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....ed in: 54 DLR (2002) 35.
......of the contract and to the great prejudice of the defendant company causing serious loss of revenue to the public exchequer. Subsequently, the learned lower Court failed to consider that for making unlawful gain the plaintiff company resorted to practising fraud by way of setting thermofluid heater ..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....riff Value. It has been contended that the petitioner is liable to pay the duties and taxes on the basis of Invoice value of the goods and the respondents arbitrarily imposed the Tariff Value without any factual or objective basis. 3. No affidavit‑in‑opposition has been filed by the responden......wlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Notification dated 17‑6‑1996 vide Annexure-F should not be declared to have been issued without lawful authority and as being unconstitutional and why the respondents should not be directed to lev..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....above provisions of law, he has finally submitted that as there was no publication of notice as provided under rule 15 of the above Rules, the petitioners New Age Garments Ltd. and others did not get any opportunity to file any objection or to make any suggestion in writing regarding the recommendat......uly, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as..Category: Labour and Industrial Law | Date: | Hits: 96
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....re-D to the Writ Petition, should not be declared to have been made without in lawful authority and of no legal effect. 2. The petitioner was appointed as an unskilled labour by the respondent Company vide appointment letter dated 29‑6‑1997, evidenced by Annexure-B to the writ petition, and w......ransfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10‑11‑1999, evidenced by Annexure-D to the Writ Petition, should not be declared to have been made without in lawful authority and of no legal effect. 2. The petitioner was appointed as an unskilled labour b..Category: Labour and Industrial Law | Date: | Hits: 71
....8 acres of land to the petitioners and others after realisation of the compensation money paid to them (Annexure-H). It is contended by the petitioners that petitioner Nos. 2-8 were never served with any notice of requisition and they did not receive any compensation money and that their title remai...... the order dated 6-4-1994 passed by respondent No.1 (communicated under the signature of Respondent No.3 vide Annexure-’L’ to the writ petition) should not be declared to have been passed without lawful authority and to be of no legal effect.
3. In Writ Petition No.964 of 1994 Petitioners Ali..
Category: Property Law | Date: | Hits: 31
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....f holding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the respondents to show cause as to why the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of ......lding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the respondents to show cause as to why the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the ..Category: Anti-Corruption Laws | Date: | Hits: 232
....480/2204 dated 1611‑2002 of respondent No. 2 issued under the signature of respondent No. 3 directing the petitioner to stop the manufacturing of Muri (puffed rice) and to transfer the factory to any other vacant place (Annexure E) should not be declared to have been issued without lawful author......nt No. 3 directing the petitioner to stop the manufacturing of Muri (puffed rice) and to transfer the factory to any other vacant place (Annexure E) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Environmental Law | Date: | Hits: 226
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....nnexure-1) and the continuation of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that......ure-1) and the continuation of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that the..Category: Fiscal/Taxation Law | Date: | Hits: 132
.... 4854 of 2000.
Judgment
AKM Shafiuddin J.- This Rule has arisen out of an application under Article 102 of our Constitution. The petitioner, SA Coconut Oil Mills Ltd., is a private limited company, incorporated under the Companies Act. It is registered with the Chief Controller of Import and ......2(……..)/1628. dated 23-9-1997, Annexure “D” to the writ petition and the letter dated 14-8-2000, Annexure “D 1” to the writ petition should not be declared to have been passed without any lawful authority and of no legal effect, The Rule was also in terms as to “why the respondents sho..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....titioner as the Special Public Prosecutor. While the petitioner was discharging his duties with sincerity and honesty having examined 7 witnesses by the prosecutor, all on a sudden on 13-9-98 without any show cause notice or without giving any chance of hearing arbitrarily and with malafide motive a......ssistant Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh (Annexure-D) should not be declared to have been made mala fide and without lawful authority and is of no legal effect.
2. The case of the petitioner, briefly, is as follows..
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....tial plot, construction of community Centre and construction for police station in the case land, which is absolutely vested upon the Government, are made. It is further stated that there will not be any environmental pollution, which can do harm to these petitioners and the petitioners brought the ......d No. 4, at Block A, Section 12, Mirpur Housing Estate under Police Station Pallabi, Dhaka into residential plots, community centre and police station should not be declared to have been made without lawful authority and of no legal effect and why they should not be directed to develop the same vaca..Category: Environmental Law | Date: | Hits: 259
....ted 14-6-98, File No.4th/A(12) VAT/Shah Dairy/96/1313 dated 16-6-98 and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing ......14-6-98, File No.4th/A(12) VAT/Shah Dairy/96/1313 dated 16-6-98 and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing the ..
Category: Fiscal/Taxation Law | Date: | Hits: 93
..... 222/73 Jessore) (Vide Annexure-F) rejecting the case and its publication in the official gazette dated 23-9-86 at page 9762(16 1) at Serial No. 81 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioners in the application under Artic......2/73 Jessore) (Vide Annexure-F) rejecting the case and its publication in the official gazette dated 23-9-86 at page 9762(16 1) at Serial No. 81 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioners in the application under Article 1..
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....ioner. The learned Additional Attorney General could not overcome the legal provisions mentioned hereinabove in the nomination of the President of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is al......dated 25.08.2007 (Annexure-B to the writ petition) cancelling the first Ad hoc Governing Body dated 15.07.2009 and appointing the second Ad-hoc Governing Body respectively to have been issued without lawful authority and of no legal effect and declaring the appointment of the first Ad hoc Committe..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... names of the 292 examinees including the petitioners in 23rd BCS (Special) Examination, 2000 qualified in all previous written examinations for appearance in the Viva-Voce Examination without giving any valid reason whatsoever. 3. The petitioners are bona fide citizens of Bangladesh and as exami......2 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respondent No. 2 should not be declared to have been made without lawful authority and to be of no legal effect and/or such other of further order or orders passed as..Category: Employment/Service Law | Date: | Hits: 134
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....n the present Rule. 10. Mr. Md. Abdul Quddus Sheikh, the learned Counsel appearing on behalf of the petitioner, submits that the property in dispute has never been taken over by the Government at any time, or declared abandoned under the President's Order No. 16 of 1972; moreover, before listing......pondent No. 1, the First Court of Settlement, Dhaka in Case No. 377 of 1995 (Kha-72: Block 'D', Mohammadpur, Dhaka), Annexure-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....transferred by the letter dated 4-21990 to Khulna Branch. He made a representation to the authority to cancel that order of transfer on the ground of his ill health and requested to transfer him to any other branch of the Bank at Tangail or Netrokona or Kishoregonj. But the authority did not pay h...... his dismissal from service was passed in violation of the principle of natural justice as he was not given an opportunity of being heard and, as such, the dismissal order was illegal and without any lawful authority. 8. Against that judgment and decree the defendant No. 3 preferred appeal in..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....bub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of...... the learned Advocate is that the respondent bank instead of complying with the said recommendation dated 29-9-1992, vide Annexure 'B’ instituted a mortgage suit which is wholly illegal and without lawful authority. 6. The third and last contention being posed by the learned Advocate is that as..Category: Civil Law | Date: | Hits: 133
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....s mala fide and fraudulent act of them. Hence the suit. 4. The defendant Nos. 1 and 2 contested the suit by filing joint written statement contending, inter alia, that defendant No. 1 did not make any offer to sell any apartment to the plaintiff at a discount price; that the defendant No. 1 merel......refers section 22 of the Specific Relief Act which provides that the jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided b..Category: Business or Commercial Law | Date: | Hits: 208
....ive but ultimately they were allowed to sit for "Referred" examination in the above subject held on 18-10-2002. The result of the said examination of the petitioners was kept withheld without showing any cause whatsoever. After a long slumber of months a notice of "show cause" was served upon the pe......তি: বি: পরী:/অনার্স-৩/২০০০/২০০১/২০০৩/১৮১৮ তারিখ ২০/৯/০৩ (Annexure C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that..
Category: Others | Date: | Hits: 72
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