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ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as follows:- The petitioner, ABC Attire Limited (hereinafter stated as the Company) is a private limited garments manufacturing company. In course of its business the Company obta......ালয় পরিপত্র নং ৪১ আই টি এফ ডি/রপ্তানী/গার্মেন্টস/১০৭৮dated 22-9-2010 (Annexure-E to the Writ Petition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as f..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
....he principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.
There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek reliefs he claimed in the suit and these r...... a title suit being No.9 of 1999 (re-numbered) before Joint District Judge, Dhaka against the defendant no. 10 for a declaration that the excess amount of money demanded by the government is wrong, unlawful and not binding upon the company. After conclusion of trial learned Additional Joint District..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
...., 55 DLR (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: AJ Mohamm......ovince of East Pakistan (1971) 23 DLR 108 and expressed the view that a co-sharer how was presumed to have right title and was in exclusive possession of a joint property could not be said to be in unlawful possession within the meaning of the Enemy Property laws and was not therefore liable to be o..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....asily be termed as a national heritage having colourful history and rich memories for almost all the Dhaka city dwellers. 4. Due to it's over whelming popularity even after establishment of many new and modern shopping molls it is regarded to be the most popular place for shopping. One......ents have been called upon to show cause as to why the attempt to change the historical and approved master plan of Dhaka New Market Complex Structure, should not be declared as illegal, without lawful authority and hence, is of no legal effect. 2. Facts, in brief, are that the petitioner ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....d opening up the said course throughout the country and accordingly on 25-4-2011 the said BVA made representation to the University Grants Commission (hereinafter referred to as UGC) not to open any such course of Animal Husbandry (Hons) Degree Course in PSTU whereupon the Ministry of Education......Science and Technology University in the session of 2011 and thereby staying the Memo No.(UGC/Admin/paboishwa/402 (Tadanto)/08/8200 dated 29-9-2011, should not be declared to have been issued without lawful authority and is of no legal effect.
2. Facts leading to the issuance of this Rule, in s..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....at she is the Chairman Meghna Insurance Co. Ltd. and operating her business for a long time with reputation. On 21st May, 2003, the writ respondent No.7, Industrial Promotion and Development Company Limited (IPDC) by its letter No. IPDC/BHL/2003/393 offered a financial facility of Tk.5.00 ......on upon hearing the parties by the impugned judgment made the rule absolute and declared the enlistment of the writ petitioner's name in the CIB list as a loan defaulter to have been made without lawful authority and of no legal effect. It was argued that the High Court Division erred in law in ..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....hy;sing Title Suit No.4 of 2002. 2. Plaintiff's case, is that, plaintiff was allotted plot No.151 of Tongi Bangladesh Small and Cottage Industry (BSIC) Industrial Area and he installed a company under name and style, TS Enterprise and for developing the plot he gave foundation of 4-storied ......29 and also unreported decision of Writ Petition No.5022 of 2005 which is disposed by judgment dated 13-5-2008, wherein it is held cancellation of lease and allotment letter as without lawful authority. We have seen this judgment of the writ Petition, is reported in the appellate foru..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....es of the dignitaries as described in the Warrant of Precedence and also to show cause as to why respondent No. 1 and 2 should not be directed to withdraw their decision of automatically upgrading any person of their choice without considering the case of the dignitaries, if any, available in th...... provide the same privilege to other high profile state dignitaries above serial No. 13 of the Warrant of Precedence, as appears from Annexure- A, should not be declared to have been taken without lawful authority and is of no legal effect, as the same is violative of Articles 29 and 31 of the C..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....ment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ord...... Court Division, by the impugned judgment and order, made the Rule absolute declaring the judgment and order of the Election Appellate Tribunal, Gopalgonj in Election Appeal No.01 of 2010 without lawful authority and is of no legal effect. The High Court Division held that the writ respondent ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....stomers and clients of the Bank of that Branch. This Bank in process of functioning was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume of import business with India and Nepal ......fundamental right of citizen and why the Notice published in the daily "The Ittefaq" dated 11-7-2010 as shown in Annexure "E" should not be declared to have been published without lawful authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Sa..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
....t petition was filed, the
collection of user fees from the patients in the hospital was not challenged
inadvertently. But such kinds of collection of user fees from the patients are
not covered by any law. Moreover it is contrary to the provisions of the
Constitution of Bangladesh. Hence it is l......
that, after collecting the user fees from the patients, the hospital authorities
are distributing the fund amongst the doctors, nurses and employees of the
hospitals, which is illegal and without lawful authority. The affected peoples are
unable to come to enforce their fundamental rights, henc..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
....tition is maintainable. The Rule is made absolute in part.
Tele Communication (Amendment) Act (XLI of 2010)
Sub-section (2) of section 39 provides that if the government is of the view that any condition of the license has to be amended, it may direct the BTRC to do such amendment and such......ssigned Spectrum (7.4 MHz-1800 band) to the petitioner in 2008 and payment of licence fee and spectrum fee for new assignments without any deduction should not be declared to have been issued without lawful authority and of no legal effect.
2. Short facts, relevant for the disposal of the Rule,..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....ebruary 12, 2012.
Result:
The application is disposed of.
Cases Referred to-
Chiswick Products Vs. The Registrar of Trade mark, Karachi, PLD 2975 Karachi 421; Abdul Aziz Vs. Seven-up Company, Karachi, PLD 98 Karachi 10; Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D; A......ld be no direction under Section 46 of the Act with regard to registration of trademark."
35. Therefore, the show cause notice as served upon the petitioner appears to have been served without any lawful basis. There is no conflict in between these two Trade Names nor the public at large will be ..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....1 having been unduly influenced by the defendant No. 1 of that suit entered into a compromise to the detriment of the interest of her minor children namely plaintiff Nos. 2-4 without taking any guardianship certificate of her minor children under the Guardian and Words Act. At the time of ......e to deprive the weak section of the society by the mighty ones as is going unbridled around us in our present day scenario, therefore, we are of the considered opinion that the compromise is neither lawful nor satisfactory to this Court rather it is a device to deprive the downtrodden by the mighty..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
.... authority and is of no legal effect and why a direction should
not be given upon the respondents to ensure existence of selected car park at
Kawranbazar by way of demolishing/removing structure if any in order to avoid
traffic jam in the area.”
2. The averments figured in the petition ......ing upon the respondents to
show cause as to why shops construction by the respondents in the place of selected
car park at Kawranbazar, should not be declared to have been made illegally,
without lawful authority and is of no legal effect and why a direction should
not be given upon the respond..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....llip;………….Respondents Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language ......ously dealt with in accordance with law. At the same time, the plaintiff appellants after the expiry of those days, could recover the khas possession of the same by the aid and assistance of the lawful means through the Court concerned." 74. Defendant of Title Suit No. 38 of 1992 (pla..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
.... to sell flat No.4/B of the project, 'Primrose' at plot No.11 of Street No.4 of DOHS, Banani at taka 30,00,000 (thirty lac). And then again a tripartite agreement was executed with defendant No.1-company through defendant No.2 on 30-6-2001 and the money paid earlier was adjusted towards the value of......, we may also refer to section 10 of the Contract Act. This section has clearly spelt out that all agreements are contracts if they are made by the free consent of parties competent to contract for a lawful object and are not ''hereby expressly declared to be void." "Hear" refers to second part of t..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....desh Telecom Pvt. Ltd. Vs. Bangladesh T & T Board and others, 48 DLR (AD) 20; Chittagong Medical Vs. Shahrayer Murshed, 48 DLR(AD) 33; Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD); Jamuna Oil Company Ltd. Vs. S.K. Dey, 44 DLR (AD) 104; Maneka Gandhi Vs. Union of India, 2 SCR (1978) 621; Kanara B......Money Changer license of the petitioner issued by Foreign Exchange Policy Division, Bangladesh Bank at the signature of the respondent No.4 should not be declared to have been made and issued without lawful authority and is of no legal effect. At the time of issuing Rule the parties were directed to..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....d Engineers Ltd................Respondent Judgment January 12, 2012. Result: The Appeal is allowed. Arbitration Act, 2001; Section 7A and 21 Whether any Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreci......Monir Hossain is a necessary party in the proceeding rather they opined that the application for addition of party as has been made at the belated stage after closing the evidence is not a proper and lawful order. 9. We have gone through the Memorandum of Appeal and considered the submissions o..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....2001, upon which the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restrained by an order from entering into any management agreement or any other similar arrangement with any third party other than the petiti......he Bangladesh Railway and that having been allotted in a lucrative site for constructing the “Hilton” brand hotel the exercise by the respondent of the Provisions of Article 1 Section 4 not being lawful the proposal by the petitioner should be reconsidered by the respondent since more lucrative ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
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