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Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11....... well as on some other components of the vessel as evidenced by Annexure D(1). The learned Advocate further submits that making the demand pursuant to Annexure D(1) is also illegal and not tenable in law. Dr. Zahir further submits that as per SRO No. 173/Ain/97/1723/ Custom, dated 8‑7-1997 the r..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... of the goods. But the Police did not arrest Mohadeb. Even according to the evidence of PW 8 Investigation Officer who stated in his cross-examination that he did not try to find out Mohadeb. Learned lawyer of the appellant further urges that no such evidence was ever led by the prosecution leading ..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......ইতে পারে তাহা পাওয়ার ডিক্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground of res judicata in that facts and matters upon which Other..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90....... School. 3. Defendant No. 4 contested the suit by filing written statements denying the material allegations of the plaint and contended, inter alia, that the suit as framed is not maintainable in law and the plaintiff has no cause of action. It was also alleged that the plaintiff indulged in var..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......d at the trial to support the allegation. He contends that the charge under section 4 of Dowry Prohibition Act, 1980 was not brought home at all and, as such, order of conviction and can not stand in law. Both the courts below committed error in its respective decision occasioning gross failure of j..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......ure-1) and the continuation of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that the..Category: Fiscal/Taxation Law | Date: | Hits: 132
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......2(……..)/1628. dated 23-9-1997, Annexure “D” to the writ petition and the letter dated 14-8-2000, Annexure “D 1” to the writ petition should not be declared to have been passed without any lawful authority and of no legal effect, The Rule was also in terms as to “why the respondents sho..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ...... complainant, if any lies in the money suit. 6. Mr. Mahbubey Alam, learned Advocate for the complainant, concedes that cognizance taken under section 138 of the Negotiable Instrument Act is bad in law but the petitioner's liability for having committed an offence under sections 406/420 of the Pen..Category: Civil Law | Date: | Hits: 83
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......ssistant Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh (Annexure-D) should not be declared to have been made mala fide and without lawful authority and is of no legal effect.
2. The case of the petitioner, briefly, is as follows..
Category: Employment/Service 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. ......d No. 4, at Block A, Section 12, Mirpur Housing Estate under Police Station Pallabi, Dhaka into residential plots, community centre and police station should not be declared to have been made without lawful authority and of no legal effect and why they should not be directed to develop the same vaca..Category: Environmental Law | Date: | Hits: 259
....same was made liable to payment of 2.5% supplementary duty.
5. Now the question raised to this Rule is whether such duty can be imposed by merely including the said goods in Third Schedule without amending the corresponding charging section 7 of the said Act and whether milk powder is an unessent......14-6-98, File No.4th/A(12) VAT/Shah Dairy/96/1313 dated 16-6-98 and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing the ..
Category: Fiscal/Taxation Law | Date: | Hits: 93
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ...... learned Advocate for the petitioner, submits that in view of the facts that the learned Judge found that since there was no cause of action the suit is not maintainable, the appellate Court erred in law in not allowing the application for withdrawal of the case. He further submits that since there ..Category: Property Law | Date: | Hits: 30
....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.......2/73 Jessore) (Vide Annexure-F) rejecting the case and its publication in the official gazette dated 23-9-86 at page 9762(16 1) at Serial No. 81 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioners in the application under Article 1..
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......dated 25.08.2007 (Annexure-B to the writ petition) cancelling the first Ad hoc Governing Body dated 15.07.2009 and appointing the second Ad-hoc Governing Body respectively to have been issued without lawful authority and of no legal effect and declaring the appointment of the first Ad hoc Committe..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....ndent No.1 denying the allegations made in the Affidavit-in-Opposition stating, inter alia, that to the best of knowledge of the petitioners, the respondent No.1 PSC never published any public notice amending or modifying the results dated 2210-2001 of the written examination of 23rd BCS (Special)......2 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respondent No. 2 should not be declared to have been made without lawful authority and to be of no legal effect and/or such other of further order or orders passed as..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......hing the said residential model town. The petitioner purchased the acquired land of said LA Case No. 2/87-88 on different dates in the year of 1997 and, as such, the purchase is not permissible under law and the petitioners have not acquired any right, title and interest by purchase subsequent to ac..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ...... be entitled to get such obstructions removed. 25. For aforesaid reasons, the judgment and decree of the court of appeal below, which reversed those of the trial Court cannot be sustained in law, which no doubt resulted in error occasioning failure of justice. 26. In the result, th..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......pondent No. 1, the First Court of Settlement, Dhaka in Case No. 377 of 1995 (Kha-72: Block 'D', Mohammadpur, Dhaka), Annexure-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......le as the plaintiff as a worker was defined in section 2(v) of the Employment of Labour (Standing Orders) Act, 1965 and, as such, his remedy was available in the Labour Court, created under a special law and, as such, the suit was barred by law. The plaintiff filed written objection, against that ap..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......plaintiff-appellant-opposite party No.1 (Government), whether the suit being No. 82 of 1994 is barred by limitation and whether the ex parte order dated 236-72 was passed in that Miscellaneous Case lawfully. 8. During trial of the aforesaid suit plaintiff examined only one witness (Tahshild..Category: Property Law | Date: | Hits: 32
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