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State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....osecution witnesses. The High Court Division rightly found that it was unsafe to go against the accused persons on the uncorroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: ......atun, accused-respondent No. 3, who was divorced by him prior to his death and thereafter she married Md. Raihan Ali Khandker, accused respondent No. 1. Said Rashida Khatun claiming herself to be the lawful wife of Mojahar Ali Mollah claimed the said property left behind by Mojahar Ali and on 11-10-..Category: Procedural Law | Date: | Hits: 120
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....cle 102 The Emergency Requisition of Property Act, 1948 (XIII of 1948), Sections 3 & 5 Inter ministerial communication are merely policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitioner who is seeking fo......dy received 90% of their compensation and only 10% remains to be paid. The Ministry of Land has never issued any order for release of the land of the petitioners. Consequently, the petitioners cannot lawfully claim for release of the land in question. 4. Mr. Abdur Razzaq, learned Advocate appeari..Category: Property Law | Date: | Hits: 81
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....and thus the order was violative of rule 4(6) of the Rules of 1986 which provides that no authority subordinate to that by which a Government servant was appointed shall be competent to impose on him any major penalty. On behalf of the appellant it was not disputed that the Parishad was the appointi......angladesh Shilpakala Academy under Memo No. বাশি এ/বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the ..Category: Employment/Service Law | Date: | Hits: 145
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....mo dated 27 October, 1998 canceling the result of B.Sc. (Honours) and M.Sc. examination the High Court Division was in error in making direction to publish the result of the respondent without giving any decision as to the legality of the order of cancellation of the results of the aforesaid ex......eyond the pleadings and the impugned order dated 27th October, 1998, that the learned Judges of the High Court Division were in serious error in declaring withholding of result of the petitioner as unlawful, since none of the order impugned in the writ petition shows that result of the petitioner wa..Category: Constitutional Law | Date: | Hits: 154
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....en Chowdhury, learned Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evidence, oral or documentary whatsoever, to prove that respondent No. 1 was in the permane......spondent acted as local agent engaged as a daily rated employee. The learned Counsel lastly submitted that he High Court Division was wrong in not declaring the impugned judgment (Annexure-H) without lawful authority on the ground that the Labour Court has made out a third case holding that the firs..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....of no legal effect and directing the appellants to accord permission to the respondent (writ petitioner) to import 500 tons of duplex board as packing materials and to re export the same subject to any restrictions imposed by law. 2. Respondent filed the writ petition stating, inter alia, that......nt and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C of the Writ petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio..Category: Fiscal/Taxation Law | Date: | Hits: 130
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....strative Tribunal Case No. 344 of 1998 before the Administrative Tribunal, Dhaka seeking the following relief's: "a) To issue a direction on the respondents No. 1 and 2 to refrain from granting any promotion to the respondents from ASP's to the Post of Additional S. P. b) Stay operation of ......Nisi calling upon the respondents No. 1-3 to show cause as to why their actions relating to further promotion of the officers mentioned in Annexure B should not be declared to have been taken without lawful authority and to be unconstitutional and violative of the petitioner's fundamental rights gua..Category: Administrative Law | Date: | Hits: 152
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....the BADC Service Regulation, 1990 was no longer in force because of the amendment of the model service Regulation' made on 24.9.1991 by the Government that the writ-petitioner is not entitled to any pension and other retirement benefits in view of the provision of Section 10 of the&......igh Court Division issued the Rule calling upon the writ-Respondents to show cause by the Memo, dated 5.12.1996 canceling the LPR of the writ-petitioner should not be decked to have been made without lawful authority and as to why the writ-Respondents should not be directed to pay LPR benefit, provi..Category: Employment/Service Law | Date: | Hits: 109
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
.... and others. 3. The Administrative Appellate Tribunal allowed the appellant's aforesaid appeal on 24.6.1996 to the, following effect: "The appeal is accordingly allowed on contest but without any order as to cost. The impugned judgment and order dated 12.12.1995 passed by the Administrative ......oner, his case was considered. In that view of the matter the notification Annexure-H so far as it relates to the appointment of respondent Nos. 3 to 7 are concerned is held to have been made without lawful authority in view of the fact that those persons were junior to the petitioner and the case o..Category: Administrative Law | Date: | Hits: 162
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3. It was the contention of the writ-petitioner that he being a permanent Education Officer the City Corporation under the law was not authorized to dismiss him without initiating proceeding, if any, could be initiated in the background of any allegation and also without hearing him. It was als......sued by the Secretary of the City Corporation who is not vested with the power to exercise executive power of the City Corporation, that the order of dismissal was malafide, arbitrary and without any lawful authority.
6. The learned Counsel for the petitioners has submitted that the order of dis..
Category: Employment/Service Law | Date: | Hits: 96
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....and her whereabouts being unknown at the relevant time the property has been treated as abandoned property and that though the petitioners claimed to have purchased the property but could not produce any original documents nor the admitted owner Mrs. Jainab Khatun was produced before the Court of Se......e 28.02.1972, the date on which the P.O. 16 of 1972 came into force and that the High Court Division committed error of law in not considering that the petitioners based their claim on the basis of a lawful agreement for sale of the property and pursuant to an authority given by admitted owner Mrs. ..Category: Property Law | Date: | Hits: 74
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