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....ducation dated September 24, 1986 and January 12, 1986, contained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino ......tion dated September 24, 1986 and January 12, 1986, contained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni..
Category: Employment/Service Law | Date: | Hits: 95
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....994. 2. Facts giving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undert......espondent Nos. 1 and 2 then approached the High Court Division with the aforementioned Writ Petition No. 64 of 1994 praying for a declaration that the order of the Land Appeal Board was without any lawful authority and obtained a Rule Nisi thereupon. The petitioners resisted the writ petition by..Category: Property Law | Date: | Hits: 72
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....ft the country. Defendant No. 2 thereafter leased out the premises to the plaintiff in June, 1967 at a monthly rental of Taka 50.00. The plaintiff paid rent upto the middle of 1975 but did not pay any further rent thereafter. Defendant No. 2 was therefore constrained to submit a petition to......in the affirmative and decreed the suit. It came to the findings that defendant No. 1 had no saleable interest in the suit land and so the possession of the plaintiff could not be construed as lawful, that the plaintiff had been in possession of the suit land since 1963 asserting his owners..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....S then the respondent would get back the land and that in case of failure of the respondent to repay the consideration money within the stipulated period he would have no right to claim the land or anything from the appellant. It is the of the appellant that respondent No. 4 could not upto the sa......early without jurisdiction. In view of the discussion above, the appeal is allowed and the impugned order dated 10-5-1992 passed by respondent No. 1 is declared to have been passed without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....nation paper on 7-12-91 suppressing the fact of his disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no lawful authority in holding the office of Chair...... disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no lawful authority in holding the office of Chairman of the said Union Parishad and he is liable to b..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....of court. 4. Leave was granted to consider whether Informant Mukhlesur Rahman deposing as PW I in the GR Case was a mere witness and whether only one of the victims of the incident had any locus standi to represent the State and depose that he would not prosecute the case or adduce ......bout 7-00 AM the informant with a view to purchasing ration articles for his shop came out of his house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful assembly attacked him and snatched away the money. At that time the accused-respondents als..Category: Criminal Law | Date: | Hits: 68
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....rvade and extend to the entire population and territory: Per Mustafa Kamal J delivering The Full Court Judgment………. (44) Article 102 “Any person aggrieved”—interpreting the words “any person aggrieved” meaning only and exclusively individuals and excluding the consideration of ......nce of a Rule Nisi upon the respondents to show cause as to why all the activities and implementation of FAP-20 undertaken in the District of Tangail should not be declared to have been taken without lawful ‘authority and to be of no legal effect. 20. The cause which the appellant espoused in t..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......on 4(2) of the Administrative Tribunals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the disciplinary proceeding against him was not lawful and that he was not given proper opportunity to defend himself in the proceeding and thereby..Category: Administrative Law | Date: | Hits: 133
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ellip;………….Respondents Judgment January 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, in......rvice discipline or contrary to any provision of the Government Servants (Conduct) Rules, 1979, or unbecoming of an officer or gentleman and includes— (i) disobedience to lawful orders of superior officers. (ii) gross negligence of duty. (ii) flouting of Go..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... two writ petitions, making the Rules absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under section 10A of the Public Demands Recovery Act, 1913 are passed without any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterpri...... writ petitions, making the Rules absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under section 10A of the Public Demands Recovery Act, 1913 are passed without any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises ..Category: Business or Commercial Law | Date: | Hits: 150
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....;…….(22) (ii) the High Court Division clearly acted without jurisdiction in passing the order as to salary, increment, promotion, etc. It was a gratuitous order not covered by any law nor justified in the facts of the case…………….(24) (......case, Md. Abdul Baten vs. The Principal Secretary, Writ Petition No. 1616 of 1990, in which a similar order passed by the Chief Martial Law Administrator was declared to have been made without any lawful authority. 18. It will not be necessary for the purpose of this case to enter ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....ays Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this will plainly offend section 23 of the Contract Act&he......ot the proper authority for transferring the acquired land as per law. The proposal of the plaintiffs ought to have been accepted by the Government of Bangladesh. The Railway Administration had no lawful power or authority whatsoever to enter into such contract. The learned Subordinate Judge fur..Category: Administrative Law | Date: | Hits: 130
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ntiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judge, Barisal for a declaration that the said order was void, illegal and without lawful authority with the averments, inter alia, that the suit land belonged to Haji Faser Ali Waqf ..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....sessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complying with the provisions of section 43(2). Even if there be any defect in the preparation and publication of the compensation assessment-roll by itself shall n....... Since the petitioner did not get any relief he filed the above-mentioned writ petition in the High Court Division to have the said order of respondent No.2 declared to have been made without any lawful authority. 5. It was contended before the High Court Division that no compensation as..Category: Property Law | Date: | Hits: 90
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... all behind a customs claim. It does not serve public purpose to permit the customs authorities to realise all they claim before they release the goods. We do not see why the Customs should be paid any sum in advance before release of the goods if the claimed amount has prima facie no sanction of........the computation, assessment and imposition of duties and taxes on the Yellow Book Value of the imported vehicles ignoring the invoice price of the petitioner’s imported goods is without lawful authority and is of no legal effect the impugned computation, assessment and imposition of ..Category: Criminal Law | Date: | Hits: 119
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....as dismissed. He then took an appeal to the High Court Division which allowed the appeal and decreed the suit. The Cantonment Board, Dhaka preferred a petition for leave to appeal therefrom without any success. The Appellate Division allowed three months’ time for restoration of possession......in respect the house as required by section 73 of the Cantonment Act, 1924; Sayeda Rahat Ara Quam Nahar challenged the order of the said Board in Writ Petition No.3951 of 1992 as being without any lawful authority. She also prayed for a direction mutation of her name in respect of the house in q..Category: Property Law | Date: | Hits: 74
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....and took them to their respective warehouses. After 25 days of taking delivery of the shrimps the buyers directly lodged complaints to the Export Promotion Bureau, briefly the EPB, without raising any objection to the writ petitioners as to the quality and size of the shrimps. The EPB thereafter......n in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Exp..Category: Business or Commercial Law | Date: | Hits: 117
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....ong Hia Prue was the Chief of the Bohmong Circle of Chittagong Hill Tracts from 1727-1811. Henceforth all the Chiefs of Bohmong Circle had been living in the Hill Tracts and thereafter there were as many as nine Bobmong Chiefs who succeeded each after the other. The last Chief Bohmongree Mong Shaw P......tion. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities o..Category: Civil Law | Date: | Hits: 203
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....h 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not earn any disqualification for such custody and there is a breach of this normal order brought about by an...... 4 writ petitions under Article 102(2) (b)(i) of the Constitution of the People’s Republic of Bangladesh alleging that the said children were being held in custody by the father Abdul Jalil without lawful authority and/or in an unlawful manner and further seeking an order for the custody of those ..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....marks for interview) without publication in the official Gazette cannot be treated as guideline and it was not an executive action in terms of Article 55 (4) of the Constitution and in the absence of any guideline (for promotion) the authorities are vested with arbitrary powers, offending Articles 2......dul Haque, J concurred with the view. 14. The Special Bench therefore found the Bangladesh Public Service Commission (Consulation) Regulations 1979 to be intra vires the Constitution and therefore lawful. 15. Before this Division Mr. Amirul Islam submits that the learned Judges of the Special ..Category: Constitutional Law | Date: | Hits: 185
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