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Displaying 2041-2060 of 2091 results.
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....lleged constituted attorney, challenging the memorandum No. LA Req/89 dated 19 December 1989(Annexure E) and also the inclusion of the property in the list abandoned properties as having been made any lawful authority. 6. Briefly stated, the facts of the case as set out in the writ pet......ed constituted attorney, challenging the memorandum No. LA Req/89 dated 19 December 1989(Annexure E) and also the inclusion of the property in the list abandoned properties as having been made any lawful authority. 6. Briefly stated, the facts of the case as set out in the writ petitio..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....and 10 imprisonment respectively and that against orders appeals of the petitioners were hearing: On 7-5-92 a police force led by respondent No. 2 raided the house and broke open the house without any warrant or notice and entered into the room where those articles were stored thereafter locked ...... measure for a limited purpose of investigation and interferes with the right of a citizen to -be secured in his home against entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey ..Category: Constitutional Law | Date: | Hits: 170
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....19 July 1999 passed by the High Court Division in Writ Petition Nos. 3388 and 3724 of 1998). Judgment Bimalendu Bikash Roy Choudhury J.- Chandra Spinning Mills Ltd. hereinafter called the company took certain project loan from respondent No. 4 Pubali Bank Ltd. The leave petitioners, namely, ......pany did not pay the entire outstanding dues of Pubali Bank within the specified time and that the impugned letter of the Bangladesh Bank could not, therefore, be said to have been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed...Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....he writ petitioner having released the imported goods on payment of assessed duty and having neither preferred an appeal against the order of assessment under section 193 of the Act nor filed any application for refund of the alleged extra duty under section 33 of the Act nor gave any expla......thers 44 DLR (AD) 111 ]. 27. But when a writ petition is filed under sub-article (2) of Article 102 of the Constitution for a direction or for declaring any act or proceeding to be without lawful authority and of no legal effect then the question of exhaustion of other equally efficaciou..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....llip; Respondents Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it ...... The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it lawful or valid……(11) Lawyers Involved: Fazlul Karim, Senior Adv..Category: Others | Date: | Hits: 84
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
.... The General Clauses Act, 1897 (X of 1897), Section 6 The Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of ...... absolved of the charges, was deleted by notification dated 4 March 1993. 5. The appellant challenged the order of his removal which was passed beyond 180 days to have been made without any lawful authority and of no legal effect. 6. The Writ Bench of the High Court Division disc..Category: Employment/Service Law | Date: | Hits: 69
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....t creating to delimitation of the Paurashava in the writ petition and obtained the Rule Nisi upon the respondents as to why the Gazette Notification should not be declared to have been made without any lawful authority and is of no legal effect. 3. Facts giving rise to the writ petition, ......ating to delimitation of the Paurashava in the writ petition and obtained the Rule Nisi upon the respondents as to why the Gazette Notification should not be declared to have been made without any lawful authority and is of no legal effect. 3. Facts giving rise to the writ petition, brie..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....independence of the judiciary, as affirmed and declared by Articles 94(4) and 116A, is one of the basic pillars of the Constitution and cannot be demolished, whittled down, curtailed or diminished in any manner whatsoever, except under the existing provisions of the Constitution…….(57) Lawye......on Bench in the writ petition passed were as follows: (i) The impugned orders dated 28-2-1994 and 1-11-1995, Annexures F & F (1) respectively are declared to have been made and issued without lawful authority and are of no legal effect, being ultra vires the Constitution. (ii) It is clea..Category: Constitutional Law | Date: | Hits: 829
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....pur, Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer orders are without any lawful authority. 3. Positive case of the respondents as set up in the affidavit-in-op...... Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer orders are without any lawful authority. 3. Positive case of the respondents as set up in the affidavit-in-opposi..Category: Employment/Service Law | Date: | Hits: 90
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....cer could not prepare the result sheet and the Returning Officer in his report dated 30-12-97 (Annexure E) informed the District Election Officer that the presiding officer did not forward to him any result of the poll of the aforesaid polling station and, as such, the learned Judges of High ......ce with rules and as such the learned Judges of the High Court Division have committed an error of law in declaring that the impugned Annexure E and F of the Writ Petition were issued without any lawful authority. The learned Advocate lastly submitted that it is a settled principle of law th..Category: Election Law | Date: | Hits: 110
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
.... Bangladesh, 1972, Article 103 The Dhaka University Order, 1973 (President’s Order No. II of 1973), Article 52 A discretion once exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative effi...... forwarded to the respondent by the Registrar on 5-2-94 (Annexure-G to the writ petition). The respondent challenged in the writ petition this Annexure-G to have been adopted and circulated without lawful authority and to be of no legal effect and also for a direction upon the respondents to can..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....re allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely arbitrary discretion in determining tariff value. It must f......tained from reliable and relevant materials. We, therefore, allow the appeals and declare that the impugned orders dated 23-10-96 and the impugned notifications dated 18-9-96 have been issued without lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowe..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
.... 1982), briefly, the Ordinance since 24-12-84. The respondent has deposited with the Government a security amounting to Taka 5 lakh. The respondent recruited 223 workers for Al-Nuri Establishment Company of Saudi Arabia in respect of whom the Government in the Ministry of Labour and Manpower, appell......lourable exercise of power, he alleged. 4. The appellant-Government filed an affidavit-in-opposition denying the allegations of the respondent and asserting generally that the impugned orders were lawfully passed under the Ordinance. 5. It appears that in the High Court Division, the responden..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....fore the Administrative Tribunal on various dates. 5. Of the 4 petitioners before us only the petitioner in CP No. 137 of 1996 served a legal notice upon the respondents, but did not submit any representation to the authorities, but the other petitioners before us submitted both represent......n No. 66 of 1976 in the High Court Division seeking for a direction that the said proposal for recruitment without reservation for the promotees and direct recruits in the ratio of 2:1 was without lawful authority and of no legal effect and also praying for a direction upon the respondents to co..Category: Administrative Law | Date: | Hits: 159
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....trial Judge found that 37 accused persons were absconding and the Court issued warrant of arrest, proclamation and attachment of the absentee accused persons but none of them appeared in court nor any one of them could be apprehended. Thus, the learned Tribunal Judge found that the filing of the......thdrawal under section 494 of the Code of Criminal Procedure. Apart from this the Tribunal after recording proper reasons have refused to accord consent for withdrawal of the case and, as such, no lawful grievance can be made on the merit as well. The petition is dismissed and the stay or..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....as a monthly tenant on 15-4-74 While in possession Md. Sayed was dispossessed by 1 the Government and the disputed building was leased out to one Abdul Hakim Sarder, an employee of an Insurance Company. Respondent No. 1 submitted various representations to the Government and finally filed the ca......No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Official Gazette dated 23-9-86 to be without lawful authority after setting aside the judgment and order passed by the Court of Settlement on 22..Category: Property Law | Date: | Hits: 89
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... or by Special Tribunal No. 3 for appearance of the appellant or upon the sureties for production of the appellant. 3. At the trial the prosecution examined 6 witnesses and in the absence of any defence no defence witness was examined. The Special Tribunal No. 3, Noakhali by its judgment a...... said writ petition not having availed of it cannot obtain any relief under Article 102 of the Constitution on the bets of the said case. The High Court Division also held that there was no want of lawful authority in passing the impugned judgement by the Special tribunal concerned. Therefore, th..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....s where after he was informed on 7-9-89 that his prayer had been rejected by the Board. The appellant then filed case No. 27 of 1989 on 29-1-89 before the Administrative Tribunal. Dhaka, claiming as many as nine reliefs mainly concerning his arrear pay, etc. from 16-2-79 to 13-8-86, scale of pay, pr......f Title Suit No. 72 of 1984. In the plaint the appellant prayed for a declaration that the orders dated 16-2-79 and 21-12-81 are void, illegal, without jurisdiction, malafide, inoperative and without lawful authority and that the plaintiff (appellant) is still in service in the eye of law. In the ju..Category: Administrative Law | Date: | Hits: 131
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....detenu Abdul Wahab, younger brother of the husband of the writ petitioner. 2. It was alleged in the writ petition that the detenu is a small businessman aged about 28 years, unattached with any political party. He was arrested by the police on 31-1-95 in connection with Motijheel PS Case ......ng, that the respondents did not file any affidavit-in-opposition in the case and thereby the detaining authority failed to satisfy the Court that the further detention of the detenu was legal and lawful. It was further urged that the grounds served on the detenu were vague and lacked in materia..Category: Criminal Law | Date: | Hits: 99
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....e writ-petitioner contended that respondent No. 3 had no legal authority to pass the impugned orders contained in the aforesaid Annexures-E,M,J and K and that Annexure “L” was also issued without any lawful authority inasmuch as the Managing Committee of the School had never forwarded any recomm......orting to extend the petitioner’s service for two years as the Head master of Hammadia High School, situated within thana Kotwali, District Dhaka, with effect from 1.9.95, to have been made without lawful authority and to be of no legal effect and directing further the respondents of the writ peti..Category: Constitutional Law | Date: | Hits: 163
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