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Displaying 1741-1760 of 2091 results.
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....on in writ jurisdiction and the High Court Division after hearing made the Rule absolute as noticed earlier. 4. The Government of Bangladesh contested the writ petitioner without filing any affidavit-in-opposition. 5. Leave was granted to consider the submission that the Hi......challenged the judgment and order of the Court of Settlement passed in Case No. 113 of 1992 under section 7 of Ordinance No. 54 of 1985 on the ground that the same has been passed without lawful authority. 3. The case of the writ Petitioner, in short, is that the disputed premis..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....05 passed by the High Court Division in Matter No. 4 of 2005). Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment dated 9.5.2005 passed by Company Bench of the High Court Division in Matter No. 4 of 2005 rejecting the application filed by the ......rd of Directors as the statutory AGM could not be held but subsequently it became known that the above transactions of the business of the company through the meeting of the Board of Directors were unlawful, the company decided to hold the AGM by filing application before of the High Court Divisio..Category: Business or Commercial Law | Date: | Hits: 151
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....is mainly based on the finding that no valid waqf was created by the impugned deed of waqf dated April 22, 1939, because, there is no provision the deed of waqf reserving the ultimate benefit for any charitable or religious purpose. 2. Leave was granted to examine whether the deed of waq......L. No. 45/80 P.S, Amtali, and rest of the excess land, that is 33.29 acres has been acquired by the Government and the same was settled with different persons. Defendant Nos. 2 to 5 claiming to be lawful heirs of Ismail Gazi after getting themselves added as defendants contested the suit. They ..Category: Trust/Waqf Law | Date: | Hits: 171
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
.... Not represented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by the High Court Division in Company Matter No. 106 of 2003). Judgment Md. Tafazzul ......wers the Bangladesh Bank to issue direction for securing proper management of any banking company and therefore the directions issued by the Bangladesh Bank by BRPD circulars Nos. 8 and 12 are lawful; except the agenda relating to the election of Directors, in the 20th Annual General Meeting..Category: Business or Commercial Law | Date: | Hits: 78
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....is of the aforesaid information, explanations and statements the enquiry committee concludes that Wonderland Toys Ltd deliberately concealed information in the prospectus with regard to the company's machinery. They did not disclose the fact of non-arrival of last consignment of machinery in......bsp; such report under the signature of the Respondent no.5 now pending in the Court of the Chief Metropolitan Magistrate, Dhaka shall not be declared to have been done without any lawful authority and of no legal effect and that section 21(1) of the Securities and Exchange Ordin..Category: Criminal Law | Date: | Hits: 36
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....nafide purchaser for value without notice, cannot be denied of their title and interest in the above plot. 4. As it appears the Court of Settlement found that neither of the parties adduced any evidence in support of their claims but the files of the Ministry of Works, which were made ava......ated on the eastern side of the plot is used for the residence of two General Managers of the petitioner, one in the ground floor and the other in the first floor; while the petitioner was thus in lawful possession of the above plot as well as the buildings, Notification dated 28.4.1986 containi..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....Thereafter on an application of the petitioner (the present respondent No.1), the Ministry of land vide memo dated 28.09.1999 directed the Commissioner, Barisal Division to decide the illegality if any, caused in granting settlement in favour of the respondent No.6 (the present petitioner), conse......itioner, but the High Court Division without considering the same wrongly made the (rule absolute declaring the said orders of the Chairman of the Land Appeal Board to have been made without lawful authority and is of no legal effect. 13. It appears that the High Court Division fo..Category: Property Law | Date: | Hits: 29
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....Estate believed the affidavit of the Deputy Attorney General about the publication of the Compensation Assessment Roll and came to an erroneous decision that the appellant petitioner ceased to have any interest in the 12 annas share of the Jalmohal along with the 4 annas share of the Waqf Estate...... the appellant-petitioner by the respondent No.2 dated 28.05.1973 but the said lease was illegally cancelled by the respondent No.3 dated 05.07.1995, as such the said cancellation is without lawful authority, therefore, the judgment and order is liable to be set aside; that the High Court..Category: Property Law | Date: | Hits: 50
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....hat she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of section 6 of the Land Reforms Ordinance, 1984 is exempted from any legal proceeding including eviction and hence the suit. The defendant appeared in the suit and ......omestead, will be an 'owner' and enjoy the protection under the Ordinance, rather, in order to come within the ambit of the Ordinance such an 'owner' must be an owner in the legal sense in his own lawful right; if it is found that he has got no 'title' in the said homestead which can be protecte..Category: Property Law | Date: | Hits: 60
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....he investigation under the provisions of law, High Court Division erred in law in quashing the proceeding on the ground that the investigation by the Assistant Inspector of the Bureau was without any lawful authority and the further submission, that bar of the prosecution as provided under secti......nvestigation under the provisions of law, High Court Division erred in law in quashing the proceeding on the ground that the investigation by the Assistant Inspector of the Bureau was without any lawful authority and the further submission, that bar of the prosecution as provided under section 1..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... it is alleged that the first enquiry report was not enclosed with the said notice. The respondent submitted his reply on 19-6-1991 pleading innocence. The authority ultimately, it alleged, without any consultation with the Public Service Commission illegally dismissed him service by the impugned...... find that Public Service Commission was consulted and thereafter the authority awarded the punishment and as such, there was no error of law on this score as well. 14. Thus there was lawful consultation with the Public Service Commission and thereafter the decision was taken at the..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... The salient facts over which there is little dispute are as follows. The leave petitioners, Messrs ASF Rahman, Salman F Rahman, Iqbal Ahmed & MA Qasem are all Directors of Beximco Investment Company Limited, now Beximco Holding Limited. Of them ASF Rahman and Salman F Rahman are also three Dire...... show cause notice on the face of it do not attract the mischief of section 17, a notice under section 17 can certainly be challenged in the writ jurisdiction and declared to have been issued without lawful authority and to be of no legal effect. That is the only scope of intervention with a notice ..Category: Banking Law | Date: | Hits: 139
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provision for transfer of First and Second Class Offic......toms Excise and VAT) Appointment and Service Terms and Conditions Act of 2000 being Act No. XX of 2000 to be violative of Articles 133 and 136 of the Constitution and, as such, illegal and without lawful authority and consequently, the impugned order No. 7(2) Shu-Va:Pro-3/2000/613 dated 20-8-200..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....s further alleged that the impugned approval was given by the respondent No. 2 in absolute colourable exercise of power and with malafide motive. He has no authority under the said Rules to issue any such approval under Rule 19 T. The impugned approval has been given without any lawful authority......solute colourable exercise of power and with malafide motive. He has no authority under the said Rules to issue any such approval under Rule 19 T. The impugned approval has been given without any lawful authority and purely with malafide motive and purpose. 3. It was further stated that the ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... Cases Referred To- SP Gupta vs. President of India AIR 1982 (SC) 149; K Jain vs. Union of India AIR 1993 (SC) 1769; SR Bommai vs. Union of India AIR 1994 (SC) 1918; New York Times Company vs. United States 403 US 713 (1971); Nixon vs. United States 418 US 683 (1974); State of Punja......upon Rule was issued calling upon the writ respondent to show cause as to why the non-appointment of aforesaid Additional Judges as permanent Judges should not be declared to have been made without lawful authority and why the writ-respondent should not be directed to appoint the writ-petitioners..Category: Constitutional Law | Date: | Hits: 124
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahim, S.H. C......nvoice value of the goods being at US$ 835.49 per metric ton (taking the invoice value of US$ 291 per Rim of 500 sheets) alleging that such arbitrary fixation of tariff value has been done without lawful authority and no legal effect. 2. The appellants as the importers opened the letters ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....cate-on-Record, appearing for the respondent, submits that the assessment and imposition of proportionate value of the goods on the basis of tariff value instead of declared value in the absence of any tariff value in respect of the respondent's imported Hardboard of size and dimension of 4 x 8 x......4 per sheet. The learned Advocate further submits that the respondent with the malafide intention of evading the legitimate taxes and duties of the Government and the assessment has been completed lawfully @ US$ 3.34 per sheet is correct under sections 25(1)(2)(3) and 30 of Customs Act. Lastly, ..Category: Business or Commercial Law | Date: | Hits: 99
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
.... the averments, inter alia, that two of them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of Messrs Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26-6-1964 holding 1,04,265 shares out of a total of 1,70,000 shares in ...... industrial unit as an abandoned property under President's Order No. 16 of 1972 the appellants could not claim the shares of the said company or the industry itself the shares of which having been lawfully vested in the Government. The Bangladeshi shareholders of Messrs Bella Artifitex Industri..Category: Business or Commercial Law | Date: | Hits: 114
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....ent contested the case before the Court of Settlement by making submissions that Sahera Khatun and her daughter Anwari Khatun during the war of liberation left the property in question without making any arrangement for its management and supervision and that after war of liberation their whereabout......t of Settlement. The High Court Division upon making the Rule absolute declared that the property in question is not an abandoned property and the property has been listed in the 'Kha' list without lawful authority and, as such, the same has no legal effect. The High Court Division further directe..Category: Property Law | Date: | Hits: 37
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....or costs for being unnecessarily impleaded in the appeal. 4. To appreciate the point the relevant provisions of section 167(9B) of the Act may be set out: "If, in relation to any goods, an offence is committed under section 39, the goods in question shall be liable to co......hever is greater and, so allowed the writ petition, and declared that the penalty of rupees ten lakhs, to the extent that it exceeded three times the value of the imported bath-tubs, to be without lawful authority. The appeal is directed against the order of the High Court. 3. Mr. Attorne..Category: Fiscal/Taxation Law | Date: | Hits: 92
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