Search Options
Judgment Advanced Search
Displaying 1781-1800 of 2091 results.
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....sented—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: &nbs......petitions out of which some have already been disposed of declaring that the above section 15(Ka Ka) and BRPD Circular No.12 of Bangladesh Bank are of no legal effect and those were issued without lawful authority; against the above judgments Bangladesh Bank moved the Appellate Division in civil..Category: Business or Commercial Law | Date: | Hits: 99
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....ng amounts of the bank have not been paid and the plaintiff bank also made correspondence with the respondent No.3, Ministry of Finance claiming the money but the plaintiff-respondent did not receive any money. The defendant-petitioner, from time to time, requested the plaintiff bank for time to mak......…….. (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect; or ..............................................Category: Business or Commercial Law | Date: | Hits: 135
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... Fazlul Karim on the day following the occurrence i.e. 21.10.81. He proved the FIR Ext. 1, his signature therein and that of the informant. He stated in cross-examination that there is no name of any accused in the FIR. 4. The Assistant Sessions Judge found on scrutiny of the record that th......nfessions before a Magistrate (which were on record). We must, therefore, hold that in the facts of the case there was no legal evidence before the court on the basis of which the appellants could be lawfully convicted for the offence alleged. The learned Advocate appearing for the State has fou..Category: Criminal Law | Date: | Hits: 49
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....nd in the circumstances of the case, the learned Taxes Appellate Tribunal is justified in holding that the second part of the Notification (S.R.O.440/L/76 dated 18.12.76) having been issued without any legal authority must be treated to be of no legal effect in view of the facts that section 60 of......urther, the Judges then found that the first part of the notification is redundant and the second part of the Notification No. S.R.O. 440/ L/76 dated 18.12.76 is bad in law having been issued without lawful authority. 9. Mr. Moksudur Rahman, appearing for the Revenue, canvassed that the learned J..Category: Fiscal/Taxation Law | Date: | Hits: 111
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2003 passed by the High Court Division in Company Matter No.71 of 2001). Judgement Mohammad Fazlul Karim J.- The petitioners who were re......orporation and certificate for commencement of business on 02.04.2001 from the office of respondent No.5 but the petitioners with great surprise observed that there was no logical proportionate and lawful reflection of the petitioners contribution of total Tk.5, 00,22,000.00 (Taka five crores and ..Category: Banking Law | Date: | Hits: 185
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... them to Kashimpur vagrant home and detained them against their will and the respondents circulated a questionnaire to the residents of Nimtali and Tanbazar to express their opinion as to how many women and girls were willing to give up prostitution and opt for their rehabilitation and the r......r should not be declared illegal and directing that the sex-workers in custody be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner. 4.The rule being issued, the appellant contest&sh..Category: Constitutional Law | Date: | Hits: 150
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
.... saline water. The appellant then submitted a representation on 12-6-91 before the National board of Revenue for necessary orders for allowing him to clear the said consignments without payment of any customs duty. He also filed an application under section 196B of the Act before the Ministry of......rely prayed for cancellation of the three earlier orders no case was made out under section 196B of the Act and therefore there was no reason to hold that the impugned order was passed without lawful authority. 5. Mainul Hosein, learned Counsel for the appellant, submits that section..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....ontending, inter-alia, that the Board of Directors of RAKUB in the 263rd meeting did not approve the recommendation of the promotion committee and as such there was no question of implementing any decision and that the Ministry of Finance being the Bank's parent Ministry legally amended Pad......o implement the same. He further submits that the observation of the High Court Division that condition of vetting by the Chairman embodied in the minutes of the 263rd meeting is without lawful authority and is of no legal effect suffers from serious error of law. 6. Mr. Amir-ul..Category: Employment/Service Law | Date: | Hits: 81
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....t Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habig......d subsequently, granted the lease of Baluinohal in favour of the respondent No. 4. We therefore, hold that the impugned Annexure-A and A(l) cannot be declared to have been issued without any lawful authority, inasmuch as the petitioner company had already waived their right and conceded t..Category: Property Law | Date: | Hits: 43
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association he cannot claim any right or protection under Article 38 of the Constitution. Whatever right he has as a member of t......by Article 4 of P.O. No. 26 of 1973 has been destroyed and, therefore, the appellant is entitled to a declaration that the amendments effected by sections 2 and 9 of Act No. 14 of 1989 were without lawful authority and void being inconsistent with Article 38 of the Constitution. 5. At the lime ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....e appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the whole scheme of the election law is such that ...... the suit. 13. Now the question is whether the dismissal of the suit, along with cancellation of the respondent's election, will necessarily render the appellant's uncontested election valid and lawful. The learned Single Judge held that the uncontested election having been declared by the Re..Category: Election Law | Date: | Hits: 173
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....ring the period from 23rd February 1981 to 23rd July 1989. 3. The petitioner challenged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is th...... the period from 23rd February 1981 to 23rd July 1989. 3. The petitioner challenged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is that o..Category: Employment/Service Law | Date: | Hits: 84
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
.... of the Respondent No. 4 and thereupon date of birth of Respondent No. 4 was recorded as 28.3.1948, that amendment of the date of birth of the Respondent No. 4 was not done by him in derogation of any of the Rules, rather the said amendment was allowed by the Board, that as there was adverse rem...... and others to the post of Section Officer, Annexure-E to the post of Section Officer, Annexure-E to the writ petition) so far the same relates to Respondent Nos. 3 and 4 to have been made without lawful authority and to be of no legal effect. The High Court Division while making the Rule absolu..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....gladesh Bank and it was making preparation to issue work order in favour of the said respondent, In the circumstances, the appellants were required to be restrained forthwith from issuing any work order in favour of respondent No.3 or otherwise respondents No. 1 and 2 would suffer ......rves the inherent power of the Court as may be necessary for the ends of justice or to prevent abuse of the process of the Court. That power may be exercised where there is a proceeding lawfully before the High Court; it does not, however, authorities the High to invest itself..Category: Civil Law | Date: | Hits: 119
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....e 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. Th...... 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 (Union..Category: Election Law | Date: | Hits: 108
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
.... in TCB and the writ petitioners services being considered unnecessary, the impugned orders have been passed with full financial benefits to them and as such the same does not suffer from any error. 6. We have heard Dr. A. K. M. Ali, the learned Advocate appearing for the appel&s......terials on record, made the Rules absolute declaring the aforesaid memo dated 18.09.2002 communicated to the writ petitioners on 19.09.2002 discharging them from service as illegal and without lawful authority. 5. Leave was granted to consider the submission that the TCB felt constra..Category: Labour and Industrial Law | Date: | Hits: 80
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....y of the informant and in the instant case none of the courts below considered the evidence of D.W. 1 the admitted mother of the victim where she stated that her daughter was not kidnapped by anybody but was given marriage to accused Rashid by herself and as such no offence under Secti......on. 4.Mr. Nizamul Huq, learned Advocate appearing on behalf of the petitioners submits, inter alia, that the courts below failed to appreciate that the informant of the case is not the lawful guardian or custodian of victim Rahim Kahtoon and the victim was not taken out of the keepin..Category: Criminal Law | Date: | Hits: 27
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....of retirement was without lawful authority on an assumption that it was an order of compulsory retirement under the Public Servant Retirement Act, 1974 although nowhere in the impugned order or any other document or record was it stated that it was an order of retirement under Section 9 of t......ng the respondents to go on leave preparatory to retirement from the dates, mentioned therein on the ground that they would complete 57 years of age on those dates is illegal and without lawful authority. 4. The High Court Division after hearing both sides made the rules ab..Category: Property Law | Date: | Hits: 32
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....asis of declared invoice value, the respondents acquired legal right to be assessed at that rate and the imposition of the proportionate value on the same kind of goods, otherwise in the absence of any tariff value, is without any lawful authority. 4. Leave was granted to cons......ules were made absolute and the assessments of customs duties and other levies on the imported Hard Boards and MDF Boards on the basis of proportionate value were declared to have been made without lawful authority and of no legal effect and the writ respondents were also directed to return the b..Category: Fiscal/Taxation Law | Date: | Hits: 95
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....the trial Court and directed the defendant-petitioner Government to register a document on acceptance of valuation fixed by Government and also declared the sale by auction of the suit property to any stranger to be illegal. The learned Appellate Judge also found that the valuation committee had......iff continuing to reside and doing his business on the suit property paid enhanced rent of Tk. 16457- per month from 4.9.1983. The Government on 4.9.1983 decided to sell the abandoned house to the lawful allottees. The decision was published in the national newspapers and the Government constitu..Category: Property Law | Date: | Hits: 41
21962190218521752145213521262124211720922090208120722071206620602058204620412035