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A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
.... liable to be declared to have been passed without lawful authority and is of no legal effect. 6. Substantiating his argument the learned counsel submits that the respondent No. 4 without giving any show cause notice released the petitioner from the post of Chairman of the Governing Body of the......o.4 (as contained in Annexure-C) releasing the petitioner from the post of Chairman of the Governing Body of Shahid Zia Model College, Gabtoli, Bogra shall not be declared to have been passed without lawful authority and is of no legal effect." 2. Be it mentioned that at the time of issuan..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....t and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, in short, is as follows:
The petitioner is a limited company engaged in the business of running CNG Filling Station and thereby providing service to CNG-run ...... demand notice dated 26-11-2012 issued by the respondent No. 2 vide his office Memo No. Comilla PBS-1/400.13/2012/7927 (Annexure-'C' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....ge of export/import of a defaulter under section 202 of the Customs Act, 1969, which is a similar provision like section 56 of the VAT Act, 1991, the preconditions for issuance of any such order under section 202 is the determination of liability of the person upon whom......materials under the L/Cs (Annexures "N to N-17") within the HS Code permitted under the said Special Bonded Warehouse License of the petitioner company, should not be declared to be without lawful authority and are of no legal effect.
Background Facts:
2. Short facts, relevant fo..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
.... Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government and he used that passport and travelled different countries of the world on many occasions. The passport was issued in favour of the petitioner on 23-11-2006. Later on, the peti...... "Where a public officer has power to deprive a person of his liberty or his property, the general principle is that it is not to be done without hearing." 26. The petitioner being a lawful citizen of Bangladesh is entitled to a Machine Readable Passport and withholding the same is ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....ted in the monthly pay order (MPO) from May, 1995, being Index No. 258346, and since then he has been receiving government portion of his monthly salary and other financial benefit regularly, without any interruption, till to date; that without complying the mandatory provisions of the Recognised No......lafide and arbitrarily and, as such the inordinate delay of the respondents to dispose of the application filed by the petitioner on 22-3-2015 is required to be declared to have been done without any lawful authority and is of no legal effect; that it is the statutory duty of the respondents to disp..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....amount of the outstanding the respondent No. 2 Agrani Bank Ltd. Zinda Bazar Branch, Sylhet through their engaged advocate served a legal notice upon the defendants notifying that due to nonpayment of any amount they will have to auction the mortgaged property. It is also stated that without having a......a Rin Suit No. 3 of2013 rejecting the application of the petitioners to allow them contest in the suit by accepting the written statement (Annexure-C) should not be declared to have been done without lawful authority and is of no legal effect." 2. The background leading to the Rule, in sho..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
.... be declared to be without lawful authority and is of no legal effect. Back ground facts in Writ Petition No. 3203 of 2004 4. The petitioner, in this writ petition, is a private limited company and is engaged in the business of producing Edible Oil in the industry located at North Rupshi, ......petitioner, and, at the same time, deducting the said amounts from the current account register of the petitioner on 30-5-2004 and 7-6-2004, (Annexures-C & D) should not be declared to be without lawful authority and are of no legal effect. In Writ Petition No.3205 of 2004 3. Rule Nisi..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
.... August 25, 2015 Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such te...... a principal defendant in her personal capacity, Mr Siddique submits, exposes her to a great risk of depriving her from most of the civil rights and practically depriving her from earning a living by lawful occupation, trade or business which are her fundamental rights enshrined in the Constitution...Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
.... paid. Accordingly, a receipt to that effect was given to the petitioner by the Extra Assistant Commissioner (current charge) of the concerned Taxes Circle. In the said return, apart from not showing any income from agriculture unlike previous assessment year, the petitioner, amongst other, had show......ed by the respondent No. 3 under section 121A of the said Ordinance upholding the said order dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should not be declared to be without lawful authority and are of no legal effect. Background facts: 2. Short facts, relevant fo..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
.... possession of the property. On the same day he executed and registered a power of attorney appointing the Petitioner authorizing her to act on his behalf and to deal with the property in question in any manner including power of transfer of the same. After passing of a considerable time while Abdur......o. 615 (Mistakenly mentioned in the decision as published in the Bangladesh Gazette dated 28-4-1986 against Serial No. 634) (Annexure "L") should not be declared to have been passed without lawful authority and is of no legal effect and as to why the Respondents should not be directed to e..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
.... the instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as ...... instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....on of the said property died on 25.03.1971 leaving behind his only nephew Md. Ehsanul Hoque as his heir and since then Md. Ehsanul Hoque was in peaceful possession of the property in question without any hindrance from any quarter. Thereafter, the petitioner’s vendor Md. Ehsanul Hoque sworn an...... the respondents to show cause as to why the impugned judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petition should not be declared without lawful authority and of no legal effect and why the disputed Plot No. 13/A/A/1st Colony Mirpur, Dhak..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....ocate submits that the head of the institution, addressed a letter dated 21-9-2014 to the respondent No. 2 (Board Chairman), naming 3 persons and annexing along with their bio data for appointment of any of them as the President of the Governing Body (GB) of UMHSC, vide Annexure-'D series'. ......a, as contained in Serial No. 1 of the Memo being No. 265/Ka/Onu: /9/1309 dated 13-10-2014 (Annexure-A) issued under the signature of respondent No. 3 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....rt itself. No plausible deduction other than this can be given on this count....... (11-14) Case Referred to- Peninsular Shipping Service Ltd Vs. Faruque Paint and Varnish Manufacturing Company Limited 59 DLR (AD) 26. Lawyers Involved: Md. Liton Ahmed, Advocate—For the Peti......cause as to why the auction notice dated 26-7-2012 passed by the Artha Rin Adalat No. 4, Dhaka in Execution Case No. 36 of 2012 (Annexure-B) should not be declared to have been published without lawful authority and is of no legal effect." 2. The background leading to the Rule, in sho..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....r deducting certain amounts. Some of the deductions were legal and some not legal. In the first installment the ACC sent the petitioner a cheque for an amount of Taka 3,37,250 without deducting any amount as advance income tax and the petitioner paid income tax for the relevant financial......l asking the petitioner to deposit Taka 33,079.25 as VAT, all issued under the signature of respondent Nos. 2, and 3 Annexures-A, A1, A2, A3, A4, A5 and A6 shall not be declared void and without lawful authority and is of no legal effect and why the respondents shall not be directed to 1 cancel..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....vocate appearing on behalf of the petitioners upon placing the relevant provisions of the rules incorporated under Chapter VII of the Rules, 1955 submits that the Appellate Officer has not been given any power whatsoever to rehear the appeal cases under rule 31 of the Rules, 1955 which had earlier b......rge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2, and I-3) in respect of DP Khatian No. 1645 should not be declared to have been issued without lawful authority and of no legal effect. 2. The Rule was directed to be heard along with Writ P..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
.... Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in...... as to why the Notice for auction published in the daily "Inquilab" and "Bhorer Kagoj" both dated 24-1-2013 (Annexures T and 'F-l') shall not be declared to be without any lawful authority and is of no legal effect and as to why Order No. 17 dated 24-2-2013 (Annexure-'..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....section 98 of the Act..............(17)
Under sub-sections (1) and (2A) of section 98 of the Act, goods imported for hundred percent export oriented ship building industry and warehoused in any special bonded warehouse or in any hundred percent export oriented industry, may remain in such ......r the circumstances, respondent No.1, by following the provision as laid down in section 111 of the Act, passed the impugned office orders and, as such, the impugned demand-cum-show cause notices are lawful and the Rules are liable to be discharged.
7. Mr. Md. Shohidul Islam, the learned Advoca..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....s to effect a sale, the transaction will not be regarded as a mortgage. It comes that a transaction in which the stipulation for repurchase is contained in a separate document cannot be a mortgage of any kind because it cannot fall under any other category of mortgage as per the provisions of the Tr......er passed by respondent No.1, Assistant Commissioner (Land), Lauhajang on 10-5-1992 directing the appellant to hand over possession of the disputed land to respondent No.4 to have been passed without lawful authority and be of no legal effect on the same view taken in the first case. Facts of the in..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....ppears—For the Petitioner. SM Kafil Uddin, Advocate—For the Respondent No. 3-Bank. When Writ petition heard on merit without hearing the petitioner— If in any particular case the ratio decidendl of Appellate Division applies directly or where the case in ......ng before the learned Metropolitan Sessions Judge Court, Chittagong by respondent No. 3 in addition to Artha Rin Suit for recovery of loan amount should not be declared to have been initiated without lawful authority and is of no legal effect. At the time of issuance of the Rule all further proceedi..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
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