Search Options
Judgment Advanced Search
Displaying 4661-4680 of 7097 results.
.... 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......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
....’s letter of appointment in issuing the impugned letter. The respondents were not influenced by anybody. The impugned Memo also does not carry any stigma on the petitioner. It is submitted that the provision of the Legal Remembrance’s Manual under the provision of section 492 of the Code of Crim......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
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....construction electrification, etc. But Order 41 rule 33 of the Code of Civil Procedure has given us this power to assess compensation which escaped the notice of the trial Court and acting under this provision of the Code and for doing complete justice when the mill had been closed down due to non c...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....Mr Farooqui submits that it is also undisputed that this vacant space was meant for a park which will serve as window to the residents of the locality and, as such, the Government in violation of the provision of Town Improvement Act and fundamental right cannot convert the same into residential plo......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
.... 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......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)
....for withdrawal of the suit. He further submits that the plaintiff allowed the suit to be proceeded knowing full well about the defect and the trial Court dismissed the suit on contest and there is no provision for withdrawal of the suit at the stage of appeal. 8. Heard the learned Advocates and p...... 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 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......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)
.... 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......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)
.... respondent No. 4) certifying that they are children of freedom fighters. The petitioners along with the other examinees relying and acting upon the aforesaid instructions collected and submitted the provisional certificates evidencing that they are the children of the freedom fighters. The responde......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)
....28 of 2001. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to refrain from transacting any business on the provisional list Annexure D, pending disposal of the applications of the petitioners for rehabilitat......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)
.... was that the suit as framed was not maintainable and also bad for defect of parties. They admitted that the plaintiff purchased 4 decimal of land from defendant No. 1 but denied that in the deed any provision was kept for egress and ingress from the suit land. There was however, mention of a road f...... 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)
....rom Md. Serajul Islam, the predecessor of the writ petitioners. We do not also find that there was no compliance under Article 7 of the Ordinance and there we also find apparent non-compliance of the provision of section 5 of the Ordinance (of President's Order 16 of 1972) as no notice under Section......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)
....tive capacity, Under section 2(h) of this Act, any person employed in such an establishment to do 'managerial or administrative' functions falls into the class called 'employer.' In the corresponding provision of the Industrial Relations Ordinance, 1969, worker/ workman has been defined in almost sa......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)
....Procedure provides that the Government Pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court and in view of this provision service of processes on the Government Pleader is good service on the Government. This vie......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
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....in respect of loss or damage of the goods unless the claim or suit is filed within one year after the delivery of the goods or the date when the goods should have been delivered. 21. The above provision is not merely a rule of limitation but a provision of the substantive law, inasmuch as the......ion under Rule 6 of Article 3 of the Schedule of the Carriage of Goods by Sea (Act XXVI of 1925) and, as such, the impugned judgment and decree passed by the learned trial Court is not sustainable in law. Mr. Ohiullah the learned Advocate, in support of his contention referred before us Carriage of ..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....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...... being constituted to identify the sick industries, its causes for being sick and to give recommendation for effective solution to the problem lying therewith, is a notification, and has the force of law for having been published in the Bangladesh Gazette by the order of the President. Hence, recomm..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....e Rule issued upon a revision application made under old section 115 of the Code. The view that no revision was maintainable against an order of an Election Tribunal was mainly based on the erstwhile provision of section 115 of the Code that an Election Tribunal was "not a Court subordinate to the H......ding, in which order has been passed by a Court of Joint District Judge or Senior Assistant Judge or Assistant Judge from which no appeal lies and if such Court appears to have committed any error of law resulting in an error in such order occasioning failure of justice, and revise such order and ma..Category: Election Law | Date: | Hits: 99
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
....ot authorize the Customs authority to make assessment of the imported used vehicles on the basis of Yellow Book value and further the Notification being SRO No.162 dated 8.6.2000 was issued under the provision of section 25B of the Customs Act, 1969 superseding the notification being SRO No. 41 date......02 of 1998 affirmed the above decision holding that the imposition of the custom duty on the basis of Yellow Book Value on the reconditioned used vehicles imported from, abroad was in accordance with law and thereafter following the above decision another Bench of the High Court Division in the case..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
.... 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......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
38903889388838873886388538843883388238813880387938783877387638753874387338703867