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....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......s of the compromise and have asked the petitioner to sign the letter if those were acceptable. The petitioner accepted the terms of compromise proposed by respondent No. 2 and accordingly it became a lawful agreement but the Adalat wrongly refused to accept the compromise which terms are lawful and ..
Category: Civil Law | Date: | Hits: 109
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....Bangladesh, 1972, Article 105 The petitioner intends a re-hearing of whole matter whereas all the points raised have already been thoroughly discussed and considered so without any new material the same can not be re-considered. Lawyers Involved: &......d floor of 11 Bangabandhu Avenue, Dhaka with the help of police force requisitioned under Memo No. 72-AP (Bani) 95/6 dated 25-10-1995 Annexure-’G’ to the petition has been done without lawful authority and is of no legal effect and directed respondent Nos. 1 and 5 in the writ petitio..Category: Constitutional Law | Date: | Hits: 141
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....of parks and open spaces enjoyed by allottees of a planned township cannot be converted as residential plots. Conversion of such open spaces and parks into reidenial plots is not an improvement by any means and therefore, exercise of such power is contrary to the purpose for which it is conferre......issued calling upon the respondents-appellant Rajdhani Unnayan Kartipakkha and two others to show cause as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the..Category: Property Law | Date: | Hits: 56
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
...., 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required under section 47 of the said Act. It is th......ed asking the petitioners to show cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The short fact leading to this..Category: Business or Commercial Law | Date: | Hits: 131
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....n respect of which notice for surrendering or taking possession has been issued. Since no notice as contemplated under section 5(1)(b) of the said Ordinance was issued to the respondent Nos. 1-6 or any other person inclusion of the disputed property in the “Kha” list of the abandoned ......ction 5(1)(b) of the said Ordinance was issued to the respondent Nos. 1-6 or any other person inclusion of the disputed property in the “Kha” list of the abandoned buildings is without lawful authority…..(6) ..Category: Property Law | Date: | Hits: 69
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s application before the Tribunal the respondent prayed for arrear pay and allowances from 1-1-10-1981 to 5-6-96. In reply to this, the petitioner while filing the written objection did not raise any issue as to the fact that the respondent was working somewhere or he was engaged gainfully in s...... Tribunal Case No.51 of 1997. 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6..Category: Administrative Law | Date: | Hits: 117
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....parate list of seniority of different categories of personnel for promotion and respondents 1 and 2 are not entitled to be promoted on the basis of non-existent combined seniority list nor they had any vested right of being promoted………(21 & 22) ...... Group V was combined since inception of the Corporation and thus the change in the Organisation set up and the separate seniority list prepared on the basis of the Order are arbitrary and without lawful authority and violative of fundamental rights guaranteed by Articles 27, 29 and 31 of the Co..Category: Employment/Service Law | Date: | Hits: 63
Special Reference No. 1 of 1995, 24 CLC (AD)
....eir walking out of the House first and then resorting to boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which......sdiction and powers of the Court extend only to the decision of concrete cases coming before it. 17. Section 4, Judicial Committee Act, 1833, (3 and 4 William IV, C 41) provides: "It shall be lawful for His Majesty to refer to the said judicial committee for hearing and consideration of any ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....ischarge the burden of proof in lawful justification of the detention. The detaining authority making return to the rule is to place relevant facts before the court. Where the respondents do not file any return, as in this case, the Court cannot satisfy itself as to the justification of the detentio......ommon to direct the body of the prisoner to be produced before the court but the respondents having the custody of the prisoner must specify the case of detention and discharge the burden of proof in lawful justification of the detention. The detaining authority making return to the rule is to place..Category: Criminal Law | Date: | Hits: 75
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....ght to continue in the service of the Corporation beyond 31 December 1991 and he could not be reverted to his contract service, cancelled earlier; that his vested right cannot be taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment ......er; that his vested right cannot be taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General Clauses Act, 1897 was not ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... an abandoned property. The appellant filed an application under section 7 of the said Ordinance which was registered as Case No.668 of 1988 in the Court of Settlement. The Government did not file any written statement but contended mainly at the hearing of the matter that the original lessee wa......blished on September 23, 1986 and further why the judgment and order dated 23.5.1989 passed by the Court of Settlement in Case No.668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house wa..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....ent to such appellate authority as the Corporation may decide in this behalf' within six months of receipt of the order imposing punishment". The appellant‑Corporation did not designate any appellate authority within 6 months of the passing of the order of discharge dated 17.7.86. On ......f the said Rules. 11. It is on this ground alone that the entire enquiry proceeding and the consequent order of discharge from service were liable to be declared to have been passed without lawful authority, but the High Court Division unnecessarily added that in the second show cause not..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....f respondent No. 1 was terminated in terms of Regulation No.55(2) of the Bangladesh Paribahan Karmachari Probidhanmala, 1990 which authorises termination of service of an employee without assigning any reason. The impugned order was a termination simpliciter without any blame or stigma and passed......laring Memo dated 17.12.1990 issued by respondent petitioner No. 2. The Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was th..Category: Employment/Service Law | Date: | Hits: 101
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... clearance certificate and gave its photo copy to the respondent saying that he was proceeding towards finalisation of all the arrangements for registration of a kabala; but thereafter did not take any step further. The respondent offered the balance of Taka 2 lakh and requested the appellant to ......of law to consider which leave was granted. Law on the subject is that the jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant it merely because it is lawful to do so. Mr. Khondakar Mahbubuddin Ahmed, learned Counsel for the appellant, firstly, conte..Category: Property Law | Date: | Hits: 69
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... whether it included in the ‘Ka' or “kha' Schedule. 5. Leave was granted to consider the appellant's submission that the impugned order was passed surreptitiously without giving any notice or hearing to the appellants who have been possessing the property since its release fro......andoned properties in 'Ka' or ‘Kha' Schedule. 13. For the reasons stated above the appeal is allowed. The impugned order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....of the appellant's approved lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originated from any mala fide act on the part of the, DIT, now RAJUK. 3. The appellant's Housing Project, Mohua,......d taken up the work of construction of the link road from Uttara to Ranabhola, vide appellant's own admission in its letter dated 17.11.86 to the Chairman, DIT (Annexure‑C). The Appellant could not lawfully object to the said acquisition because there was a condition that it would not object to fu..Category: Property Law | Date: | Hits: 79
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....eave was granted to consider whether or not the defendant, BSC, was liable to make payment of the back salaries and other monetary benefits for the period during which the plaintiff did not render any service to the corporation but was engaged in contract business and whether the plaintiff was l...... plaintiff thereupon brought a suit, Title Suit No.697 of 1985, in the Third Court of Subordinate Judge, Dhaka praying for a declaration that the termination of his services was illegal and without lawful authority and that he was still in the service of the Corporation as its Secretary together ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....Hannan vs. collector of Customs and others 40 DLR 273 and the same case on appeal 42 DLR(AD) 167, and relying heavily thereupon held that the writ-petitioners had acquired a vested right not to pay any duty which was not in force on the date of opening of the letters of credit as they intended to......e respective writ-petitions demanding customs duty/sales tax/DSC at the rate which were not in force on the date of the opening of the letters of credit were declared to have been made without any lawful authority and be of no legal effect. The authorities were directed to refund the amount, if ..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
...., Dhaka for a declaration that letter No.1617/DC dated 24-8-95 issued by Dhaka Club Ltd., Defendant No.1 suspending the plaintiff for 3 months with effect from 26-8-95 is illegal, unlawful, without any lawful authority and, as such, is of no legal effect and not binding upon the plaintiff being ......ubordinate Judge, Dhaka for a declaration that letter No.1617/DC dated 24-8-95 issued by Dhaka Club Ltd., Defendant No.1 suspending the plaintiff for 3 months with effect from 26-8-95 is illegal, unlawful, without any lawful authority and, as such, is of no legal effect and not binding upon the p..Category: Property Law | Date: | Hits: 65
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ons. He has been living therein since 1987. On 5-5-94 the Authorised Officer of the present Rajdhani Unnayan Kartripakkha, shortly Kartripakkha, issued him a notice (Annexure C) asking him to show any sanctioned plot which he may have had in respect of the said four storied building. The Appella...... not justified in rejecting the w petition summarily. The impugned order of the Authorised Officer lacks any legal basis and cannot be sustained. It is accordingly, held to have been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. Thi..Category: Business or Commercial Law | Date: | Hits: 136
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