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Displaying 1621-1640 of 2091 results.
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....w that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in......der under Memo No. 4th /(6)-187 Mulla-Ghosona Bibidha 72001/1221 dated 09.06.2002 (Annexure-C), in so far as it relates to the charge of evasion, should not be declared to have been passed without lawful authority and are of no legal effect and as to why the respondents should not be directed to..Category: Fiscal/Taxation Law | Date: | Hits: 83
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....ual) and other established practice and the inquiry officer, after enquiry, has also submitted his reports and since criminal cases are pending against the petitioners, Bangladesh Bank did not take any further action in the departmental proceeding and after the disposal of the criminal cases t......pension can only be passed by a person having authority to make the final order that is the order, of dismissal, and so the suspension orders not being passed by the appointing authority, are without lawful authority and moreover actions against the petitioners under Regulation No. 22 of the above S..Category: Criminal Law | Date: | Hits: 78
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....pondents to the effect “the respondents shall have the liberty to see the minors twice in a week at the residence of the petitioner or at a place to be agreed upon between the parties. If any dispute (seeing the minors) arises in this regard it will be taken care of by the Family Court...... writ petition absolute in the following terms: "two minors, namely, Sagorika Noami Azad Huq and Mehrab Faraj Huq are being held in the custody of the respondent Nos.1-3 without lawful authority and in an unlawful manner. The respondents are directed to handover the above two..Category: Family Law | Date: | Hits: 171
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....slip (Annexure-E to the writ petition) in holding that possession of the fishery was not given to the writ petitioner for the lease period 1396-98 B.S. and the writ petitioner is not liable to pay any premium for the said period and accordingly the demand in impugned memo was without any l......ourt Division in Writ Petition No.789 of 1994 making the Rule absolute declaring the impugned Memo No.CEN. CERT/94/153 dated 28.03.1994 issued by the Certificate Officer to have been issued without lawful authority. 2. The facts of the case, in short, are that respondent, a Fishermen's Co-..Category: Civil Law | Date: | Hits: 101
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
.... order dated 6.8.92, made the Rule absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two members only were passed without any lawful authority and of no legal effect. The appeal was remanded to the Administrative Appella......r dated 6.8.92, made the Rule absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two members only were passed without any lawful authority and of no legal effect. The appeal was remanded to the Administrative Appellate Tr..Category: Administrative Law | Date: | Hits: 110
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....eating the period of their absence before their joining in the present post after liberation as leave without pay although they were appointed afresh after the appellant's appointment without any connection with their appointment at Mujibnager giving them benefit of the aforesaid Rules. ......reported in 34 DLR (HCD) 77 where a special bench by a majority judgment declared rule 4 of the Government Servant (Seniority of the Freedom Fighters) Rules, 1979 to have been made without any lawful authority under Art. 133. Mr. Ahmed pointed out that this decision was cited in the High Cou..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... of an employee of the Biman is regulated by the provisions of Regulation 53 of the -Regulations which runs as; "53. Resignation.- (1) A permanent employee working in any of the pay groups from I to V shall be required to give one month's notice, should he which ......dated 10th November, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....mits that the High Court Division erred in law in making an observation about Non-issue and Non-production of notification fixing indicative value of F.O.B. per Metric Ton of Unrefined palm Oil and any other notification concerning levy of Customs duties and taxes on the basis of indicative value...... law. 4. On consideration of the assertions of both the sides the High Court Division by impugned judgments held that levy of customs duty on the basis of indicative value was without lawful authority and made the rules absolute. In this background the petitioners (writ-respond..Category: Fiscal/Taxation Law | Date: | Hits: 66
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....nema Hall and that subsequent to the agreement for sale of tie Cinema Hall, there was change in the management of the Cinema Hall and that respondent No.2 (a) was elected Managing Director of the Company and he applied for licence to exhibit motion picture film in the Cinema Hall. 4. The case of......Commissioner having not considered that the petitioner was exhibiting films in the Cinema Hall under licence since 22.4.1988 and has not violated any condition of licence and has been continuing in lawful possession of the cinema Hall under an agreement for sale dated 19.2.1997 with respondent No...Category: Civil Law | Date: | Hits: 128
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....rial units and as such the BCIC employees who were working in those units should be paid off by paying them some termination benefits. It was stated that the writ petitioners were not employees of any of the disinvested units. The workers and other employees of those units might have been liable......re directed against the judgment and order dated 04-05-2005 in Writ Petition No. 8050 of 2002 along with other writ petitions making the Rule absolute by declaring the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept..Category: Employment/Service Law | Date: | Hits: 64
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....een placed in the vested property list and the same would be leased out. The further contention of the appellant-petitioner is that the schedule properties could not be a vested property under any circumstances as she had been enjoying and possessing the same by purchase and had mutated her ......shi citizen and therefore the property in question is the legally acquired property of her own. The contention of respondent-opposite party No.1 regarding vested property is false and without lawful authority and, as such, the appellant-petitioner was constrained to file the suit. 3...Category: Property Law | Date: | Hits: 23
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....servant" means a person in the service of the Republic and includes a chairman, vice Chairman, director, managing director, trustee, member, commissioner, teacher, officer of other employee of any local authority, statutory corporation including a university, or any other body, authorit......esh for a declaration that the said Memo dated 18 May 1986 refusing to reinstate him in service on setting aside the Order of his dismissal from service made on 29 March 1984 was without lawful authority. A direction was also sought for his reinstatement in service. The respondent alle..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
.... Dhaka to the appellants pursuant to the Gazette Notification dated 24.8.77 (Annexure-D) issued by respondent No.1. The appellants case, inter alia, is that appellant no. 1 is a private limited company registered in the then East Pakistan with the Registrar of Joint Stock Companies and appellant......r dated 15.6.77 made the Rule Nisi absolute declaring that the impugned notification of the respondents taking over the Cinema Hall in question as abandoned property has been made without any lawful authority and of no legal effect. The respondents were directed to make over vacant pos..Category: Property Law | Date: | Hits: 39
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
.... constituted for the construction of 'vegetable shed' and in the background of the said fact, he had no pecuniary interest in the affairs of the Union Parishad and as such he has not acquired any disqualification under the provision under Section 7(2) (f) of the Ordinance. 4. T...... April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003 making the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7 (2) (f) of the Local Government..Category: Election Law | Date: | Hits: 282
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....; shall be conclusive evidence of the fact that the buildings included therein are abandoned property and has vested in the Government as such, section 7 provides that a person claiming any right or interest in any such building may make an application to the Court of Settlement for ...... is declared that the enlistment of above house situated at Plot No. 43, Road No.2, Block-B, Section-1 Mirpur Housing Estate, Dhaka in the "Ka" List of the abandoned properties is without lawful authority and is of no legal effect and it is directed that the said property be released f..Category: Property Law | Date: | Hits: 30
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
....te Kazi Momtaz Shirin in the service of the college. Accordingly, the Governing Body of the college in a meeting held on 06.08.2002 decided to place the petitioner under suspension without issuing any show cause notice upon him and he was placed under suspension. 3. We have heard Mr. Abd......three member inquiry committee and on the recommendation made by the said committee, the writ petitioner was placed under suspension, the suspension of the writ petitioner was arbitrary and without lawful authority. 5. In view of the discussion made above, we are of the view that the High ..Category: Employment/Service Law | Date: | Hits: 74
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....ion 158(2)(a) of the Ordinance. The NBR thereupon by its order dated 30.9.2001 rejected the said application on the ground that the NBR had no more the power to exempt the writ petitioner from paying any tax after the amendment of sub-section (2) of section 158 of the Ordinance by the Finance Act, 2......A Division Bench of the High Court Division on a preliminary hearing issued rule nisi calling upon the NBR to show cause why its aforesaid order should not be declared to have been passed without any lawful authority and why the NBR should not be directed to grant the exemption as prayed for by the ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....f 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from planting any plant in the suit land and/or from in any way disturbing possession of the plaintiffs in the sui......e simply unauthorized for want of approval by the Chief Manager of the Bhawal Court of Wards Estate and those are fictitious and therefore the plaintiffs possession in part of the suit plots is not lawful and the plaintiffs being trespassers cannot get a decree for permanent injunction and the f..Category: Property Law | Date: | Hits: 42
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....h Court Division, by judgment and decree dated 5 June 1995, reversed the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench furth......rt Division, by judgment and decree dated 5 June 1995, reversed the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench further di..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
.... years and took possession of the same. While in possession of the suit property as a lessee under the Waqf Estate Nawab Khawja Habibullah Bahadur inducted defendant No. 1 M/s. James Finlay and Company Limited as a monthly tenant at a rental of Tk. 25/- per month. Defendant No. 1 started business ...... tenancy. Next he submits that the High Court Division erred both in law and on fact in refusing to decree for compensation for illegal occupation and use of the suit land by defendant No. 1 after lawful determination of monthly tenancy by notice Ext. 3 lastly he submits that the High Court Di..Category: Tenancy Law | Date: | Hits: 149
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