suit No. 33 of 2000 for perpetual injunction against them. 13. In his written statement, Mohiuddin also contended, in brief, that Mohammed Solaiman, who was lawful owner in possession of the suit premises, was his distant relation. Solaiman on 5-1-69 transf..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....in not setting aside such unauthorised orders of the Deputy Commissioner of Taxes. 10. He also submitted that a penalty could be imposed under section 128 of the Ordinance only for concealment of any income but not for concealment of an investment/expenditure out of a bank loan, which could alwa......reopening of the case of the petitioner for the assessment year 1999-2000 under section 93 for reassessment and imposition of penalty under section 128 of the Ordinance must be held to be without any lawful authority and of no legal effect. 26. When we are faced with such injustice done to a citi..Category: Fiscal/Taxation Law | Date: | Hits: 69
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....4 in that no notice was ever served upon them before cancellation of their licences. It is also submitted by the learned Advocates for the petitioners that the impugned orders having been devoid of any substantial basis these are arbitrary, as such, illegal and liable to be set aside. 5. Ms......nature of respondent No.2 cancelling the petitioner's licence in respect of Paikpara Union Parishad No.8 appointing respondent No.5 in the same area should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..Category: Civil Law | Date: | Hits: 67
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....use to the British High Commission at Dhaka. During his long stay in England the petitioner paid occasional visits to Dhaka and all his visits from England since 1952 were to Dhaka alone and not to any place in the erstwhile West Pakistan. The petitioner has never visited during his lifetime the......of the People's Republic of Bangladesh calls upon the respondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....e 3rd subordinate Judge, Dhaka being money suit No. 116 of 1985 for a decree for realisation of Tk.24,56828/-against the defendant opposite parties No. 1 and 2 namely M/S Yama Moto & Co. Ltd. a company situated with its head office at Japan and pioneer industrial, authorised agent of M/S. YAMA M......mand full payment of the aforesaid drafts together with overdue interest and other costs and reserve the right to move the highest authorities, national and or International in order to realise their lawful dues from the Bank. 32. Those declaration before the Notary public it appears were not pro..Category: Business or Commercial Law | Date: | Hits: 209
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