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Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....ng found that the vessel in question sailed from Singapore with consignments in four containers of the vessel erred in law in making the rule absolute inasmuch as the shipowner failed to give any satisfactory explanation as to where and under what circumstances the goods contained in four c......No. 316 of 1988 making the Rule absolute declaring that confiscation of the vessel as well as imposing of penalty on the writ petitioners and each of the members of the crew are illegal and without lawful authority. 2. The respondent No.1 filed the above writ petition stating, inter alia,..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....e Certificate Officer Sadar, Jessore in Certificate Case No. 13/188/7/85-86 confirming the auction sale dated 28. 11. 1994. 3. The short fact of the case is that M/s. Jess Duck (Pvt.) Limited Company took loan from Bangladesh Shilpa Bank, Jhenidah Branch, Jhenidah. The said loan was not paid in ......r the respondent-writ petitioner filed the above writ petition and obtained the impugned order dated 17.8.2005 whereby the aforesaid order dated 8.8.2000 of the Land Appeal Board was declared without lawful authority. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submit..Category: Property Law | Date: | Hits: 31
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....me Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J N A Choudhury, Sponsor Director of Agrani Insurance Company Limited (proposed) ............Appellant Vs. The Controller of Insurance and others. .........o why the impugned action of failing to issue a permission letter in respect of the registration of the Agrani Insurance Company Limited (Proposed) should not be declared to have been taken without lawful authority and/or to be unconstitutional as being violative of the appellant's fundamental r..Category: Business or Commercial Law | Date: | Hits: 81
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....agh in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30......in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 day..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....80 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' ......ving 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: Civil Law | Date: | Hits: 119
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....ion under Article 102(1)(2)(a)(i)(ii) of the Constitution of the People's Republic of Bangladesh. 2. The present petitioner No. 2 is the share holder and Chairman of the petitioner No.1 Company namely M/S. Uttara Steel Corporation Limited. The said company obtained C.C. (Hypo) loan of TK.......Rin Adalat Ain, 2003 and, as such, the impugned execution proceedings being Money Execution Case No. 84 of 2003 renumbered from Money Execution No. 20 of 2001 is without jurisdiction, without any lawful authority and is of no legal effect; that the learned Judge, Artha Rin Adalat No. 1, Nilpham..Category: Civil Law | Date: | Hits: 89
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....dents is nothing but a constructive dismissal from service in view of the fact that the order of release has been passed within the four corners of the said Regulation, 1990 and it does not contain any stigma nor does it show that the employee has been released from service because of any act subv......service rules are contrary to service regulation and the rules and, as such, the action of the writ respondents in discharging the writ petitioners under the ’পদায়ন’ Rules is without lawful authority. 9. The rules were opposed by filing separate affidavits-in-opposition on behal..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the institution of any criminal prosecution for offences punishable under Chapter XXI of the Income Tax Ordinance. Hen......the entire proceedings in Special Case No. 6 of 2007 arising out of Complaint Case No, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....Nisi be issued calling upon the respondents to show cause as to why the impugned Memo No. 2018/Ans dated 13-03-2003 issued by the respondent No. 2 should not be declared to have been made without any lawful authority and is of no legal effect, or such other order or further or orders be passed...... be issued calling upon the respondents to show cause as to why the impugned Memo No. 2018/Ans dated 13-03-2003 issued by the respondent No. 2 should not be declared to have been made without any lawful authority and is of no legal effect, or such other order or further or orders be passed as ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....dispute that the petitioners rendered 9 years 9 months continuous, service as work-charged basis and thereafter he was absorbed against regular substantive post in the Department without any break of service. It is also undisputed that one Md. Harun-Ur-Rashid, U.D. Assistant of the sam......asis but in case of the petitioner a different view was taken and his pension and gratuity etc. for the period of his service on work charged basis was denied most arbitrarily and without any lawful basis. Accordingly, Administrative Appellate Tribunal held that the petitioner was entitled ..Category: Administrative Law | Date: | Hits: 115
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....orged one and that on 28.02.1972 the building in question was found abandoned and as such has been enlisted by the Government as an abandoned property and that subsequent deed of transfer, if any, dated 14 July 1972 does not have any legal basis as aforesaid Mrs. Rasheda Ashfaq was not a ci......g in the list of abandoned property is a condition precedent and that in the instant case there being no service of such notice the enlistment of the property as abandoned property is without lawful jurisdiction. 7. He further submits that the petitioners being in possession ar..Category: Property Law | Date: | Hits: 27
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
.... respondents therefore imported the said consignment on prior intimation to the government and on observance of all necessary formalities in this regard and the relevant Ministry did not raise any objection. Due to the unreasonable and illegal order of the aforesaid authorities discharg...... National Board of Revenue would not be competent to refuse clearance of any imported high speed diesel. In the circumstances, the Customs as well as the National Board of Revenue acted without any lawful authority in passing the orders impugned in the writ petition refusing to discharg..Category: Business or Commercial Law | Date: | Hits: 94
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
.... of the aforesaid writ petition; the respondent cancelled the licence of the petitioner. 6. The petitioner now contends that the above-mentioned provisions have been introduced without leaving any saving clauses as required under the law. There is no provision in the amendment of the law of s......ed 11-04-2001 (Annexure-C) and impugned order dated 06-07-2003 (Annexure-E) passed by the respondent No. 6 to cancel the licence of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that ..Category: Environmental Law | Date: | Hits: 517
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....8.06.1992 and the order was extended from time to time and was ultimately extended till disposal of the Rule restraining the writ respondents from leasing out the writ petitioner's plot of land to anybody. After hearing of the Writ Petition the Rule issued was made absolute and direction was giv......essees under Rajuk by registered lease deed and they were inducted into possession and made construction spending huge amount of money and, therefore, cancellation of the lease is without any lawful authority. Their further case is that they were not made parties in the Writ Petition No. 23..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....t even if they were liable under the terms of the guarantee, which they in fact do not concede, they were, by operation of section 139 of the Contract Act, 1872 ("the Act"), discharged of any obligation under the terms of the guarantee by the omission of the opposite party-respondent N......bligations of the parties in a dispute shall be excluded by the choice of a foreign governing law. In the above premises, it was submitted that the impugned order has been passed without lawful authority and is of no legal effect inasmuch that the learned respondent No.1 Court err..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....rt had inherent jurisdiction to pass an order of temporary injunction under section 151 of the Code of Civil Procedure and that if in a case where an application for temporary injunction was pending, any party to the case in order to defeat the order of the Court which might be passed on such an app......ear from the document of title and that this was done at a time when the Court stayed the operation of the interim injunction by a judicial order thus enabling them to take action which was otherwise lawful. It has been further urged by the learned Counsel that the disputed wall having been, as a ma..Category: Property Law | Date: | Hits: 31
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....writ-petitioners were appointed in Phase-I of the Project purely on temporary and contract basis up to the completion of the Phase-I or the writ-respondents i.e. the Government was under any legal obligation to absorb them in the Phase-II of the- Project,(b)whether the Government was f......Petition No. 8254 of 2002 and Annexures-R, S and T as well as the letters dated 8.1.2003 vide Annexures-U and U-l in Writ Petition No. 4344 of 2003 should not be declared to have been made without lawful authority and to be of no legal effect. 3. The Department of Agricultural Extens..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....fairs and another ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 2007. Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudr......re undisputedly concerns of the State and the Government know best to preserve them, but the Court's concern in a case of preventive detention is to see whether the person is being detained without lawful authority or in an unlawful manner. The authority can never, justify an order of preventive d..Category: Procedural Law | Date: | Hits: 107
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....for evicting him (petitioner) from the property in question. The petitioner challenged the action of the abandoned property authority before the High Court Division in writ jurisdiction but without any success. 3. As against the judgment of the High Court Division the petitioner filed appe......en over as abandoned property but later on declared by the Court not abandoned property to the authoritatively declared claimant/owner; the action of the Respondent Nos. 1 and 2 is quite legal and lawful. The contention of the appellant that the Respondent No.3 owes huge dues to the bank is not ..Category: Property Law | Date: | Hits: 36
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....ument and other service benefits on the averments that he, on 9.5.1996, was appointed as the Deputy General Manager of Bangladesh Overseas Employment and Services Ltd (BOESL), a public limited company fully owned by the Government on the basis of an open competitive process and he joined in his ...... violation of the principles an natural justice. The defendant Nos. 1 and 2 contested the suit by filing a written statement contending, inter alia, that the action taken against the petitioner was lawful and correct; BOESL is an institution and is guided by its rules and procedure and the alleg..Category: Employment/Service Law | Date: | Hits: 71
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