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....icence has no causal connection with the freedom of trade or occupation.
9. Mr. Rezaul Hasan, the learned Assistant Attorney-General has, submitted that the relief sought by the petitioner is of a mandatory nature. It has asked for a direction to grant it a private bonded warehouse licence, even ...... a discretionary power upon the Commissioner of Customs, whether to grant a private bonded warehouse licence to an applicant. All citizens are equal before law, but they may be subjected to different provisions of law at different times, depending upon the circumstances in which they find themselves..
Category: Fiscal/Taxation Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......to life includes, among others, right to adequate standard of living, right to health care, right to have unpolluted air and noise. It is also submitted that the terms of the deeds of lease, with the provisions of the Building Construction Act 1952 (EB Act XIII of 1953) ensure that the topography co..Category: Environmental Law | Date: | Hits: 259
.... the above facts and circumstances 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: 52 DLR (HCD) (2000) 72....... of 2.5% supplementary duty on the imported milk powder by section 7(15) of the Finance Act, 1998 by including the same in the Third Schedule of the Value Added Tax (VAT) Act, 1991 is contrary to the provisions of section 7 of the said Act and the said section 7 having provided for imposition of suc..
Category: Fiscal/Taxation Law | Date: | Hits: 93
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f of Abandoned Building which violates fundamental right of the petitioner and, as such, they are entitled to get the relief as prayed for wrongful inclusion of the case house as abandoned house. The provisions of President’s Order No. 16 of 1972 is not attracted in respect of the case house in wh..
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....-C and D to the Writ Petition and that the appointment of the first Ad hoc Governing Body, vide Annexure-B dated 15.07.2009 to the writ petition, has been made with lawful authority following the mandatory provisions of Regulation 38(2) and 39(1)(Ka)(Kha) of the Regulation, 2009 and the subse...... 6. It appears from the appointment of the first Ad-hoc Governing Body and the second Ad hoc Governing Body that the first Ad hoc Governing Body has been made in accordance with law and following the provisions of the Regulations, 2009 but the second Ad hoc Governing Body appears to have been made w..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... appear in the Psychological Written Examination. After the Psychological Written Examination 292 candidates including the petitioners were found unfit for non-compliance of different mandatory provisions as was required to comply with at the time of filing application Forms and accordingly, t..Category: Employment/Service Law | Date: | Hits: 134
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......d so has arisen between the identified sick industry and the respective bank. Keeping in view the said scheme of re-conciliation or mediation the legislature subsequently has incorporated different provisions of law in the remedial statute, the Artha Rin Adalat Ain, 2003 as were not available in t..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......n Tribunal was "not a Court subordinate to the High Court Division". That principle could no more be now pressed into application in the exercise of revision jurisdiction by the District Judge. Newer provisions of sub-section 2 of section 115 of the Code do not leave any scope for any controversy af..Category: Election Law | Date: | Hits: 99
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....the Ain but the auction was made prior to filing of the suit in pursuance to Sub-section 1 of section 12 of the Ain, as such, under sub-section (4) of section 12, the provisions of Section 33 are not mandatory. Besides, it appears that although by an order dated 12.10.2005, the auction purchaser was...... the Court discharged the rule on the ground that admittedly the respondent-bank had already executed and registered the deed of sale in favour of the respondent-auction purchaser, as such, under the provisions of Sub-section (8) of section 12 of the Artho Rin Adalat Ain,2003, such sale can not be q..Category: Civil Law | Date: | Hits: 85
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......arlier under the Nitimala and now under the Act to the respondent to consider and dispose of application for NOCs/registration/licences. In that regard, it would be pertinent to refer to the relevant provisions of sections 4 and 5 of the Act as read thus:
৪। লাইসেন্স-- (১) ..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......t to have dismissed the pre-emption case. 13. On the contrary, Mr. AQM Safiullah submits that the law does not contemplate implying of all of the recorded tenants in the pre-emption case under the provisions of section 24 of the Non-Agricultural Tenancy Act and as per section 24 of the said Act, ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......asioning failure of justice. 11. Mr. Abdur Razzaq, Senior Advocate appearing with Mr. Mohammad Hossain, the learned Advocate for the respondent, opposes the appeal and submits that in view of provisions laid down in section 42 of The Specific Relief Act the suit is maintainable. He added tha..Category: Property Law | Date: | Hits: 31
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....r section 91 of Local Government Ordinance, 1976 as no prior notice was issued before its institution. He lastly submits that the provisions made in section 91 of Local Government Ordinance, 1976 are mandatory in nature. In support of his contention, he relies on 2 cases, which we shall consider lat...... 3, 12, 14, 16 and 18, submits that the suit as framed was barred under section 91 of Local Government Ordinance, 1976 as no prior notice was issued before its institution. He lastly submits that the provisions made in section 91 of Local Government Ordinance, 1976 are mandatory in nature. In suppor..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......W 1 & 2, has proved the factum of seizure of the alleged adulterated mustard oil from the possession of the accused and, as such, the search and seizure of alamat not being in accordance with the provisions of section 103 of the Code of Criminal Procedure, 1898, the learned judge of the Special ..Category: Criminal Law | Date: | Hits: 35
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......jurisdiction not conferred by law or has failed to exercise jurisdiction so conferred upon it or has acted illegally in the exercise of jurisdiction which means that it has committed a breach of some provisions of law or with material irregularity in the exercise of its jurisdiction which means that..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......ticular, he points to the order dated 22-1-2001 by which he was found to be below the age of 16 years. He submits that, therefore, he should have been tried by a Juvenile Court in accordance with the provisions of the Children Act, 1974. He submits that the Nari-o-Shishu Nirjatan Daman Tribunal neit..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. He submits that as per provisions under section 62 of the Contract Act if the parties agree to substitute a new contract fo..Category: Business or Commercial Law | Date: | Hits: 208
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......s well as without giving chance to the petitioners of being heard, most illegally passed the impugned order debarring them from appearing in coming 3 academic years which is in clear violation of the provisions of Articles 27 and 31 of our Constitution, as such, the impugned order is liable to be se..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ence of the member. 16. In order to decide as to the constitution of the Labour Court, functioning of the court in the absence of a member and whether the advice of the members of the court is mandatory, reliance may be placed on two leading decisions of the Appellate Division in the cases of...... in his mouth to question the validity of the Enquiry Committee. The Labour Court rightly found that the inquiry was conducted properly. The Labour Court adjudicated the matter in accordance with the provisions of law. The Labour Court was duly constituted and the members constituting the Labour Cou..Category: Labour and Industrial Law | Date: | Hits: 108
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......found mala fide, belated, inconsistent in character and that does not relate to the real point in controversy. In the case reported in 34 DLR 278 the governing consideration was that according to the provisions under Order VI, rule 17 of the Code the parties after filing their pleadings they will no..Category: Property Law | Date: | Hits: 42
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