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BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
.... judge framed issues as to maintainability of the suit, whether there was agreement on 20-10-2003 in between plaintiff and defendant, whether as per terms of the agreement the termination letter is illegal and what other relief or reliefs plaintiff was entitled. 7. Learned Judge decreed the sui......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... individuals or organization who is a prisoner of war for Genocide, Crimes against Humanity or War Crimes and other crimes under International Law. Under the Act-such person cannot challenge the legality of the proceedings on any of the grounds contained in Articles 26, 27, 28, 31, 35, 44 by re...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
.... to constitution of the Artha Rin Adalat at Chittagong by the respondent No. 3, Additional District Judge Mr Sharif Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 published in the Daily Aza......ealization of Taka 2, 42, 81,224.86 against the borrower which was decreed on 22-9-2004 and filed Artha Jari Case No. 502 of 2004. Mr. Sharif Uddin Ahmed, the respondent No.3 was holding the rank and status of the Joint District Judge till 10-11-2007 and was allocated the judicial function of Joint ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....exure-C) and an impugned notice issued by the respondent No.7 vide Memo. No. Jaimek/07/530(1) dated 16.07.2007(Annexure-D) to be declared to have been passed without lawful authority and are of no legal effect. 2. Facts, in brief, are that the petitioner is the father of a student who studi......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....vailable, under the provisions of Specific Relief Act and not in the contemplation of any of the provisions of the Act, 2006 and, as such, entertaining and/or registering of the BLA case was not legal and without jurisdiction and thus was liable to be dismissed in limine.
7. The Chairman o...... dated 11-10-2011 the Chairman of the First Labour Court of Dhaka issued seven days show cause notice upon the second party-petitioners and in the meantime made an interim order directing to maintain status-quo in respect of election to be held on 15-10-2011.
5. The Second party-petitioners app..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....2-2002 for the purposes of assessment of property income of Late Golam Mowla under sections 84/93/92(1) of the Ordinance long after the death of Alhaj Golam Mowla. The assessee-applicant was made the legal representative of Late Alhaj Golam Mowla although all of his legal heirs became the owners of ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....he contracted same period as Secretary without adjusting the previous received money. It has been further alleged that the convict-appellant within his knowledge received money from two places illegally and misappropriated the amount of BCIC and thereby abused his power and illegally obtai......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....bsp; 3. In Criminal Appeal No.31 of 2004 the complainant-appellant ANM Kamrul Islam challenged the legality of the judgment and order dated 9-2-2003 passed by a Division Bench of the High Court Divis......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....tha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken places should not be declared illegal, without lawful authority and is of no legal effect, and/or such other or further order or ord......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
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Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....emo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the petitioner should not be declared to be without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......s to chip away at that basic tenet so introduced by Mr. Islam. 5. Accordingly, Mr. Rokanuddin Mahmud has more pertinently introduced the premise of enquiry as postulates that the derivative status of a body's powers is of little concern as to the judicial reviewability of an order..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....cuments and after receipt of bills applied to the University on 28-7-1997 and 31-7-1997 for refund of the security deposit of Taka 47, 24,075. It is the case of the appellant that Khulna University illegally deducted a sum of Taka 38, 39,239 from the security deposit as VAT in spite of the opin......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
...., filed the original suit being Other Class Suit No.51 of 2007 in the Court of Senior Assistant Judge, Pabna Sadar. Pabna for a declaration that the plaintiff 'Satsang Bangladesh' is the only legal representative in -Bangladesh contending inter-alia that, Sree Sree Thagore Anukul Chandr......ed Special Judge, Pabna the plaintiff-appellant-petitioner has preferred this revisional application under section 115(1) of the Code of Civil Procedure and obtained the Rule with an interim order of status quo. 6. Mr. AJ Mohammad All with Mr. Rowshan Alum Khan, the learned Advocates appeared o..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....লি-3/375 dated 2-7-2009 issued by respondent No.7 (Annexure-E) for the purpose of promotion to the next higher posts 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 promote the petitioners with effect f......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....e writ petition) as being not maintainable and also setting aside the order dated 11-8-2003 of the Commissioner, shall not be declared to have been passed without lawful authority and were of no legal effect and as to why the writ-respondents shall not be directed to refund Taka 3,44,99,179 bei......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
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Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
.... remain present at the time of commission of rape and the sole evidence of the victim and circumstantial evidence ought to have been considered, and also to consider whether the High Court Division illegally acquitted the accused without reversing the finding of the trial Court that all the prosecut......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....sight of this aspect of the case and erroneously found the appellant guilty of causing financial loss to the extent of 72,000 Dirhams to the public exchequer and this finding of guilt is manifestly illegal and in this perspective, it is liable to be struck down. 13. Mr. Fida M Kamal also submit......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
.... Constitution) and therefore automatically void ab initio by operation of Article 7(2) and 26(2) of the Constitution. Such impugned registration therefore cannot be deemed to be a legal instrument having the force of law. Secondly, because the impugned registration of the party c......ondly, because the impugned registration of the party constitution of BJI, and the objects as laid down therein, renders it not competent, eligible or qualified to get itself registered and enjoy the status of a legitimate political party as per Article 90B(1)(b)(ii) and Article 90(C)..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....istration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not be declared to have been given without lawful authority and is of no legal effect.
2. Facts leading to this Rule (as transpired from the writ petition), in brief, a......ifth Amendment), the Eighth Amendment of the Constitution incorporated art 2A to make Islam the State religion of Bangladesh. As secularism essentially means that the State shall not give any special status to any particular religion art. 2A became inconsistent with the restoration of the origi..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....itioner made under Order VII, rule 11 of the Code of Civil Procedure ("the Code") for rejection of piaint should not be declared to have been passed without lawful authority and are no legal effect. Each Rule Nisi issued was accompanied by an ad interim Order of Stay affecting th...... of this Judgment and Order, thereby, determining substantively the question whether all the plaintiffs before the Labour Court in the facts and circumstances and under the law have acquired the status of permanent workers notwithstanding their initial contractual employment variously as tempor..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
.... from abroad for the purpose of transforming the steel, obtained from the scrap vessel, into M.S. Rod through their owned re-rolling mills. All imports of the scrap vessels were made by observing the legal formalities under the Customs Act 1969, upon establishing letter of credit and upon paying all......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
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