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Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....ure expired on 14-1-92 on the ground inter alia, that at the time of establish temporary Benches it was visualized that their ten may have to be lengthened. They were paid from the Revenue Budget. Many of them have crossed the limit of 30 years disentitling them from future Government service. At......ng to hold that the Ordinance is not applicable to the writ petitioners on the ground that they are not Mujibnagar employees or on any other ground should not be declared to have been made without lawful authority and to be of no legal effect and why a declaration should not be made that they we..Category: Constitutional Law | Date: | Hits: 161
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....of age for decision, on evidence, by the appropriate authority, if and when raised after the poll. It is further submitted that the petitioner having been elected in the by-election, it is for anyone who is interested to challenge such election in the Election Tribunal and agitate the quest......of 1995 by a Division Bench of the High Court Division declaring that the acceptance of his nomination paper by the Returning Officer, respondent No. 4, as a candidate in that by-election was without lawful authority and is of no legal effect, as he was less than 25 years of age on the date of submi..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....en the plaintiff again went to see his minor son in that house, he was not allowed to see the child. Rather, defendant No.1 insulted him. Since 1.6.94 defendant No.1 did not allow the plaintiff and any member of his family to see the child. She did not also send the child to the house of the plai...... Act as opposed to Public-Policy. It will not be out of place to quote Section 23 of the Contract Act which reads as follows: “23. The consideration or object of an agreement is lawful, unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....e her and her son out from the conjugal home retaining all her ornaments and wearing apparels. The appellant has since been living at her parental home and the respondent has not given her or her son any maintenance since then. A year later she approached the village matbars for a salish which faile...... 8. Further, Mulla’s Principles of Mohammadan Law (18th Edition), section 278 reads as under: “278. Order for maintenance.- If the husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past mai..Category: Family Law | Date: | Hits: 198
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....r declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest in the suit land and that the plaintiff is the owner and possessor of...... report on 5 10-76 and the plaintiff and his wife were discharged from the criminal case on 18.10.76. Thereafter the plaintiff got possession of the suit land. The kabalas were executed without any lawful consideration during the pendency of a non-compoundable criminal case and for stifling a cri..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....September 1987 passed by the Assistant Judge, Ramganj decreeing Title Suit No. 41 of 1986 and declaring thereby that the termination of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still in the employment of the Rupali Bank. 2. Pla......ember 1987 passed by the Assistant Judge, Ramganj decreeing Title Suit No. 41 of 1986 and declaring thereby that the termination of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still in the employment of the Rupali Bank. 2. Plainti..Category: Labour and Industrial Law | Date: | Hits: 152
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
.... The house has wrongly been enlisted as an abandoned property. The writ petitioner (present Respondent No. 1, Bangladesh) contested the case stating, inter alia, that the petitioner did not acquire any right, title and interest in the house in question and that the same has correctly been enlist...... learned Judges of the High Court Division rightly held that in view of the decision of the civil Courts between the Government and the present petitioner the Court of Settlement acted without any lawful authority in declaring the property in question as not an abandoned property and issuing dir..Category: Property Law | Date: | Hits: 58
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
.... resolution of the Union Parishad and the report of the Deputy Commissioner. Its decision to select a site for construction of a building cannot be questioned. In this case there is no violation of any rule of the Rules of Business. Rule 4 (ix) provides that the Secretary shall keep the Minister-......vel of the Secretary of the Ministry of the Local Government was changed by the Minister in a highly arbitrary manner and the subsequent orders are liable to be declared to have been passed without lawful authority. 6. It is further contended that the decision to shift the office of the Un..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....ায়াত ভাতা” as awarded by the Board terming the same as “travelling allowance” to the effect that section 2(8)(b) of the Ordinance did not empower the Minimum Wages Board to fix any such “travelling allowances” and as such the recommendation made by the Board for “travell......r the Minimum Wages Board to fix any such “travelling allowances” and as such the recommendation made by the Board for “travelling allowance” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the l..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....therein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 19......ein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 1994 a..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....he Judgment and Order dated 8.5.95 passed by the High Court Division in Writ Petition No. 1321 of 1994). Judgment: Mustafa Kamal J: The petitioner-company obtained a Rule Nisi in Writ Petition No. 1321 of 1994 calling upon the respondents to show ca......ss dated 27.7.94 in so far as it relates to invitation of tender for establishment of Cellular Mobile Telephone Service in major cities and areas of Bangladesh should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, r..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... No.3 of 1993. The two appeals have been heard together and will be disposed of by this common judgment. 2. Bangladesh Telecom (Pvt) Ltd, shortly BTL, the writ petitioner and a private limited company, ‘entered into a written agreement on 26.7.89 (Annexure-A to the writ petition) with Banglades......ems which were admittedly installed at the cost of BTL, no show cause notice was issued to BTL. As such the impugned order so far as it relates to these three communication systems was passed without lawful authority and the Rule was made absolute in respect thereof. But in respect of cellular radio..Category: Information Technology Law | Date: | Hits: 242
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......nt case the Court was constituted by the Chairman and only one member, the High Court Division by the impugned order declared the judgment of the Court of Settlement as to have been passed without lawful authority. 5. The petitioners are aggrieved because the High Court Division ref..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....e since then with the members of their families. 3. Their mother filed an application before the Secretary, Ministry of Works on 6.8.1974 for releasing the property to her but without any result. She fell ill and died on 10.3.1975 and was buried in the Mohammadpur Jame Masjid and Ei...... order dated 29 October 1991 the High Court Division made the Rule Nisi issued in the writ petition absolute declaring that the judgment and order of the Court of Settlement were passed without any lawful authority and that the inclusion of the disputed building in the Gazette was also without an..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....n application to the Minister of Public Works and urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchaser Bangladesh as plaintiff instituted in the 3rd Court of Subordi......ngladesh to be in possession of the suit property and he filed an application to the Minister of Public Works and urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchase..Category: Property Law | Date: | Hits: 61
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....e learned Advocate for the petitioner urged several points. The point, however, which has become crucial in this case is, that the entire proceeding was taken against the petitioner without serving any notice on him. From a perusal of the records and scrutiny of the matter it appears to us that ......ch the impugned order cannot be satisfied. 9. We accordingly make this rule absolute and held that this impugned order as contained in Annexure 'B' of this petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition w..Category: Others | Date: | Hits: 92
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....lls (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cecil Ryan, AIR 1937 Cal. 526; Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted respondent 1929 AC 642; Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted r......his claim with the defendants respondents for compensation due to loss of his earning capacity. The Administrative Officer of the respondent Corporation assured the appellant that he would be paid lawful compensation after calculating the sum and asked him to see him on-some future occasion. The..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....impugned order of assessment had been made beyond the period of limitation, allowed the appeal on 13.12.63 and set aside the order of assessment. 3. Petitioner in Petition No 530 is M/s Company Ltd. Kushtia and the "chargeable accounting periods" are (1) 1.7.54 to 30.6.55 and (2......rs by continuing futile proceedings against them. 17. We accordingly, make the Rules in both the petitions absolute and declare the impugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case w..Category: Fiscal/Taxation Law | Date: | Hits: 106
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....afiqur Rahman with ATM Afzal-For the Respondent. Writ Petition No. 81 of 1970. Judgment A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order ......rvator may remove, or cause to be removed, any timber, raft or other thing, or floating being any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing place, wharf, quay, dock, mooring or other work on any part ..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....der dated 25-3-99 passed by a Division Bench of the High Court Division in Writ Petition No. 4375 of 1997 discharging the Rule Nisi. 2. Respondent No. 6, Industrial Development Leasing Company Bangladesh Limited, a non-banking financial institution was constituted under the laws of Bangl......It is only proper and legal that petitioner No. 1 company is represented by its own directors in the Board of respondent Nos.6 Company as under the law the directors of a company are the proper and lawful persons to represent it. If any other construction and interpretation are given to section ..Category: Business or Commercial Law | Date: | Hits: 106
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