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Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings,......le and possession of the disputed land has been gone into incidentally in order to declare the action of the government officials in pulling down the structures of the respondents to be without any lawful authority. Mr. Ahmed, however, has been fair enough to submit that in order to allay the mi..Category: Property Law | Date: | Hits: 64
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....econd Labour Court, Dhaka, 33 DLR (AD) 58 held that the case before the Labour Court was not maintainable and consequently the judgment of the Labour Court was declared to have been passed without any lawful authority and is of no legal effect. 7. Dr. Kamal Hossain, learned Advocate app......hat the post of gate keeper (lady) was abolished from the cinema hail as the management abolished the separate female class in the cinema hall. Hence the petitioner was retrenched after giving her lawful dues. 4. Before the Labour Court respondent No.1 did not appear. Consequently the L..Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....ier also respondent No.2 gave ijara of the ghat to others for the year 1401 BS and on the protest of the local people the order was not acted upon. It is stated that no law exists to give ijara of any nowka ghat in the Bengal Ferries Act, 1885 which only provides for giving ijara for ferry ghat.......ther the State Acquisition and Tenancy Act 1951 nor the Local Government (Zilla Parishad) Act 1988 provides for giving ijara of a nowka ghat and, as such, the impugned order has been passed without lawful authority and is of no legal effect. 2. The High Court Division held that as ferry ..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....ion of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribunal to ...... e in not holding that the impugned Circular dated 8-3-96 had been issued without approval of the Government and without publication in the official gazette and, as such, the same was void, without lawful authority and having no legal effect. Lastly, Mr. Ahmed has submitted that the High Court D..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
...., all judgments and sentences and other orders passed, all acts and things done and actions and proceeding taken and/or continuing, subject to the decision of an appellate/revisional authority, if any, and all past and closed transactions, all before 16-6-1999 are hereby ratified and confirmed a....... Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates to the said respondent and 13-11-1998 BS as to why such holding of office should not be declared to be illegal and without lawful authority. 2. The pillar of the writ petitioner respondent’s writ petition was..Category: Employment/Service Law | Date: | Hits: 72
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed……(14) ii) A right give......risdiction of the petitioner as the Government is empowered to curtail the limit of the area for which a Nikah Registrar has been licensed. Respondent No. 1 further asserted that the Government has lawfully appointed respondent Nos. 4 and 5 as Nikah Registrars by curtailing the area by operation ..Category: Employment/Service Law | Date: | Hits: 69
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....moted to the post of Senior Traveling Ticket Examiner. Both the petitioners challenged the retirement scheme and confirming the retirement of the petitioners before the High Court Division as void any without lawful authority and are of no legal effect. 3. The cases of the petitioners i......e post of Senior Traveling Ticket Examiner. Both the petitioners challenged the retirement scheme and confirming the retirement of the petitioners before the High Court Division as void any without lawful authority and are of no legal effect. 3. The cases of the petitioners in a nutshell..Category: Employment/Service Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....ted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. The court cannot sit over its own judgment on re-hearing of the same points already decided without any new materials……..(8) Lawyers Involved: Amir-ul-Islam, Senior...... after completing the formalities of acquisition and therefore, the direction issued by the Government to the Deputy Commissioner, Dhaka in the memorandum No. Bhu-Ma. DA/35/81/123- Acqn was without lawful authority. 3. The Government resisted them on the plea that the petitioners, purcha..Category: Property Law | Date: | Hits: 69
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....on in question were made to that end and also the acquired land was put to use for the said purposes. The original owner of the land, who was an employee of the appellant as an overseer did not raise any objection to the requisition and acquisition in. question till 1979 when he started making false......the recommendation of the Deputy Land Reforms Commissioner of that Ministry and after obtaining the legal opinion of the Ministry of Law and Justice, had decided that the property in question was not lawfully requisitioned/acquired and, as such, the property was withdrawn from acquisition under sect..Category: Property Law | Date: | Hits: 63
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......her banks, it now appears that the Government could not be allowed to work inconsistently, whimsically and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) ..Category: Business or Commercial Law | Date: | Hits: 91
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....the affairs of the Board, not of individual schools and colleges. Under the Ordinance, the Government has no supervisory, recommendatory or controlling authority over the affairs and activities of any school or college. That is the function of the Board. The Government clearly overstepped its bo......dary Education, Dhaka, shortly the Board, and Inspector of Colleges of the Board (respondent Nos.4 and 5 to the writ petition and petitioner Nos. 1 and 2 therein (Annexure-F) have been made without lawful authority and are of no legal effect. 3. Respondent No.1 joined the then Ideal Juni..Category: Constitutional Law | Date: | Hits: 155
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Judgment ATM Afzal CJ.- The petitioner Company, an admitted loanee of the respondent Bangladesh Shilpa Rin Sangstha, filed Writ Petition No. 6......termination of the actual amount of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to have been made without lawful authority and be of no legal effect, etc. A writ Bench, by the impugned order dated 1st Mar..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....ition No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands......n No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands inv..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....tion of the writ petitioner’s whereabouts being unknown does not arise. There is no allegation that the writ petitioners or their father are not Bangladeshi or that they were the nationals of any country which at any time after the 25th March, 1971 was at war with Bangladesh. The very inc......Division held, cannot be considered to be a notice in the eye of law and the treatment of the property in question as an abandoned property and enlisting it in the “Kha” list is without lawful authority and is of no legal effect. The writ petitioners need not have invoked the jurisdic..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....writ petition was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession ......uildings in question in the ‘Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 23-9-86 (Annexure ‘H’ to the writ petition) as abandoned buildings, without lawful authority and to be of no legal effect. 2. The writ-petitioner-respondent No.1, Anw..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....operty Act, 1882 (IV of 1882) Section 105 A licensee under the lessee of the Government cannot be a lessee under the Government and that lessee can revoke the licence of the licensee at any time…………………(7) Lawyers Involved ......he sought for a declaration that the orders for handing over vacant possession of the disputed stalls, contained in the aforesaid Annexure ‘F and ‘Fl’ have been issued without any lawful authority and are of no legal effect 4. Respondent Nos. 2-5 opposed the Rule Nisi i..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....and strong legislation in their behalf such as the Investment Board Act,1989 (Act No. XVII of 1989) etc. 3. Facts of the case are simple and undisputed. The writ-petitioner-respondent company upon getting necessary approval from the Board of Investment under the aforesaid Act for settin......d judgment the High Court Division upon considering the law and facts of the case declared the orders issued by petitioners No. I and 2 and impugned in the writ petition to have been passed without lawful authority and further that the respondent is entitled to get the disputed machineries relea..Category: Business or Commercial Law | Date: | Hits: 112
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....decision and giving approval to the order of said dismissal and obtained a Rule Nisi. 2. Respondent No. 3, the present petitioner entered appearance and contested the writ petition without filing any affidavit-in-opposition and it was submitted on its behalf that the impugned order of dismissal ......hould be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Section 21 This rule did not empower the Board to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner ..Category: Employment/Service Law | Date: | Hits: 79
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....p; 6. In the meantime, more than 7 years have gone by (since the order of detention) and the context of the case has undergone a considerable change. The detenu is no longer in detention by any order under the Special Powers Act. He has, however, suffered conviction and sentence in severa......disputedly concerns of the state and the government knows best how to preserve them, but the courts concern in a case of preventive detention is to see whether the person is being detained without lawful authority or in an unlawful manner. The authority can never justify an order of preventive d..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....g with the findings of fact arrived at by the Court of Settlement even though the Court of Settlement had not acted without jurisdiction nor made a finding on no evidence nor failed to consider any material evidence nor acted malafide.” 4. Mr. Mahmudul Islam, learned Attorn...... Rule obtained and the High Court Division then by judgment dated 3- 3-1999 made the Rule absolute and declared that the judgment of the Court of Settlement dated 18-8- 1997 has been passed without lawful authority and is of no legal effect and respondent No. 1 of the writ petition was directed t..Category: Property Law | Date: | Hits: 64
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