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M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....over, section 12(6) of the Ain, 2003 provides that the Artha Rin Adalat on its own initiative or on the basis of the application of the borrower can deduct the value of the goods shown, any, by the borrower at the time of decreeing the suit. In the instant case, the value of the pl......goods considering the facts and the provisions of law as discussed above and thus it acted within the bounds of law and as such the impugned order cannot be declared to have been passed without lawful authority and is of no legal effect, consequently we find no merit in the rule." ..Category: Civil Law | Date: | Hits: 152
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....s Mutawalli as the respondent No.9 handed over his responsibility to him and since then he has been carrying out his responsibilities as Mutawalli like paying remittance, performing annual Urash and many other religious activities; no steps having been taken to activate the seven member committee an......os.1-5 are entitled to get the benefit of the above judgment and order and as such the impugned order dated 8.1.2007 appointing the respondent No.10 as Mutaualli is liable to be declared as without lawful authority and is of no legal effect. 3. The respondent No.10 opposed the Rule and filed an..Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....uisition exercising the power conferred under Section 8B of the Act of 1948. 7. In Writ Petition No.5198 of 2001 though notices were served in accordance with law but the same was not contested by any respondents in any manner. In Writ Petition No.3466 of 2007 the respondent No.8 (RAJUK) conteste...... the provision of Section 93A for such proceeding, the impugned order of de-requisition purportedly issued under Section 8B of the (Emergency) Requisition of Property Act, 1948 is totally without lawful authority and is of no legal effect. 15. He further submitted that the concerned acquisi..Category: Property Law | Date: | Hits: 79
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....else can adopt the Trade Mark "AMERICA", "USA", "DON" and "VISA" in respect of Playing Cards with its artistic style, distinctive colour scheme and getup or any other Trade Marks or word marks or letter marks which may conflict with the plaintiffs trade ma......cturer and merchant of the goods or Playing Cards for the Trade Marks Trade Mark "AMERICA", "USA", "DON" and "VISA" which is illegal, unjust and without any lawful authority and not permissible under the Trade Marks Act, 1940. The plaintiff has obtained in..Category: Intellectual Property Law | Date: | Hits: 361
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....spect of such vested lands. Accordingly during S.A. Survey Operation the names of the writ petitioners and or their predecessors-in-interest were duly recorded in the S.A. Khatian correctly without any objection from any quarter and thereafter during the Revisional Survey Operation, the names of ......cation as framed and filed was liable to be rejected in limini and the entertainment of the application, as filed, mentioning Rule 42A of the State Acquisition Rules, 1955, was illegal and without lawful authority and the impugned order passed on the basis of such illegal application cannot have..Category: Property Law | Date: | Hits: 67
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....iled the application for revival of the execution case on 07.02.2007 long before the expiry of 12 months and therefore the revival of execution case was without any lawful authority. 6. Mr. Mahmudul Islam, the learned Counsel appearing for the added res...... the application for revival of the execution case on 07.02.2007 long before the expiry of 12 months and therefore the revival of execution case was without any lawful authority. 6. Mr. Mahmudul Islam, the learned Counsel appearing for the added respon&..Category: Civil Law | Date: | Hits: 109
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....ime to time by the Government considering different aspects of the Customs Act the public interest. Section 30 and 30A of the Customs Act provides that the rate of duty as well as value applicable to any imported goods shall be the rate prevailing on the date of submission of bill of entry to the ap......on is neither proper nor in accordance with law; that the SRO notification dated 20.10.1998 enhancing the duty on grey Portland cement from 15% to 30% under Section 19 of the Customs Act is without lawful authority inasmuch as Section 19 does not contemplate enhancement of duty. He further submi..Category: Fiscal/Taxation Law | Date: | Hits: 83
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....oners before the PSC and accordingly the PSC Vide letter dated 22.9.86 vide annexure-F requested the Ministry of Communications to obtain an undertaking from the ad-hoc appointees who did not fail at any interview before the PSC. The writ petitioners gave undertakings that they did not fail at inter......79 in serial Nos.115 to 183 therein (Annexure-'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner respondents to be unconstitutional, void and without lawful authority and further directing the writ respondent Nos. 1-10 to follow the final gradation l..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... back to Bangladesh joined both business and politics. He was arrested on 13.8.96 on baseless allegations regarding certain acts or things done in connection with or in preparation or execution of any plan for or steps necessitating the historical change and proclamation of martial law on the mo......ct was void, illegal, ultra vires of the Constitution and of no legal effect and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void. 3. The appellant who was a captain in the Pakistan Army in 1970 joined the..Category: Constitutional Law | Date: | Hits: 167
....refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in......s of law and in terms and conditions of the tender schedule and as such the impugned letter (Annexure-D) is illegal, whimsical and not binding upon the writ-petitioner and as such the same is without lawful authority and is of no legal effect.
4. In making the Rule absolute in Writ Petition No.35..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....Cr.P.C in the following words: “All that S.429 says is that the opinion of the two judges who disagree shall be laid before another judge who, after giving such hearing, if any, as he thinks fit, shall deliver his opinion and the judgment or order should be in accordan......rdinance, mutiny means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service law- (a) to overthrow or resist lawful authority in the armed forces of Bangladesh or any forces co-operating therewith or in any ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... with retrospective effect from 15th August, 1975. Thereafter he promulgated the Indemnity Ordinance, 1975 on 26th September, 1975. This Ordinance was promulgated putting restriction on taking of any legal or other proceedings against persons in respect of certain acts; things, committed by tho......efined by Dicey as comprising at least three distinct though kindred conceptions, in the following terms: “(1) We mean, in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ..Category: Criminal Law | Date: | Hits: 228
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....1980 having been decreed on 7.4.1981 for Specific Performance of Contract and that the property is not abandoned property, the inclusion of the property in the list of abandoned Buildings was without any lawful authority and the further submission that the case property being enlisted in the 'Ka' ...... having been decreed on 7.4.1981 for Specific Performance of Contract and that the property is not abandoned property, the inclusion of the property in the list of abandoned Buildings was without any lawful authority and the further submission that the case property being enlisted in the 'Ka' list..Category: Property Law | Date: | Hits: 32
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....use as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ ......as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ are ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....bber College, Borhauddin, Bhola and cancelling the appointment proceedings of the petitioner as Principal of said college (Annexure-‘G’) should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts relevant for disposal of the......College, Borhauddin, Bhola and cancelling the appointment proceedings of the petitioner as Principal of said college (Annexure-‘G’) should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....1976 S.C page 315; S.N. Goswami, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 610, Reyder V. Foley (1906) 4 CLR 422, British Coal ...... Judge of the High Court Division under Article 95 of the Constitution therefore violates the constitutional scheme and conventions and is accordingly, declared to be arbitrary, malafide, without any lawful authority and as such, of no legal effect.” 51. 29 (twenty nine) sitting judges, who at..Category: Constitutional Law | Date: | Hits: 251
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
.... the High Court Division in writ petition No.8488 of 2005 discharging the Rule. 2. The facts leading to the writ petition are that for establishment of Jute Mills, the petitioner’s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms ...... the lands released in their favour and pending their prayer for release the issuance of eviction notice is malafide and liable to be declared to have been initiated, passed and issued without any lawful authority and is of no legal effect. 5. It appears from the record that 60 acres of ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....d against the said BDR personnel by issuing notification under section 5 of the Army Act, 1952? 6. The brief fact is that on 25.2.2009 about 97 officers of different ranks of Bangladesh Army and many other officers from outside BDR Headquarters and around 2,580 BDR personnel were present in the ......rorising the people by indiscriminate fire; q. Loss and destruction of Government properties (arms and ammunition); r. Using criminal force against superior officers, and s. Disobedience to lawful command; 9. And whereas the following steps have so far been taken by the authority for th..Category: Constitutional Law | Date: | Hits: 289
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....sale. In view of the provision of law to the effect that once an auction sale is complete no relief is available against such auction sale but the mortgagee may proceed against the mortgagor bank for any compensation, if it is proved that there was illegality in the auction sale. In the instant ca......d in Writ Petition No. 687 of 2005 though discharged on 15.05.2006 for default but the same was restored on 15.06.2006 and as such the order passed by the Executing Court after 15.06.2006 are without lawful authority, hence the order relating to confirmation of auction sale is without lawful authori..Category: Banking Law | Date: | Hits: 373
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....y;doned the scheme. It was also the case of the RAJUK that Government after re-examining the scheme and considering the housing problem in the Dhaka city directed the DIT (now RAJUK) not to release any land already requisitioned and the Deputy Commissioner was directed not to accept any return o......e Town Improvement Act for public purpose that the petitioners though alleged non-receipt of certain amount of compensation for acquisition of land thereby the acquisition is not illegal or without lawful jurisdiction inasmuch as the said provision is not synonymous to Section 12 of the Ac..Category: Property Law | Date: | Hits: 41
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