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Legal Notice
A legal notice is an important issue for various court proceedings when it is essential under statutory
provisions of law such as the Negotiable Instruments Act, 1881 stated on ‘cheque dishonour’ or cheque
bounce cases. In case of filing a case for cheque dishonor a legal notice to be served within 30 days from
the date of cheque dishonor with acknowledgement due (A/D) and the case must be filed within 30
days from the date of expiration of notice period. If the Payee refuses to receive notice, the period of
time shall be counted from the date of issuing notice with A/D. A legal notice may also be necessary for
demanding justice before filing writ petitions against Government authorities. It is essential for
purchasing land property or real estate to show ‘good faith’ of the purchaser.
Some important types of legal notice are given below (for practitioners and all as part of our online legal
teaching conducting by ain-qanoon.com for the interest of public in common) :
1. Legal Notice for cancellation of deed
2. Legal Notice for Cheque Dishonour
3. Legal Notice for Cheque Dishonour/ cheque bounce
4. Notice demanding Justice
5. Notice Demanding Justice
6. Reply to Legal Notice
7. Reply to Legal Notice
8. Notice claiming compensation and termination from office
9. Notice claiming compensation
10. Notice claiming rights
11. Notice for eviction of Tenant or cancellation of tenancy agreement
12. Notice claiming ownership/ possession/ lawful rights through power of attorney
13. Statutory Notice under section-169 of the Town Improvement Act
14. Notice on grievances of Club membership
15. Notice under the Company Act 1994 (AGM)
1. Legal Notice for cancellation of deed
LEGAL NOTICE
From:
Ahamuduz zaman
Advocate, Supreme Court of Bangladesh.E-mail: [email protected],Mobile:
01552455241.
On behalf of (Notice giver/ sender):
1. Md. Shohorab Hossain, Son of Md. Sader Ali Bepari and Hasena Banu,
And
2. Mosammat Runu Begum, Wife of Md. Shohorab Hossain, Daughter of Late
Sonamuddin Sarkar and Kulsum Begum
Both of whom address is Village- Tarakupi, Post Office Kataksthal, Post- Gournadi, District-
Barishal,
And Present Address: House No.2, Road No. 2, Block-B, Dalipara, Uttara, Dhaka-1230.
To: (Notice Recipient)
1. Kabir Ahmed, Son of Md. Aizar and Mosammat Diluara Begum, of Uttarkhan
Mollapara, Police Stataion-Uttarkhan, District- Dhaka-1230.
2. Motalib Hossain, Son of Md. Kaizul Islam and Mosammat Harisa begum, of Uttarkhan,
Post-Uttarkhan, P/S-Uttarkhan Majar Thana, , Upazilla- Uttarkhan, District-
Dhaka.1230.
3. Md. Ruhul Amin, Son of Md. Ataur Rahman and Mosammat Rubina Begum, of
Moushair , P/S- Dakkhin Khan, District- Dhaka.
4. Md. Borhanuddin , Son of Md. Kaizul; Islam, and Mossammat Rashida Begum of
Moushair Thana- Dakkhin Khan, District- Dhaka.
5. Md. Apan Hossain ( Babul), Son of Aziz Uddin and Mosammat Hashi Begum of
Uttarkhan, Post Office- Uttarkhan Majar, Upazilla- Uttarkhan, District- Dhaka,1230.
6. Md. Jamal Uddin, Son of Late Ashraf Ali and Mosammat Razia Begum of Uttarkhan,
P.O- Uttarkhan Majar, Thana- Uttarkhan, District- Dhaka-1230.
7. Hafizul Islam, Son of Md. Kaizul Islam and Haricha Begum of Uttarkhan,Post-
Uttarkhan , Thana- Uttarkhan, District- Dhaka-1230.
Subject: Legal Notice for cancellation of contract for sale/ By-na-nama signed on 11.5.2014 by
the above parties and registered as By-na-nama deed no. 6793, registered at Uttara, Dhaka
regarding the following scheduled property.
Dear Mr.Kabir Ahmed and Others (Notice Recipient 1 to 7)
I am hereby instructed and authorized by the above Notice Giver (owner of the scheduled
property) against you for declaration of cancellation of the by-na-nama./ contract for sale deed
signed and registered on 11.6.2014 and titled as deed no. 6793 effective for one year which was
expired on 11.6.2015.
From the above deed, it is clearly mentioned in page no.5 that the Notice Giver(s) / Owners of
the scheduled property agreed to sale the property to you for an amount of taka 34,70,000
(Thirty four lac and seventy thousand) and as you shown your interest to purchase the land, He
agreed to the above valued money of which subsequently you paid an amount of taka 6,50,000
(Six lac fifty thousand) on the date of signing the contract for sale. You all promised and
pledged to pay the rest amount of taka (34,70,000-6,50,000= 28,20,000) i.e. Twenty eight lac
and twenty thousand within one year from the date of signing and registering the contract for
sale. However, you did neither communicate nor shown your interest to pay the rest amount of
taka and to register a Sale deed/ Saf kabala deed within the stipulated time which is an utter
disregard to the agreement and in violation of the contract. The Notice Giver continuously tried
to communicate you personally and through phone due to transfer the scheduled property by
receiving the residue amount but all attempt failed due to your voluntary negligence and
showing no interest to pay the rest of the contracted/agreed amount without any lawful reason.
So, you are legally responsible for this circumstances as mentioned in the deed of contract for
sale in page no. 5 for which the contract stands cancelled and the owner of the scheduled land/
notice giver revokes their right over the land to not to sale to you anymore and to transfer it
lawfully to any other prospective buyer. As you have violated the contract and failed to pay the
money in due time, you can no longer claim any interest over the property and your money
stands forfeited as per the existing laws of the country.
Therefore, you are notified with this as follows:
1. The registered contract for sale/ by-na-nama deed no. 6793 dated 11.6.2014 stands
cancelled from issuing this notice of 12.6.2015 for violation of the terms and conditions
by you (notice recipients) as you have failed to pay the residue/ rest amount of taka
28,20,000 to the owner of the land (notice giver) within one year of signing and
registering the deed that expired on 11.6.2015;
2. As you have voluntarily violated the contract/ agreement your advance payment of taka
6,50,000 will be forfeited for such violation of the contract;
3. Due to your violation of the terms and conditions of the agreement, the owner suffered
huge loss and sufferings as he could not sell the property to other prospective buyer’s
during the pendency of the contract/ agreement of one year which is closed on 11.6.2015,
you are liable to face any civil or criminal cases whatsoever and also to pay
compensation with interests of an amount of taka 3,50,0000 (3 lac fifty thousand taka).
4. The notice giver / Owner of the land is entitled to sale the property to any one as the by-
na-nama remains invalid and illegal due to such violation of terms and conditions.
5. The Notice giver shall not accept any of your claim from now on due to the cancellation
of the by-na-nama deed and therefore authorized exclusively to the scheduled property to
transfer in any manner to any one for which you can not restrict in any manner and for
such of your illegal activities, you shall be answerable to the lawful courts and
authorities of Bangladesh.
This notice is given to you as per the existing laws and provisions of natural justice. I put my
hand hereto on behalf of the notice giver/ owner of the scheduled land as per the
authorization and one copy of which is kept in my office for future references and further
legal action (if any).
Schedule of the Property
District- Dhaka, Thana/ Upazilla- Uttarkhan, Sub-registry office, Uttara, Dhaka, JL No. C.S.
180, S A 20 , R.S. 3 and in Dhaka City Survey No. 23, Mouza- Nirni, Khatian No. C S 20, S A
24 , R S 24 and Dhaka City Survey No. 119. Dag No. Cs and S A 70, R S 90 and Dhaka City
Survey 823 and 827 of measuring total land 1155 (ajutangsha/part and parcel) in favour of no. 1
Notice giver is the owner of 0412.50 (ajutangsha) and no.2 notice giver is the owner of 742.50
(ajutangsha/part and parcel).
Signed and sealed by
Ahamuduz zaman, Advocate, Supreme Court of Bangladesh, 01552455241/01717763964.
Chamber: H#2A,R#19,Sector-11,Uttara, Dhaka-1230.
CC: All Notice Recipient (Serial no.1 to 7 listed in the Contract for Sale deed no.6793 dated 11.6.2014).
2. Legal Notice for Cheque Dishonour
LEGAL NOTICE UNDER SECTION-138 (B) OF THE NEGOTIABLE INSTRUMENT ACT, 1881
WITH REGISTERED A/D
20 May 2005
On Behalf of:
Shofiqul Islam Esq.
Proprietor
M/s. Juevenile Construction
Alupatty, Ghoramara,
Rajshahi.
. . . . Notice Giver
To
Mr. Ashraful Huq Mithu
Propritor
Mithu Corporation
3/1 North Peerer Bagh
Mirpur, Dhaka
. . . . Notice Recipient
Dear Sir,
Sub: Legal Notice arising out of dishonored Cheque No. ABB/CD No. 2612665/34/04 dated 05.12.2004 amounting to Tk.12,00,000/- (taka twelve lac) only.
Mr. Shofiqul Islam, Proprietor, M/s. Juevenile Construction of Alupatty,
Ghoramara, Rajshahi is our client the (Notice Giver) who has forwarded to us with all
the relevant papers, documents, files etc. in relation to the captioned matter have
approached us with instructions to address you as under:
1. That our client the (Notice Giver), according to your requirements supplied soya
cakes used as raw materials of poultry feed and on receipt of your Cheque No.
ABB/CD No. 2612665/34/04 dated 05.12.2004 respectively for an amount of
Tk.12,00,000/- (taka twelve lac) only drawn on Arab Bangladesh Bank Limited,
Rokeya Sarani Branch, Dhaka-1209.
2. That on 05.12.2004 the above cheque was submitted by our client the (Notice
Giver) for collection to the Exim Bank, RAJUK Avenue Branch, Dhaka-1000 for
collection and the said cheque was returned unpaid on the same date because of
‘Fund not arranged for’.
3. That our client the (Notice Giver) tried to contact you the (Notice Recipient) over
the phone and mobile to which you did not called. Even representative of our
client the (Notice Giver) met you the (Notice Recipient) personally and
requested you to make necessary arrangement for the above amount. But
unfortunately all you had to state to our client the (Notice Giver) was that you
the (Notice Recipient) would be sending the said amount in cash on the same
day. But even then there was no such payment from you end. Again for the last
two months you have abstained yourself either from attending phone calls and
avoiding meeting our client’s representative sent to you physically.
4. That since you the (Notice Recipient) knowing fully well issued the above cheque
on due account maintained by you the (Notice Recipient) without keeping
sufficient fund there against and the said cheque was returned unpaid due to
insufficient fund and you the (Notice Recipient) have therefore virtually played
tricks with our client the (Notice Giver) and cheated him outright and as such
you have committed offence under section 138 of Negotiable Instrument Act,
1881.
In the premises aforesaid, we have instructions to call upon you the (Notice
Recipient), as we hereby do, to pay Tk. 12,00,000/- (taka twelve lac) only to our client
the (Notice Giver) within 30 (seven) days of receipt of this notice, failing which our
client the (Notice Giver) would be constrained to take such civil and criminal legal
actions against you, as may be advised and, the cost and consequences for which you the
(Notice Recipient) shall be held responsible.
A copy of this notice is kept in our office for further reference, if any.
With thanks.
Yours sincerely
_______________
(Kazi Rehan Nabi)
Barrister-at-Law
3. Legal Notice for Cheque Dishonour/ cheque bounce
Legal Notice
(With Registered A/D)
Ref: 002/10/2011 Dated: 27/6/2011
To Md. Touhidur Rahman House No.7A, Jafarabad Dhanmondi, Dhaka.
----------------Notice Receiver
From Adv Rifaz Uddin Advocate, Dhaka Judge Court Chamber: Dhaka Law House 22, Court House Street (2nd floor) Dhaka-1100
----------------Notice Giver
For and on behalf of Md. Abdullah Al Islam 39, Uttara, Dhaka-1230.
Dear Sir,
Being empowered with and instructed by my client I serve this aforesaid legal notice under section-138
of the Negotiable Instruments Act as follows:
1. That my distinguished client, Md. Abdullah is an honest, reliable and an established business man with good will and reputation.
2. That my client made a business transaction with you and at the time of this business affairs you the notice receiver handed over to my client a Cheque No.7987980 dated 25/05/2011 amounting Tk. 1,00,000/-(One Lac) drawn on Sonali Bank, Motijheel Branch, Dhaka in respect of payment for computer parts.
3. That the above cheque was placed for encashment in my clients current account with Sonali Bank on 12/06/2011 but the cheque in question was returned unpaid with remark “Insufficient Funds” and returned to my client on the same date.
4. That you, the Notice Receiver, is requested to make payment the said of Tk. 1,00,000/- (One Lac) within fifteen (15) days of the receipt of this legal notice, otherwise my client will adopt the appropriate legal proceedings against you under section 138 of the Negotiable Instruments Act and you will be liable for all costs and consequence thereof.
5. I, therefore, through this legal notice, considering the above facts and
circumstances, call upon you to come to the office and meet my client
within 7 (seven) days from the receipt of this legal notice, in the event
you fail to do so, I have clear instruction from my client to take
necessary legal action against you. In this event, you shall be liable for
all costs and consequences.
A copy of this legal notice is retained in my chamber for further use and reference.
Yours sincerely
________________________
Advocate Rifaz Uddin
4. Notice Demanding Justice
DEMAND OF JUSTICE NOTICE
1. Mr. Faruk Ahmed Siddique Secretary, Ministry of Education
Section-14, Govt. of People’s Republic of Bangladesh
Segun Bagicha, Ramna, Dhaka.
2. The Chairman University Grants Commission Bangladesh
Sher-E-Bangla Nagar,
P.S. Mohammadpur, Dhaka.
3. Mr. Justice (Retd.) Md. Fazlul Haque Barrister-at-Law
Former Judge of the Appellate Division
Suite No. 7C-2, Al-Baraka Tower,
252, Elephant Road, Dhaka.
08 March 2005
Dear Sirs,
Re: Notice Demanding Justice arising out of proceedings vide memo No. wkg/ kvt
14/8 †et we-10/2003/92 ZvwiLt 24/02/2005 issued by the Secretary, Ministry of
Education section-14, Government of Peoples the Republic of Bangladesh
for allegations of violations of various provisions specially provision as
contained in section-16 of Act XXXIV of 1992 as amended vide Act of 1998
relating to establishment/ control/ supervision and management of the
private universities including that of Queens University, situated at Abedin
Tower (7th Floor) 35, Kemal Ataturk Avenue, Banani, Dhaka-1213, thereby
clearly, adversely affecting our clients rights and interest as they are/ were
the students of the said Queens University.
Mr. Md. Shoib Shikder, son of Shahbuddin Shikder, House No. 22, Road No. 5,
Dhattapur, Tongi, Gazipur, Shah Md. Omar Sufian, son of Shah Md. Shahabuddin of 203/A,
Nawabpur Road, Dhaka and lastly Md. Latif Haider, son of Haji Md. Abu Abbas of 98 H. K.
Das Road, Dhaka-1100 are our clients, who have forwarded to us all relevant papers,
documents, said show cause notice dated 24.02.2005 upon the University, Articles &
Memorandum of Association, various notices of Government of the Peoples Republic of
Bangladesh and have approached us with instructions to address you as under:
1. That all our clients are ex-students of Queens University, have passed from the said upon obtaining Degrees in 2004 from the Department of C.S.E at present serving as C.T.O. (Chief Technical Officer), obtained LL.B Degree and presently in the final year of LL.M. and is practicing as an Advocate of the Judge Court, Dhaka and last such ex-student also practicing in the Judge’s Court, Dhaka obtained LL.B (Hons) and is presently simultaneously studying to complete Final LL.M Course.
2. That most of our clients are/ were meritorious students who secured high marks both at the S.S.C and H.S.C. examinations and then applied for admission in the Queens University and obtained degrees in LL.B and LL.M/ Computer Science conducted by the Queens University. Our clients paid high tuition fees amounting to several lacs in different semesters and those presently are serving in different organization and are practicing as Advocates as stated above in the District Judge Court.
3. That our clients now reliably understand that, on the basis of the prior enquiry reports dated 18.01.2001 of the University Grants Commission, addressed to the Registrar of the Queens University, Banani, Dhaka called upon them to fulfill certain conditions from Clauses (L-Q) on or before 31.01.2001, failing which, adverse
decisions could be taken against the said Queens University. 4. That after more than 9 years of granting of Charter of Queens University, it was
served with a show cause notice on 24.02.05 by the Ministry of Education alleging, inter alia, of violation of Rules and Regulations of Act, XXXIV of 1992 as amended, vide Act of 1998. The said allegations commenced from clause (K-R) of the said show
cause notice threatening cancellation of the Charter in the purported exercise of powers under section 16(1) of the said Act of 1992.
5. That the whole proceedings, on the face of it, are not only arbitrary, opposed to principal of natural justice, fundamental human rights but are also contrary to equity/ fair play for the simple reason, that the students both present and past persons who are/ were directly aggrieved/ affected of the said Queens University are/ were not given any notice to show cause and/ or opportunity to defend themselves as students of the said Queens University as were issued in the case of the Queen’s University, however, legally unsustainable.
6. That be as it may, the students both past and present are now studying or ex-students paying high tuition fees and that too on the basis and during existence and continuance of the charter granted to the Queens University on 25.02.1996 vide memo No. kvt 14/13 †et we-15/95/50-wk¶v and, hence, any cancellation of said charter
would put the careers of those past and students in total uncertainty and not only that completely shall ruin the future of the past and present students for no fault of their own.
7. That our clients have documentary proofs to suggest that all the allegations were denied by the Queens University as in the proposed reply to the said show cause notice.
8. That such arbitrary and high handed decision to cancel the charter under section 16 shall also affect the past students, who have already qualified/ obtained degrees from Queens University in as much as those ex-students are now already serving in the various the Govt. and Semi-Government Organizations, may lose their jobs or any future promotions and further that their prospects for going abroad for higher studies including for obtaining required VISA for going abroad shall be seriously prejudiced.
9. That a draft reply to the said show cause notice dated 24.02.2005 contents, inter-alia:
i) The allegation that the Queens University did not acquire/ purchase any lands
for constructing permanent building for the University is incorrect, in that the
University has already purchased more than required lands in the name of
the Queens University at Ashulia, Savar, Dhaka, the name and relevant details
of which have been already been informed to the relevant authority of Govt.
as well as to the University Grants Commission. In this connection, it may be
mentioned that in cases of several Universities, far from purchasing required
lands, are still running the private University on rented premises and that too
after expiry of 12/13 years from the date of obtaining the Charter.
ii. That the allegation, that it does not have required number of full time
Teachers are also wrong in that there are 34 full time teachers and further
that the University have already advertised for more teacher. The said
numbers of Teachers are far in excess of the statutory requirements.
iii) That the allegation regarding keeping of required number of books are also
denied by giving reasons for such denial.
iv) That the allegation that the Vice-Chancellor and the Treasurer were
appointed without the knowledge and permission of the Chancellor is
incorrect and that the proposals for such permission for the said posts are
still pending in the office of the Chancellor.
v) That the allegation that 5% students both male/ female were not afforded
with free of tuition are also incorrect. In fact 41% of the said male / female
students were now allowed to study without any tuition fees and with
sufficient financial waiver on an average.
vi) That Audits and the Accounts of the University are duly audited by the
prominent firm of Chartered Accounts which includes income tax audit as
well as per law.
vii) That M.A. (Final) in English and Executive MBA course were never opened in
the Queens University, although permission for such studies have been
applied for and are still pending permission by the Ministry of Education/
University Grants Commission, Bangladesh.
viii) Regarding allegations of having two campuses are untrue. In fact, the Queens
University has 3 campuses comprising of 25.5 thousand sq/ft. in excess of
huge original lands/ buildings on which the said university started functioning
in February, 1996 and as such the question of violation of section IV of Act,
XXXIV, 1992 does not arise at all.
ix) That the Queens University has much higher standard of education as
compared to many others including the 18 University mentioned herein
below:
1. World University
2. Royal University
3. South Asia University
4. Bangladesh University
5. Dhaka International University
6. Presidency University
7. City University
8. Prime University
9. IBAIS University
10. Uttara University
11. Victoria University
12. Eastern University
13. Millenium University
14. Atish Dipankar University
15. UODA University
16. Daffodil University
17. IUBAT University
10. That having regard to the explanation given above, refuting each and every
allegation for the reasons as stated, it is submitted that the very show cause notice
dated 24.02.2005 having been issued in violation of Section 16 of the Act No. XXXIV
of 1992 as amended in 1998, in as much as, only on 2 grounds and upon no other
grounds as alleged namely on complaint as to fraud or cheating in availing
certificates or for lower standard of education as prescribed under section 15, the
Chancellor into the complaint by a appointing a sitting or retired Judge of the
Appellate Division of the Supreme Court and only on the basis of which a notice to
show cause for cancellation of Charter. But in the instant case, a number of illegal/
irrelevant grounds have been introduced, just to get rid of/ or for cancellation of the
Charter of ours and six other of the universities and as such no action could be
contemplated on such “show-cause” which is violative of the said Section 16 by the
Ministry of Education themselves as referred to i.e. Section 16 of Act XXXIV of 1992.
For ready reference Section is reproduced herein below:
“16 Cancellation of Charter:
1. In case of receipt of complaint as to fraud of cheating in awarding
certificates or failure to maintain the standard of education as is
approved for that university under section 15, the Chancellor may
inquire into the complaint by appointing a sitting or retired judge of
the Supreme Court and if the charge is sustained in the said inquiry the
government may revoke the charter of that university.
Provided that the charter of the Non-Government University cannot be
abrogated under this sub-section unless a reasonable opportunity of
hearing has been given to the Founder.”
11. That the exercise of powers under the above noted section 16 must be based on any
“complaint” by concerned authority giving detailed particulars of such “complaint,”
which is totally absent in the instant case.
12. That the ingredients for drawing any proceeding under section 16 is absent totally as
stated above, hence the very appointment of Justice Md. Fazlul Huq to hold an
enquiry is misconceived / untenable under the said Act of 1992.
13. That before commencing any proceedings, a copy of the enquiry report by Hon’ble
Supreme Court Judge ought to have been served upon the university, so that the
University could make proper and effective representation against above
proceedings for cancellation of Charter under section 16.
14. That above proceedings is an eye-wash, having been proceeded with to cancel the
charter as a measure for political victimization.
15. That the careers of nearly 444 students of different studies shall suffer irreparable
loss and inquiry in that they would have no remedy to turn to for no fault of theirs.
Besides, those who have already received their degrees should also suffer untold
miseries both in job-market as well as social sectors. To prove this aspect of the
grievances, the undersigned reserve the right to produce those relevant documents.
16. That in days of sessions jam, advance disclosures of question papers lastly by that of
the P.S.C. question papers, the present allegations sounds irrelevant / minors.
17. That rules having not been framed defining “lower standard” within the meaning of
Section 16 the present show cause notice is misconceived.
18. That having regard to the various news papers/ news media, it is evident that the
Govt. have already decided to take action against the 7 Universities much ahead of
the above show cause notice and therefore, the present proceedings is an eye
wash;- inquisitions proceedings instead of enquiry proceedings.
In the premises aforesaid, we have instructions to call upon you, as we hereby do, to
withdraw/ cancel/ rescind all proceedings for cancellation of Charter of the Queens
University including that of proceedings commenced vide the said show cause notice dated
24.02.2005 which is both against law and constitution of the Peoples Republic of
Bangladesh and intimate compliance thereof on or before 11 of March 2005, failing which
our client reserve the right to move the Hon’ble Supreme Court by way of Writ Petition,
with a suitable ad-interim orders;- the cost and consequences for which you shall remain
responsible.
A copy of this notice is kept in our chamber for further reference, if any.
With thanks,
Yours sincerely,
K. S. Nabi
Barrister-at-Law
C.C. to :
The Registrar
Queens University
Abedin Tower,
35, Kemal Ataturk Avenue (5th Floor), Dhaka-1213.
5. Notice Demanding Justice
NOTICE DEMANDING JUSTICE
1. The Chairman
National Board of Revenue
Segunbagicha
Kakrail, Dhaka
2. Secretary
Ministry of Finance (Internal Resources Division)
Sachibalay
Segunbagicha, Dhaka
3. Mr. Pezush Kanti Nath Deputy Commissioner
Customs, Excise and VAT
Tejgaon Area
House No. 17(6) Road No. 22
Banani, Dhaka-1213
4. The Chairman Bangladesh Petroleum Corporation
HBFC Building
1/D Agrabad Commercial Area
Chittagong.
5. Secretary Ministry of Energy & Mineral Resources
Sachibalay
Segunbagicha
Dhaka 1000
July 1, 2001
Dear Sirs Re: NOTICE DEMANDING JUSTICE ARISING OUT OF IMPOSITION OF FINE AND CONFISCATION OF
IMPORTED COSIGNMENT OF LUBE OIL PURSUANT TO SECTION-37 OF THE VALUE ADDED TAX (ACT
22 OF 1991).
Mr. Munirul Islam, Managing Director, Gulf Oil Bangladesh Ltd. having its registered
office situated at ‘RANGS BHABAN’ 113-116 Oil Airport Road, Tejgaon Industrial Area,
Dhaka, is our client who has forwarded to us all the necessary papers, documents,
notices, files etc. relating to imposition of higher rate of VAT have approached us with
instructions to address you as under:
1. That our company is Bangladesh counter part of a famous international oil company namely
Gulf Oil International originated from U.S.A. and having its registered office at ‘RANGS
BHABAN’ 113-116 Old Airport Road, Tejgaon Industrial Area, Dhaka.
2. That our client since 1998, are engaged in supplying and marketing Gulf branded of Lube Oil
throughout Bangladesh. And for this purpose, the petitioner company signed an Agreement
with Bangladesh Petroleum Corporation (BPC) on such terms and conditions as stated in the
said agreement.
3. That our client have to import Lube Oil from U.S.A. and for this business their entire
importation of Lube is regulated by Act passed by the Parliament namely Bangladesh
Petroleum Act, 1974 and by virtue of Bangladesh Petroleum Corporation Ordinance, 1976.
In terms of the said agreement our client is required to pay all customs duties, VAT, excise
duties as clearly mentioned in the said agreement i.e. 15% VAT to be paid to the customs
authority at the time of presentation of Bill of Lading.
4. That this mode of payment of taxes, is indisputable and have not been questioned nor as
such could be questioned having regard to the above Bangladesh Petroleum Act, 1974 read-
with the agreement entered with Bangladesh Petroleum Corporation (BPC) in this behalf
dated April 5, 2000.
5. That the L/C for importing the Lube Oil was paid for in the light of the foreign exchange
allotted to the petitioner under the Import & Export Act, 1950 and by virtue of Bangladesh
Bank Order No.129 of 1972.
6. That much after the importation of the Lube Oil, the said show cause notice of 08.04.2001
was issued upon our client and which was immediately responded to by our client denying
the allegation of facts made by you, stating inter-alia, that the contention of the customs
authority is both contrary to the Customs Act, 1969 and all other laws and Rules applicable
in this context as mentioned herein above.
7. That our client also contended that the impugned order of imposing fine and confiscation of
consignment dated 14.03.2001 is contrary to relevant provisions of the Constitution in as
much as similar other companies in the same nature of business, are not paying any extra
VAT imposed by virtue of S.R.O. No. Sadharan Adesh No.14/MUSAK.2000 dated 30.11.2000
nor for that matter they are saddled with such excess duties. Therefore, the impugned order
dated 30.05.2001 is discriminatory, malafide and have been passed for co-lateral purpose of
picking, choosing and finally victimising our client for reasons that could hardly be
concealed.
That in the premises aforesaid, we have instructions to call upon you as we hereby do,
to immediately withdraw/ cancel/ rescind the impugned penalty and confiscation dated
30.05.2001, failing which our client reserve the right to move the Hon’ble Supreme
Court by filing a Writ Petition, with prayer for suitable interim relief, cost and
consequences for which you will be held responsible.
A copy of this notice is kept in our office for further reference.
With thanks.
Yours sincerely
(Kazi Rehan Nabi)
Barrister-at-Law.
6. Reply to Legal Notice
Mr. Abdul Wahab
Advocate
Wahab & Associates
Rahmania International Complex
28/1/C, Toyenbee Circular Road
(4th Floor) Room No. 15
Motijheel C/A, Dhaka-1000.
18 April 2005
Dear Sir,
Sub: Your Legal Notice dated 12.04.2005 for and on behalf of your client M/S.
National Bank of Pakistan, 74, Motijheel C/A, Dhaka, concerning
adjustment of our clients alleged outstanding loan with interest shown
to be at Tk. 1,85,69,294.98 (the said outstanding amount is disputed)
against over draft (OD).
Dr. Md. Gias Uddin Mia, Son of Late Al-Haj Kasimuddin Ahmed, Managing
Director of British Bangladesh Trading Corporation Ltd. A joint venture corporation,
having its office premises situated at House No. 15, Road No. 5, Baridhara, P.S. Gulshan,
Dhaka-1212 is our Client, who have forwarded to us all the relevant documents, papers,
a copy of the L/C, a copy of your legal notice under reference dated 12.04.2005 etc. and
have approached us with instructions to reply to your said notice in the following terms.
That the relevant facts giving rise to our present dispute in creating
aforementioned overdraft facilities for importation of all machineries etc. for
installation of two CNG plants one at Mirpur and another Jatrapara at Manda, on or
before 2003, as mentioned in all related documents including Proforma Invoice, to
delayed and defective importation of the said C.N.G machines are all on record and as
such need not be repeated for saving your client’s precious time.
That your client, while opening the letter of credit was fully aware of the terms
and condition of the importation of the said machineries, which were manufactured in
Italy. Hence, you impliedly agreed to be parties to those terms and conditions of the
said contract with the Italian Machinery Co. namely PAGET Investment Co. Ltd.
That our client duly provided you with all cash security amounting to Tk. 50 lacs
(taka fifty lacs) only in Bangladeshi currency and mortgaged his Six Storied Building at
Uttara Model Town, on the basis of 99 years lease from the RAJUK, which however,
could not sold for your alleged breach; upon which you allowed the opening of the said
Letter of Credit on deferred payment of one year as such sale is prohibited under clause
nos. 17, 18, 22 etc. of the said Deed of Lease.
That our client had all the good and sincere intention to repay all your lawful
dues, incase of any intentional breach of contract/ commitment. In the instant case, as
stated above, certain technical breaches as alleged by you could have been committed
and that too for reasons beyond the control and contemplation of our client namely in
long delay of more than one year supply essential machineries/ component parts/ spare
parts/ gear box etc. In fact, as you are well aware that they even failed to supply the
gear box for the 1st CNG plant till day. The machinery was further delayed in necessary
installation, which is again, as stated above, is beyond the contract of our client. As an
esteemed foreign bank, in the name and style of National Bank of Pakistan you ought to
have taken it into consideration the genuine grievances of our client which compelled
her not to live up to his commitment. Almost a year have lapsed/ delayed in installation
of the said C.N.G plants or else our client would have liquidated all their outstanding
dues on time.
That our client do hereby intend to submit a revised schedule to pay the said
outstanding sums subject to our clients direct negotiations with you for proper and
effective settlement for the interest of both parties concerned. In this connection, our
client who is a very respectable medical practitioner/ G.P in England for the last 37
years. He personally went to your head office at 79, Motijheel C/A for direct
negotiations between 12-15 April 05, but unfortunately you even failed to give him
interview for 5 mins. This must have been due to no fault of yours.
Be that as it may, our client is constrained to point out that section 12 of the
Artha Rin Adalat Ain 1990 as amended, up to date i.e. the Artha Rin Adalat Ain 2003
have no manner of application in the instant case to exercise power under the said
section 12 does not contain and or empowered National Bank of Pakistan which is out
and out a foreign Bank prohibitions from selling the mortgaged property without any
intervention of Artha Rin Adalat. The mortgaged property, including that of the
property belonging to our client cannot be sold notwithstanding violation of any terms
and conditions of the Letters of Credit as alleged by your client.
This power to sell, if any, is given to those banks which are specifically mentioned
in the said Artha Rin Adalat Act, 1990 as amended in 2003. In any case, the question of
selling the mortgage property at Uttara does not arise at all because such sell, as
threatened by you is completely beyond the terms and conditions of the 99 years lease
upon which the demised premises was leased out to our client.
Therefore, as your client ought to have been well aware, the interest of our client
is not ownership of the demised premises i.e. House No. 19, Road No. 3, Section -3
Uttara Model Town, Dhaka but is leasehold right and not right of ownership which is still
being held by RAJUK. In other words, you can not sell the property belonging to RAJUK
for realization of your so called loan liability. In any case, the value of the Two CNG
plants, as mentioned above, would far outweigh your lawful legal claim. However, our
client seriously disputes your client’s claim is too excessive at Tk. 1,85,69,294.98/- (taka
one crore eighty five lac sixty nine thousand two hundred ninety four and ninety eight
paisa) only.
That British Bangladesh Trading Corporation Ltd. is a joint venture Corporation
and it has been incorporated as such by complying with all the terms and condition
statutory provisions namely Bangladesh Overseas Investment Regulations Act and the
property of such Joint Venture Company could not be sold without compliance of the
provisions of the said Act and or taking prior permission from the Prime Minister
Secretariat, Shere-e-Bangla Nagar, Dhaka. Besides, and in so far our client is aware,
direct sale even at the instance of National Bank of Pakistan sold without the
intervention of the Court is misconceived.
That having regard to the above facts and circumstances, including the legal
positions to sell the property in auctions, as threatened by you, we hereby request your
client National Bank of Pakistan to come amicable/ reasonable settlement as mentioned
above. It should be mentioned in this connection that even in case of our Banks/
Nationalized Bank/ Private Banks direct sell without the intervention of the Court and
section 12 was challenged before the High Court Division of the Supreme Court and
their Lordships were pleased to issue Rule Nisi upon the Respondent Banks and stayed
the direct sell of all the mortgaged properties as advertised in the various daily news
paper. Should you still wish to proceed, in spite of our legal objections, you may do to so
at our own risk and responsibility, the costs and consequence for which, you shall be
held responsible.
With thanks,
Yours Sincerely,
K. S. Nabi
Barrister-at-Law
C.C. to:
1. General Manager, National Bank of Pakistan, 79, Motijheel C/A, Dhaka-1000.
2. Dr. Md. Gias Uddin Mia, House#15, Road#5, Baridhara, Gulshan, Dhaka-1212
3. Chairman, Bangladesh Overseas.
7. Reply to Legal Notice
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8. Notice claiming compensation and termination from office
Legal Notice
(With Registered A/D)
Ref: 001/10/2010
Dated: 31/10/2010
To
Md. T Rahman
House No.9A, Jafarabad
Dhanmondi, Dhaka.
----------------Notice Receiver
From
S B Joardar
Advocate, Dhaka Judge Court
Chamber:
Ain-qanoon.com
2A, Road-19,Sector-15, Utara, Dhaka
Dhaka-1230
----------------Notice Giver
For and on behalf of
S B Security Printing & Papers Ltd.
NSC Tower, Purana Paltan, Dhaka-1000.
Under the instruction from my aforesaid client, I do hereby give you this notice, which is as under:
6. That my client S B Security Printing and Papers Ltd. is a reliable and established company in Bangladesh which is carrying on the business of security paper printing with good will and reputation.
7. That my above mentioned client appointed you as IT officer, a very important possession, with effect from dated 01/10/2005.
8. You are absent from 31/07/2010 without giving any prior notice and did not handover your duties and responsibilities to the concerned person at office that is totally breach of the employment agreement and against this company law and rules.
9. That my client sent you official notice dated on 08/08/2010 to handover all the matters that you were responsible and liable for.
10. That my client did not get any response from you after sending the notice and the company is facing loss because of your negligence, default and breach of employment agreement.
11. That this time if you do not response or come to the office then you will be liable for all the loss or damage that is occurring because of you. You shall also be liable to be terminated from the office and your services as well.
I, therefore, through this legal notice, considering the above facts and
circumstances, call upon you to come to the office and meet my client
within 7 (seven) days from the receipt of this legal notice, in the event
you fail to do so, I have clear instruction from my client to take
necessary legal action against you. In this event, you shall be liable for
all costs and consequences.
A copy of this legal notice is kept in my chamber for further record and further use.
Yours sincerely
________________________
Advocate S B Joardar
9. Notice claiming compensation
Mr. Anis Karim
Managing Director
T T Ltd.
Jahangir Tower (5th Floor)
20 Kazi Nazrul Islam Road
Karwan Bazar Commercial Area
Dhaka-1215
November 1, 2000
Dear Sir
Re: Our letter dated June 22, 2000 for failure to pay for your admitted liability and the
negotiated amount of US$ 25,000/- as against our client’s present claim for US$
35,000/- only arising out of Bill of Lading No. TTL 010081 consignment shipped on
12.08.99 consignee is being Palmon Europe BV.
With reference to the above and as per our letter dated June 22, 2000, please take notice that
we have received instructions from our client Mr. Jahirul Islam, Managing Director, Legend 5
Attires of 19 S.M. Saleh Road, Tanbazar, Narayanganj-1400 to file a suit under Section 241 &
242 of the Companies Act-1994 for winding up of your company Total Transportation for failure
to pay the negotiated amount of US$ 25,000/-. Despite providing you more than 4 months and
all the negotiation we had in this connection, unfortunately you have miserably failed to settle
the amount admittedly due to you.
Now therefore, we have been instructed by our client to request you, as we hereby do, to settle the
total amount of US$ 35,000/- within 3 days of receipt of this letter failing which our client would be
constrained to file a proceedings under Section-241 & 242 of the Companies Act-1994 for winding up of
your company. A copy of this letter has been kept in our office for further reference, if any.
Yours sincerely,
(Ahasanuzzaman)
Advocate
10. Notice claiming rights
GOBINDA CHANDRA TAGORE Advocate
Bangladesh Supreme Court
Registered With A/D
Date: 30.06.2002
To
1. The Secretary
Ministry of Education
2. The Senior Assistant Secretary
Section-4,
Ministry of Education,
Both are Bangladesh Secretariat,
Ramna, Dhaka-1000.
3. The Director General
Directorate of Secondary & Higher Education
Shiksha Bhaban,
Ramna, Dhaka-1000.
4. The Chairman
Board of Intermediate and Secondary & Higher Education
Bakshibazar, Dhaka.
5. The Upazilla Nirbahi Officer
Kirimganj, Kishorganj
6. The Chairman
7. Mr. Makhan Chandra Biswar
Acting Headmaster
Both are of Guzadia Abdul Hakim Secondary School
Post Office – Guzadia
Police Station – Karimganj
Disctict – Kishoreganj.
Legal Notice
Dear Sir,
Under the instruction of my client, Mr. Md. Emdad Uddin Son of Late Nasir Uddin
Ahmed, Headmaster, Guzadia Abdul Hakim Secondary School, Post Office Guzadia, P. S.
Karimgonj, District Kishoregonj I address you as follows:
1. That you are well informed that in pursuance of the orders issued vide Memo No.
Sha: 4/5B-9/2001/381-Shiksha dated 25.10.2001 and Memo No. Sha: 4/5B-
9/2001/430-Shiksha dated 12.12.2001 by the Ministry of Education you, notice
receiver No. 2 by the order issued vide Memo No. Sha: 4/5B-9/2001/43.1-Shiksha
dated 12.12.2001 informed the notice receiver No. 3 that the Govt. has decided to
withhold the Govt. Contribution towards the salary of my client; notice- receiver No.
3 by the order issued vide memo dated 14.10.2002 withheld the said Govt.
Contribution towards my client’s salary and you, notice-receiver Nos-5 and / or 6 by
the order issued vide Memo No. UNO/Karim/Shiksha-218 dated 13.02.2002
suspended my client from his service sine die.
2. That challenging the said orders issued vide the Memo dated 25.10.2001 and
12.12.2001, my client filed and moved Writ Petition No. 1603 of 2002 before the
High Court Division of the Hon’ble Supreme Court and a Division Bench of High Court
Division by the order dated 08.04.2002 issued a Rule Nisi as prayed for on you,
notice receiver Nos. 1-6 and also stayed operation of all the subsequent decisions
and directions made and the proceedings taken in pursuance of the impugned order
for a period of 3(three) months initially and thereby operations of the said orders
dated 12.12.2002 and 14.01.2002
with holding the Govt. Contribution towards my clients salary and the order dated
13.02.2002 suspending my client from his service sine die have also been stayed.
3. That the said Rule Nisi and the order of stay were served on you, Notice receiver No.
1-4 on 10.04.2002 through the notice server of the Hon’ble High Court Division and
my client also served the certificate copy of the said Rule Nisi and the order of stay
with a forwarding letter dated 13.04.2002 on you, notice-receiver Nos. 1,2 and 4 by
registered post with acknowledgement and the notice-receiver No. 3,5 and 6-7
received the same on 13.04.2002, 15.04.2002 and 29.04.20023 respectively.
4. That after service of the said Rule Nisi and the order of stay inspite of my client’s request made in the said forwarding letter dated 13.04.2002 for taking necessary steps in compliance with the said Rule Nisi and order of stay none of you took any step nor you allowed my client to perform his official functions nor you gave him any salary including the Government contribution towards his salary and thus you have yet not honoured, obeyed and complied with the said order of the Hon’ble High Court Division.
5. That you, notice-receiver No. 7 being the chief Executive as the Acting Headmaster and Acting Member Secretary of the said school the said Rule Nisi and order of stay were communicated to the Chairman of the said school through you and thereby you have also gathered information and knowledge of the same and my client has also informed you and thus you are knowing fully well and deliberately not honouring and obeying the said order of stay, rather you are abetting the other notice-receivers in defying and disobeying the said order of the Hon’ble High Court Division.
6. That the said order of stay passed by the Hon’ble High Court Division is binding upon
you and you are the only concerned authority to implement and comply with the
said order of stay sand there is also every scope opened for this purpose.
7. That you have a legal commitment and obligation that your conduct must always
manifestly be responsible to the detects of the Court which you cannot and must not
trifle on any account whatsoever and this is to remind you that you are saddled with
a legal duty that orders of the court that concern you are to be obeyed by strict
compliance and by no circumvention. The instant case is one which call for your
unreserved attention for the reasons as stated above.
8. That it is for your information that deliberates disobedience to or non-compliance
with any order of any court of law is contempt of the concerned court, which is a
punishable offence.
Therefore, you are hereby further requested to allow my client to perform his official
functions and to pay him salary including the Govt. Contribution towards his salary in
complying with the said order of stay immediately and you are also requested to
communicate me your decision in this regard on or before 10.07.2002 positively, in default
my client shall be constrained to file and move a contempt petition against you before the
Hon’ble High Court Division.
Thanking you,
Yours faithfully
(Gobinda Chandra Tagore)
11. Notice for eviction of Tenant or cancellation of tenancy agreement
Mr. S Abdullah
Shop No-30 (1st Floor)
10 Bangabandhu Avenue
Dhaka-1000
August 22, 2001
Dear Sir
Re: Legal Notice under Section 106 of the Transfer of Property (Act IV of
1882).
Mr. Deen Mohammad s/o late Al-Haj Noor Mohammed of 23 Shamoly, Street No.2, P.S.
Mohammadpur, Dhaka-1209 is our client who has forwarded to us a copy of the Lease
Agreement dated January 01, 1993 in respect of Shop No.20 (1st Floor), 20
Bangabandhu Avenue, Dhaka-1000 and all other related papers, documents etc. and
has approached us with instructions to address you as under:
Since the Deed of Agreement in respect of the demised premises as signed on January
01, 1993, you have committed the following breaches of the contract.
You have violated Clause 2 of the said Lease Agreement by not paying regularly the
monthly rent within the stipulated time as mentioned in the lease agreement. It may be
recalled that you have been committing breaches of clause 2 and hence, you are
defaulters, irrespective of the fact that by Judgment and Order dated 26.07.2001 passed
by the learned Assistant Judge, Mr. Syed Kamal Hossain, 4th Assistant Judge Court,
Dhaka in House Rent Case No.40 of 2000, you appear to have made few belated
payments of rents into the said Court.
That in the premises aforesaid, we have instructions to call upon you, as we hereby do,
to immediately vacate the said premises by end of September 2001 in default whereof
you will be treated as trespasser of the said premises and our client would be
constrained to file necessary suit in the appropriate court for eviction along with all
other legal remedies
A copy of this notice is kept in our office for future reference, if any.
With thanks.
Yours sincerely
(Ahasanuzzaman)
Barrister-at-Law.
12. Notice claiming ownership/ possession/ lawful rights through power of attorney
LEGAL NOTICE
(Registered with AID)
October 24, 2002
To:
Mr. Shafique Ahmed
Son of Late Abed Ahmed Mollah
House# 8, Road# 13,
Dhanmandi R/A, Dhaka.
On Behalf of-.
Mr. Sadeque Ahmed
Son of Late Abed Ahmed Mollah
House# 8, Road# 13,
Dhanmandi R1A, Dhaka.
From:
Tuhin Malik
Advocate
Supreme Court of Bangladesh
Malik Law Associates
202 Shahid Syed Nazrul Islam Avenue (New)
12 Bijoy Nagar (Old)
Dhaka-1000.
Under the instruction of my client Sadeque Ahmed, Son of Late Abed Ahmed
Mollah of House # 8, Road # 13, Dhanmandi R/A, Dhaka, I hereby give you this
notice as follows:-.
1. That the aforesaid client executed a Deed of Power of Attorney on the
21' day of April 1998 and which was registered in the Sub Registered
Office, Mohammadpur being registered No. 1320/1998, appointing you
as his lawfully attorney and agent for him, in his name and on his behalf
to do, execute and perform all acts, deeds and things in the property
schedule below.
2. That for personal reasons and consideration and for deliberate misconduct
and commission of acts of malfeasance and breach of trust entrusted upon
you as attorney and for doing illegal act, or acts not entrusted and rendered
by you for the management of his property scheduled below and the
execution of said power of Attorney had gone against my client and my
client's interests and as such that my client cancelled the said power of
attorney on the 17`i' day of September 2002 and which was registered in
the Sub Registered Office, Mohammadpur being registered No. 4173/2002
and thus also absolutely and completely revoked all powers or authority
thereby given to you provided that nothing contained shall render valid
which has been done illegally against my client's interest of the said
Property scheduled below or effective any act, deed or thing unlawfully and
against the interest of the said properties under and by virtue of the said
power given to you before the revocation.
3. That the said power of attorney is hereby revoked, you have no authority whatever to do any
act, deed or thing of the said properties in any way on behalf of my said client.
4. In the aforesaid premises, I hereby give you this notice to the effect that
you are no more the attorney of my said client to the scheduled property
and you are directed to handover all the connected papers, documents and
accounts which are lying in your custody by 7 (seven) days on receipt of this
notice to me failing which my said client shall be constrained to take
appropriate legal action against you both in civil and criminal courts and in
which case you shall be liable to all compensation and cost thereof.
A copy of this notice is kept in my file for future course of action.
Shedule of property
District Dhaka P.S. Dhanmondi Plot No. 707(old) 8 (new), Road No. 30(old)
13(New).
Thanking you,
Tuhin Malik
Advocate
Supreme Court of Bangladesh.
13. Statutory Notice under section-169 of the Town Improvement Act
The Chairman, Dated the 23rd of March- 2003
Rajdhani Unnayan Kartipakkhya
(RAJUK)
D.I.T. Avenue, Motijheel
Dhaka .
Re : Statutory Notice under section 169 of the Town Improvement Act.
Dear Sir,
Mr. Kuddus Son of Late Alhaj Md. Ismail of 1, Elephant Road, Dhaka is our client who has
instructed us to address you as under:
1. Our client is a Co-owner of the Multi – Storied Ismail Mansion Super Market
Constructed upon S. A. Plot No.2288 of Mouza Dhanmondi, being Holding No. 1,
Elephant Road, Dhaka.
2. One Md. Sadrul Islam Started Construction of a Multi-Storied Building upon Holding
No.385 Elephant Road, Dhaka, adjacent East of the Ismail Mansion Super Market having
Common Boundary at the Eastern side of our Client’s market.
3. The said Mr. Sadrul Islam started the Construction of his Building without sparing the
statutory space of 4 Feet at the Western side or any other sides of his building site. On
the contrary, he demolished the boundary wall of our client’s market at the Eastern
side, which was built after sparing 4 Feet vacant space between our client’s market
building, and the boundary wall on the East and damaged the under-ground sewerage
line and other fittings of our client’s market that run through the said vacant space.
4. The said illegal Construction at the Holding No. 385, in violation of the Building
Construction Act and the fact of damaging our clients fittings were brought to the notice
of the RAJUK which held a Inquiry through its Officials and found the construction illegal,
whereupon, said Owner was given Show Cause notice and finally, he was directed to
break and demolish the unauthorised construction under Rajuk Memo No. Rajuk
/NOO/2C186/2000/619 dated 23-05-2000. The said Offender, nevertheless, carried on
the Construction and completed the Roof Casting of the Ground floor, but thereafter
kept the construction stopped for a quite long time.
5. The said Mr. Sadrul Islam has again recently taken up the Construction of the 1st floor in
complete disregard to regulations and specific direction of the RAJUK. Besides that, he
has hatched out a Plan to open up a passage by breaking a part of our clients boundary
wall in the East and thereby to create a direct link with our client’s market.
6. The aforesaid Construction upon Holdings No.385 is not only an act of trespass upon our
client’s property but also has the illegal connivance of the RAJUK as otherwise it would
not have been possible for Mr. Sadrul Islam to continue such illegal Construction.
7. Our client has, therefore, proposed a legal action against the said Mr. Sadrul Islam in
which relief against unauthorised Construction will he prayed for in respect of
declaration that RAJUK is liable to demolish the said unauthorised construction as the
cause of action thereof arose on the date of RAJUK’s letter dated 23-05-2000 as above
mentioned and RAJUK will be made a defendant for active and illegal support to such a
Construction which RAJUK itself had found illegal and directed the delinquent
constructor to demolish it and a copy of this notice will be produced before the Court.
We are, therefore, instructed to request you, as we hereby do, to take proper step to stop the said
illegal construction within 30 (thirty) days from receipt of this notice, failing which you will be
liable for legal consequences.
Yours faithfully
(Akash & Rifaz)
14. Notice on grievances of Club membership
To,
The President / Secretary,
Dhaka Club Ltd.
Ramna, Dhaka.
22 November 2003
Dear Sirs,
Re : Grievance Petition.
I was utterly shocked and surprised on receipt of your letter No. 6099/DC dated
11.10.2003 where under you conveyed the decision of the Executive Committee to withdraw
my so-called honorary membership of your esteemed Club.
It is noted with some concern that the conduct of the Executive committee since 1990
appears more or less conspiratorial as regards the membership of my father and subsequently
that of mine.
On 07.10.1990 as apparently innocent letter being No. 247/DC was sent to my father
Mr. N Ahmed (A/C No. A-133) offering him Honorary Life Membership ramifications whereof
my father did not comprehend then nor was he informed as regards the consequences thereof.
It is to be noted here that under the Articles of the Dhaka Club Ltd. there is no such term as
“Honorary Life Membership.”
Further note should be taken of the letter No. 33/DC dated 31.12.2002 sent by the then
Secretary of the Club whereby my father’s membership was cancelled from the “List of
Honorary Members.” This step however has no legal backing under Article Nos. 22 (d) (e) (f) (g)
(h) or Article 23. Even Article 23 refers to the cessation of membership of a special Member
and my father was not a special member but a Life member.
As regards to the letter No. 6099/DC dated 11.10.2003 note must be taken of Article
22(d) and a literal meaning thereof would be that the son, daughter etc, as the case may be,
shall be transferred the same type of Membership that of his / her parent etc. and in my case,
the membership of my father was “Permanent” type and I should have been given the
“Permanent membership” and I had been paying the fees and outgoings as are levied on a
permanent member. On the other hand, if Article 22(e) be used, the membership of my father
would have expired on the day of transfer and this did not happen.
Since, I fail to find any justification for withdrawing the memberships of my father and
that of myself, I am of the opinion that the acts of your Club had been highly prejudicial and
arbitrary as against myself and my father and, I, would request you to withdraw your letter No.
6099/DC dated 11.10.2003 immediately and to reconsider my permanent membership as
otherwise I, fear a great wrong would have been done to a family by your Club.
Thanking you in anticipation.
Yours faithfully
(N Z AHMED)
15. Notice under the Company Act 1994 (AGM)
Company Law Solutions provides an expert service for your company law requirements, including such
as the calling and the conduct of company meetings.
There are two types of general meetings: Annual General Meetings and Extraordinary General
Meetings. The directors of the company should determine the date of the AGM (if they wish to hold one)
and may call an EGM whenever they think fit. There are also provisions for members to request a
general meeting to be held and to call one themselves if their request is not complied with. The main
statutory provisions are:
Directors' power to call general meetings
Members' power to require directors to call general meetings
Members may call meeting at company's expense
The court may order meeting
Notice of general meetings
Contents of notice
Special notice
Accidental failure to give notice of resolution or meeting
Circulation of members' statements
Follow ain-qanoon.com’s user links of http://www.roc.gov.bd/ (RJS Companies and Firms) in the
context of Bangladesh for examples of notices and meetings of companies and firms.