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Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....rough the said application under section 241A of the Code of Criminal Procedure that the petitioner is entitled to be discharged, in view of the fact that the FIR and the charge sheet do not disclose any offence whatsoever. That application was, however, turned down and the Court below by it’s......duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugning the charge, as framed, the petitioner alleged that the learned Court below acted without lawful authority by framing charge, notwithstanding the Petitioner’s absence from the Court at..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....cer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no5 to issue the impugned order, (3) inductio......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no 5 to issue the impugned order, (3) inducti......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....4 (Act No. V of 2004); Section 32 (1) & (2)
The Anti Corruption Commission Rules, 2007; Rule 15 (2)
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity......ore the Special Judge, Court No.3, Dhaka and the impugned Memo No.C-25/2007 (Tadanta-2)/8386 dated 20.9.2007 issued by respondent No.2 should not be declared to have been initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedin..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ial act is not necessarily becomes retrospective unless it has been given retrospective effect by express terms or necessary intendment. There is no express provision giving retrospective effect of any existing law. Therefore, the Bankruptcy Act, 1997 is not a retrospective legislation but a pros......tion to allow application under section 33(1) of the Bankruptcy Act, 1997 in a pending case and (e) whether the impugned judgment and order passed by the learned Additional District Judge is lawful. Let us take up all the above questions together for answer. 12. To answer al..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....he Guardianship and Wards Act, the appellant being a father is the rightful guardian and also eligible to have the custody of the victim girl. He submitted that the fact that the Children Act defines anyone below the age of 16 to be a child, due to relevant facts of the instant case, the matter of c...... in Ramgonj to study for the H.S.C. Examination. 12. In her further submissions before this Court learned advocate Ms. Syeda Anwara Sattar submitted that according to Hindu Law the husband is the lawful guardian of his minor wife. She also pointed out that according to the Hindu Minority and Gua..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....t November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be given a ......he respondent No. 4 canceling the appointment of the Petitioners without giving any notice for showing cause or any opportunity to be heard should not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
..........Petitioner.
Vs.
The Mayor, Dhaka City Corporation and other.....................Respondents.
Judgment
November 17, 2009.
Result:
The Rule is made absolute without any order as to costs.
Lawyers Involved:
Md. Manzill
Murshid, Advocate - For the Petition......e respondents to show
cause as to why the step of the respondents to construct a new road through the
Azimpur Graveyard by destroying thousands of graves should not be declared
illegal and without lawful authority and/or pass such other order as to this
court may seem fit and proper.
2. The..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....he predecessors of other petitioners and other co-sharers in Settlement Appeal Case No.1 53 and accordingly RS and DP khatian No.53 was prepared though the respondent No.4 did not participate in any proceeding under Rules 28 to 31 of the State Acquisition and Tenancy Act Rules 1955 at the time ......2859 and 3025 of 1999 with a reference to Miscellaneous Case No. 760 of 2002 (Annexure-E, E (1), E(2), E(3), E(4), E(5), E(6) and E(7) should not be declared to have been passed illegally and without lawful authority and why direction should not be issued to send the draft publication of Khatian Nos..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....the writ petitions. 3. The PSC as well as the successful candidates contested the Rules by filing affidavits-in-opposition. The main contention of the PSC is that it reserves the right to select any person from any running process of appointment and that in the case in hand, it recommended the ...... made out. Since no such attempt was made on behalf of the respondents, the recommendations of the PSC, under challenge in the Rules are declared by the High Court Division, to have been made without lawful authority and the Rules were made absolute. 5. The Civil Petition No. 1158 of 2009 and t..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....eived the original version of the Court's order on 15.04.2009 he failed to respond to the Court's direction on the understanding that since he was not a party to the Rule, he was not required to send any explanation. He admitted that since he did not properly read the Court's order, he could not giv......red her to be taken to safe custody. 4. Finding the above sequence of events to be rather disturbing, especially since it appeared to us that the little girl was being held in safe custody without lawful authority while her parents, who were willing and capable of keeping her, were allegedly deni..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....2-2007 i.e. long after the said notice was issued. Therefore, there was no Commission in between 7-2-2007 to 24-2-2007. 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his incom......as no Commission. Mr. Karim pointed out that such notice which in fact, is in the nature of an order can only be issued by the Commission. He asserted that the Secretary of the said Commission had no lawful authority to issue such notice. Mr. Karim drew our attention to section 18 (2) of the said Ac..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
.... engineers had already been granted such promotion on their obtaining degree of BSc Engineering/AMIE. 3. The appellants by filing affidavit-in-opposition stated that writ petitioner did not take any permission from any authority for prosecuting higher studies. Further the appellants claimed tha......-2003 passed in Writ Petition Nos.2977, 2975, 2974, 2976, 2978, 2981, 2984, 2983, 2986, 2987, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any or..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
.... engineers had already been granted such promotion on their obtaining degree of BSc Engineering/AMIE. 3. The appellants by filing affidavit-in-opposition stated that writ petitioner did not take any permission from any authority for prosecuting higher studies. Further the appellants claimed tha......-2003 passed in Writ Petition Nos.2977, 2975, 2974, 2976, 2978, 2981, 2984, 2983, 2986, 2987, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any or..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....tion Employee (Service) Regulations, 1979; Regulation 52(1) Regulation 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However......20-1-2007, 30-10-2007, 14-11-2007, 15-4-2008 and 4-5-2008, 25-4-2007, 18-1-2007, 22-2-2007 and 7-12-2006 under the signature of the Respondents No.3 should not be declared to have been issued without lawful authority and are of no legal effect and/or pass such other or further order or orders as thi..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....rrived, that is, the victim was being removed from the care and custody of his guardian. To find a person guilty under this section, the prosecution must prove that the perpetrator illegally traffics any child or sells any child and with a view to trafficking any child keeps any child under his cust...... not come within the ambit of Ain, 2000, as such, the trial is vitiated. The learned Advocate further submits that, there is contradiction as to the prime question of abduction of the victim from the lawful guardianship of the informant, as the witnesses contradicted in their depositions to this vit..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....e detenu and stated living in a rented house. By mutual agreement, respondent No.1 had regular contact with the detenu, speaking to him daily on the telephone every weekend but did not make any payment towards his maintenance including food or clothing except for the fees for a coaching ce......rs son of Zahida Ahmed (Liza) now detained in the custody of the respondents should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. The facts leading to the issuance of the Rule, in..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....only 14 years of age, and yet the police did not consider his bail as required by section 48 of the Act. They also failed to inform the child’s parents, as required by section 13 and did not inform any Probation Officer, which is a violation of the mandatory requirement of section 50 of the Act. B...... UK to take up the cause of the detenu, who had been illegally transferred from the Youth Development Centre to an adult prison upon attaining the age of 18 years and was being detained there without lawful authority. 5. The petitioner pointed out that there have been serious violations of the p..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....nst the petitioner of corruption and other offences and purportedly obtained approval from the Supreme Court as to initiation of departmental proceeding against the petitioner without actually having any approval from neither the G.A. Committee nor from the full Court of the High Court Division....../2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should not be declared to have been made without lawful authority and to be of no legal effect and/or to pass such other or further order or ord..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....orest, four were selected through examination conducted by the Divisional Selection Committee. He submits that the petitioners are entitled to apply for and compete for the vacant posts, if any and may be employed if they fulfil the required criteria. He submits that the project havin...... why the impugned letter under Memo No.পবম/শা-২/বগ-২/২০০২/৭৯৬ dated 24.7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are releva..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
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