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....Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
...... Reported in: 57 DLR (2005) 109.
......ill No.261467 dated 18‑10‑1994 issued by the respondent No.2 against matter No. 24442016 and of Account No. F/220 shall not be declared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to ac..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......ly as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......ode of Civil Procedure reads thus: "Notwithstanding anything, contained in sub-rule (3) the plaintiff shall not be required to substitute and shall be exempt from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, havin..Category: Property Law | Date: | Hits: 50
....ate Division in Civil Petition No.1587 of 2002 and in that Circumstances the VAT authority has liberty to recover VAT as per ad-interim order passed in leave granting order and therefore, it would be proper to adjourned the instant writ petition till disposal of the Civil Petition No.1587 of 2002 by......e Court
High Court Division
(Special Original Jurisdiction)
Present:
Ashfaqul Islam J
Dada Engineering Ltd...........................Petitioner
Vs.
Commissioner, Customs Excise and VAT Commissionerate and other……..Respondents
Judgment
August 18, 2010.
Result:
......িওবি/০০à§/৪ৠdated 3-9-2008 issued by respondent No.5 demanding Taka 31,36,776 (Annexure-I) should not be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short, is that the petitioner is a pr..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....re or incidents of widow's estate and/or the rights and obligations of such widow are now well settled. A Hindu widow or a limited heir like her is not a tenant-for-life. She becomes the owner of the property left by her husband, by way of inheritance. Her rights to the estate are absolute but only ......This Case is also Reported in: 57 DLR (2005) 80. ......r. PC Guha, learned Advocate for the petitioners, assails the impugned judgment and decree on various grounds. First, he submits that the trial Court has found that the defendant No.1 failed to prove legal necessity for the transfer by Sumati vide Exhibit A dated 14‑5‑42 and accordingly, held th..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......orted in: 57 DLR (2005) 74.
......e.
5. After arrival of the goods, the customs authority at ICD, Kamalapur issued a letter dated 22‑5‑2000 asking the petitioner company to show cause within 7 days of receipt thereof as to why legal action would nor be taken under the Order for causing possible loss in revenue for reasons of ..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ngs and decision In the context of the arguments advanced by the learned advocates of the contending parties it is now necessary for us to scrutinise the material evidence on record to arrive at a proper decision in the case. 8. PW 1 Mazeda Khatun, aged about 16 years and a student of class si......zaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....istant Judge, 5th Additional Court, Dhaka in Title Suit No. 146 of 1997 decreeing the suit, should not be set aside and or pass such other or further order or orders as to this Court may deem fit and proper. 2. The opposite party No. 1 as plaintiff filed Title Suit No. 285 of 1995 in the Court of......004) 505. ......7 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the plaintiff from his service is illegal, void and for reinstatement in his service with all arrear benefits, stating, inter alia, that..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......Division (Special Original Jurisdiction) Present: Md Joynul Abedin J Sheikh Rezowan Ali J Karnaphuli Fertilizer Co. Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is mad......st place. The Labour Court had no jurisdiction to entertain such grievance petition and, as such, the impugned judgment dated 7‑1‑1999 passed by the Labour Court, respondent No. 1, was not only illegal but was also without jurisdiction. 11. Mr. Khalilur Rahman, the learned Advocate for the p..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....on 409/109 of the Penal Code, now pending in the Court of Special Judge, Court No.3, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Prosecution case is that one Mr. Saiful Alam, Assistant Director of the Anti-Corruptio...... Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Atto......f a thing, who- Firstly. - Instigates any person to do that thing; or Secondly. - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing;..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
.... letter dated 15-9-1980 also prayed to the plaintiff Bank to issue a Bank Guarantee for TK 6,50,000/- on behalf of the defendant No. 1 of which defendant No.2 is the proprietor offering his immovable property measuring 7½ Khathas of land with three storied residential building situated thereon und......332.......rney and at the trial finger print specialist of CID Mrs. Setara Begum was examined as DW-2, who proved her report as "Exhibit-Ga" but the trial Court below without assigning any cogent reason most illegally discarded the consistent evidences of DW-1, DW-2 and DW-3 including the opinion of hand writ..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....t and House Rent Controller, Narayanganj in House Rent Case No.7 of 2005 rejecting the case should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Petitioner, a tenant filed the case on 5.9.2005 for depositing the monthly rent in the......) 342.......er the petitioner was a defaulter or not, a subject matter to be decided in a regular suit for ejectment if instituted by the opposite parties. He also submits that the House Rent Controller is under legal obligation to permit the petitioner to deposit the monthly rent if he deposits in terms of sec..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......ory Jurisdiction) Present: Syed Refaat Ahmed J The Industrialisation Fund for Developing Countries (IFU), having its office formerly at Bremerholm 4, 1069 Copenhegen K, Denmark, and currently at 27, Fredericiagade, 1310 Kobenhavn K., Denmark............................Petitione......ipal loan amount together with the overdue and default interests then outstanding. In light of the Opposite Party's protracted silence to favorably respond to the demand made, the Petitioner caused a legal notice dated 7.12.2009 to be served upon the Opposite Party reiterating its abovementioned cla..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....tees formed from time to time with all Biman service facilities and allowances including retirement benefits and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner’s case, as set out in the Writ Petition, in short, is as follow...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ion who were transÂferred from the Cabin Facilities Department to the newly-established BFCC and the newly-recruited employees of BFCC should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to reguÂlarize the service of the petit..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....al Register Case No.160 of 2007, now pending in the Court of Special Judge, Court No.2 Dhaka, should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March......e. Which the concerned authority of the Government approved. Under such circumstances, all the accused persons in conÂnivance with each other and with intention of gainÂing pecuniary advantage by illegal means collected highly confidential information and data of Chhatak gas field and other gas fi..Category: Criminal Law | Date: | Hits: 126
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....ement in service. 3. The said case was contested by the 2nd party Management who entered appearance and by filing a written objection suiting that the petitioner was disÂmissed from service after proper enquiry and after afÂfording him opportunity to show cause and he was found guilty of unauth...... This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......Code of Criminal Procedure in this Court and obtained present Rule. 7. Mr. Abdul Momen Chowdhury, the learned advocate appearing for the petitioner, submitted that the learned Labour Court acted illegally in acquitting the accused opposite party without due consideration of the special circumstan..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....esiding Officer submitted the same report to the Returning Officer and thus after the conÂsolidation of the results of all the polling centres of the Union Parishad, the election result was duly and properly announced declaring the respondent No.1 as the Chairman of Malonchi Union Parishad. The res......r Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. ......ents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawÂful authority and of no legal effect and why the petiÂtioner should not be declared as Chairman of the said Union Parishad ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....is apparent from the records that the search and seizure of the alleged adulterated tablets have been conducted by unauthorized persons, the capsules seized and sent to the Government Analyst without proper scaling and signing of the same in violation of the law as provided under the Drugs Act. Not ......o Reported in: 41 DLR (HCD) (1989) 246. ......Drugs Act was ought to have been considered by the Court below. It is further alleged by the learned Advocate that non-observance of the procedures as prescribed by the Drugs Act would result in an illegality making the whole proceeding a nullity and not a mere irregulariÂty as found by the Court b..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail apprehending environmental ill effect of a Flood Control Plan affecting the life, property, livelihood, vocation and environmental security of more than a million of people of the Di......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh...... to show cause as to why all the activities and implementation of ‘FAP-20’, undertaken in the District of Tangail should not be declared to have been undertaken without lawful authority and of no legal effect and or such other order or further orders passed as to this Court may seem fit and prop..Category: Environmental Law | Date: | Hits: 1051
....the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......t.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......spondent No.1 to show cause as to why impugned order/letter dated 11-10-92 (Annexure-R) issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materia..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
..../91 dated 29-1-1996 (Annexure-B) should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 5. The facts as stated in Writ Petition No.1840 of 1994, in short, are that the petitione......ial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………â€......s to why the impugned Circular under Memo No.70-Bichar-7-2N/84/85 dated 6-3-96(Annexure-C) issued by the respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect. 4. The Rule was issued in Writ Petition No. 891 of 1996 calling upon the respondent..Category: Civil Law | Date: | Hits: 90
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