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Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....and 17.11.2008 passed by us. The learned Advocate also submitted that on 24.11.2008, an application for stay was moved before the learned Chamber Judge of the Appellate Division, who, without passing any interim order, posted the matter for hearing before the full Court on 6.1.2009. Therefore, the l......mad Joynal Abedin, now being detained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful authority or in an unlawful manner. 2. Later, on an application filed by the petitioners..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....ion has no manner of application in the instant facts and circumstances of the case. 12. Accordingly, the impugned Memo dated 2-7-1989 has been declared to have been issued illegally and without any lawful authority and of no legal effect. The appellants are entitled to the refund of their......ed to the respective port users and the provision of the "applicability of the limitation has not been mentioned in the said circular. It appears that the realized amount is a deposit and in the lawful custody of the Port Authority and, as such, the question of limitation relating to refund und..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....inistry of Law……………………………Respondents Judgment December 4, 2008. Result: The Rule is discharged without any order as to cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 ......th Rule 15 of the Emergency Power Rules, 2007 corresponding to ACC GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brie..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....Advocate with Ramzan Ali Sikder and Abdullah Mahmood Hasan, Advocates- For the Petitioners. Dr. M. Zahir, Senior Advocate with Shah Muhammad Ezaz Rahman, Advocate-For the Respondents. Company Matter No. 40 of 1994. Judgment Syed Refaat Ahmed J.- This Application as filed in 1...... collectively operating as the Board of Directors in this case, the Respondent No. 3 and the General Manager (Finance)-cum-Company Secretary are contended to have consequentially so acted without any lawful authority as to lead to the unavoidable legal consequence of the failure of the defence case...Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed by the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. Result: The Rules are discharged without any order as to cost. Interpretation of statute A statute has to be interpreted in its lit......Election Commission, Sonar Bangla Samabai Cotton Mills Ltd. canceling the nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The facts necessary for the disposal of the Rul..Category: Others | Date: 27 Nov, 2008 | Hits: 4
....ানমালা প্রণয়নের ক্ষমতা প্রদান করা হইয়াছে। (২) উপ-ধারা নিুরূপঃ
“(2)Notwithstanding anything contained in sub-section (1), the Council shall make regulations which may provide for &nda......ciate Professor as advertised in the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental righ..
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....mently argues that the provision of section 8 of the Bangladesh Rifles (Special Provisions) Ordinance 1976, being the provision for dismissal simpliciter, the BDR authority was empowered to discharge any of its employee, without assigning any reason which clearly indicates that the same power can be......d the order dated 31-10-2001, disclosed in Annexure-F discharging and affirming such discharge of the petitioner from the Service of Bangladesh Rifles should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order/orders as to this..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....রবিধানমালা প্রণয়নের ক্ষমতা প্রদান করা হইয়াছে।(২) উপ-ধারা নিুরূপঃ “(2)Notwithstanding anything contained in sub-section (1), the Council shall make regulations which may provide for – ......ciate Professor as advertised in the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental righ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....e two fold arguments. Firstly, the learned Judge of the Adalat without complying with the mandatory provisions of law prescribed in section 12 (6) of the Ain 2003 decreed the suit ex parte without any lawful authority. Secondly, without due compliance of the provisions of section 33 of the Ain 2......tho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....etitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondents
Judgment
November 9, 2008.
Result:
The Rule is made absolute without any order as to cost.
Cases Referred to-
Abdur Razzaque Zoarder Vs. Government of Bangla......irected against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no legal effect and why a direction should not he given upon them to cons..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the ...... by the learned Judge of the Artha Rin Adalat No. 1, Rajbari, in Artha Rin Execution Case No. 13 of 2005 arising out of Artha Rin Suit No. 45 of 2004, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... under section 54 of the CrPC. On behalf of the detenu several applications for bail were moved before the Magistrate, 1st Class, Noakhali but those applications were rejected without assigning any reason. The detenu filed Miscellaneous Case No.499 of 2006 before this Court under section 498 o......n, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail 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 b..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....t-in-opposition controverting all the material allegations made in the Writ Petition. The case of this respondent, in short, is that all news items regarding the sept-up-let are extorted news without any basis. At the behest of the petitioner and added respondent No. 5, the baseless stories were pub......o date, DNA test could not be performed and there was news item that the office of respondent No. 2-3 was providing support to respondent No. 4. The petitioner believed that the children were being unlawfully detained by respondent No. 4 for unlawful gain. The petitioner apprehended that respondent ..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....of the Joint Stock Companies and jurisdiction of the High Court Division
Section 193 of the Companies Act, 1994 has not been articulated as a provision,
which comes under the ambit of the Company Bench of the High Court Division of
Bangladesh Supreme Court as provided in section 2(d) of the......k Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be declared to have been issued without lawful authority and is of
no legal effect and why a direction should not be given to the responden..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....h the recommendation of the Commission. If the President disagrees with the recommendation of the Commission, he would send said recommendation to the Commission for reconsideration. After receipt of any such request from the President for reconsideration, the Commission shall speedily reconsider an......is required by law to do or declare any act or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken, without lawful authority and is of no legal effect. This Division is also empowered to strike down any law o..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....cy Powers Rules,2007. 4. The accused-appellant filed an application for bail stating, inter alia, that he is innocent and he has been falsely implicated in the case, as he has not acquired any property through improper means disproportionate to his known source of income; that he had not......) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confiscated the properties acquired through improper means, disproportionate to lawful source of income in the name of the appellant and both the sentences shall run consecutive..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....lute and declaring order dated 27.08.2003 made by the respondent No.2 (Assistant Administrator) appointing the petitioner as Mutwalli of Khairuddin Kazi Wakf Estate, Dhaka to have been made without any lawful authority and of no legal effect. 2. Late Kazi Khairuddin and his son Badruzza...... and declaring order dated 27.08.2003 made by the respondent No.2 (Assistant Administrator) appointing the petitioner as Mutwalli of Khairuddin Kazi Wakf Estate, Dhaka to have been made without any lawful authority and of no legal effect. 2. Late Kazi Khairuddin and his son Badruzzahedi..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
...." to the writ petition passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public Company Ltd by shares and is engaged in the business of banking as per law of the land having its re......ioner-bank and in passing the impugned ex parts judgment and decree against the writ petitioner-bank and, as such, the impugned ex parte decree, so far it relates to the petitioner-bank, is without lawful authority and is of no legal effect. 8. Thirdly, he submits that admittedly the petitio..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....e No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under the said section has been made subject to the ......e was a palpable illegality which the learned District Judge, Dhaka, correctly appreciated and accordingly stayed the said order at the initiation of the Family Appeal No.32 of 2008 which, being lawful, can not be interfered with by this Court. 24. The learned Senior Counsel Mr. M. Amirul ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....ioner Vs. Second Labor Court ……………………..........................................Respondents Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 5......ing upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the case is, that the petitio..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
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