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Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....;………….Respondents Judgment June 3, 2007. Result: The Rule is discharged. Evidentiary value of Photostat documents Photostat documents without any authentication have no evidentiary value under the Evidence Act and as such the Court cannot rel......ts to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1095-96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect. 2. The petitioner challenged the legality and valid..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....t the defendants having had filed to get the suit land redeemed within 10 years from 16-11-59 the transaction was a passed and closed transaction and the CO (Revenue) had no jurisdiction to entertain any proceeding under the President's Order No.88 Of 1972 for redemption of mortgage. He submitte......laneous Case No.50.82-83 and the order in question dated 16.3 1983 passed by the defendant No.5 in the said Miscellaneous Case was a void and illegal order and that was passed without having any lawful authority. 26. Now, let us discuss the question of possession. On perusal of the record,..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
.... Works………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Se......ade absolute without any order as to cost. The impugned judgment and order dated 29-5-1997 (Annexure-A) passed by the First Court of Settlement, Dhaka, is hereby declared to have been made without lawful authority and is of no legal effect. The order of stay granted earlier by this Court s..Category: Property Law | Date: 6 May, 2007 | Hits: 5
....e decretal dues cannot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Referred to-
Dr. M.O. Ghani......nnot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Referred to-
Dr. M.O. Ghani Vs. Dr. A.N.M. Ma..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ated appeal under Rule 31 of Tenancy Rules. He further submits that appeal does not lie against the decision of Revenue Officer passed under Rule 31 of the Tenancy Rules 1955 (appellate order). If any person aggrieved by the decision passed in Rule 31 of the Tenancy Rules 1955. Aggrieved parties......nt No.5 fixing date of reÂhearing of Settlement Appeal Case No.1480 of 1999 again on 22.04.2002 as contained in Annexure-'D' (wrongly typed as H) should not be declared to have been issued without lawful authority and is of no legal effect and as to why direction should not be given upon the res..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....een passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is engaged in the business of manufacturing jut.......11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
.... of Mokshoda Bala Dasaya (deceased), wife of Fekuram Hazra from the Court of the District Judge, Rajshahi, on the 2nd February, 1974 as per proceeding in Misc. Case No.58 of 1972 without serving any notice to the petitioner and other interested persons; that the proceedings of the Miscella......r has conferred Shishubala Roy all powers including powers of conducting all legal proceedings regarding the property contained in the will. As such the petition for revocation is filed by him by his lawful constituted attorney, Shishubala Roy. It is further stated that the probate being obtained fr..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
....d other documents related to the export were discrepant and hence claim of export was not accepted by the Customs authority.
8. The learned Assistant Attorney General could not however make any comment on the Certificate issued by the Sonali Bank as evidenced by Annexure-F-1.
9. ......Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority and of no legal effect.
2. The Respondent No.1 entered appearance by..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ed Special Judge passed order No.121 dated 4-3-2001 stating that at the time of passing the Order No.118 dated 28-2-2001 under section 69 of the Penal Code the learned Public Prosecutor did not raise any objection rather he has supported the contention of the respondent No.4 for his release from jai......an offence under Anti-Corruption Laws being not the same so section 69 of the Penal Code is not applicable and, as such, dealing with the respondent No.4 under section 69 of the Penal Code is without lawful authority. 8. Being aggrieved by the inaction of the respondents to perform statutory publ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....
An agency relationship
will arise from an agreement particularly from a contract, the express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the re......of any proceeding against them
as reÂported in the English Daily 'Financial ExÂpress' in their 19th January
2001 issue (Annexure-F) should not be declared to have been held and initiated
without lawful authority and to be of no legal effect and or such other or
further order or orders passed a..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....) 143; Al-haj Abul Basher Vs. Bangladesh and others, 50 DLR (AD) 11; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury and others, 22 BLD (AD) 199; Bangladesh Tobacco Company Limited and another Vs. Md. Azizul Huq and another, 22 BLD (AD) 184; Secretary, Internal Resou......ause as to why the aforesaid decision and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....¨à¥¤ (৩) ..................................................................... 4. In view of the Regulations quoted above it is clear that the impugned order of suspension was not made by any competent authority nor it was followed by a departmental proceeding against the petitioner......ow cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....i-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Daman Ain, 2000 as amended. The complainant appellan......r the complainant appellant submits that the impugned order of dismissing the complaint petition under section 27 of Nari-O-Shishu Nirjatan Daman Ain, 2000 was without jurisdiction as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....atisfaction of the Court that the complainant requesting the police to record the case became unsuccessful. But in the instant case the Court without recording satisfaction in that regard and without any material as to such satisfaction took cognizance of the offence. The complainant in his initial ......er the victim was minor, that is below 16 years, at the relevant time. If it is found that she at the relevant time was below 16 years, in that case the act of taking her away from the custody of her lawful guardian, that is her father, without his consent would come under the mischief of an offence..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
....be cancelled and set aside and for declaration that the plaintiff be deemed to
be in her service and also for permanent injunction against the defendants
restraining them from giving appointment to any body to her post.
3. Facts of the case of the plaintiff,
in short, inter alia, are that on......ining order of her dismissal to her
surprise. The order of her dismissal having been passed illegally without
service of any show cause notice, giving her any opportunity of being heard and
beyond lawful authority and in violation of Rules and Regulations of
Non-Government Intermediate ColÂlege..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....sioner, Cox's Bazar (respondent No.2) vide his Memo dated 28.7.2002 (Annexure-C) directed the petitioner to hand over the management of the said Bus Terminal to the Zila Parishad, Cox's Bazar without any delay. Thereafter, the petitioner on taking time from the respondent No.2 resorted to evading ta......, Cox's Bazar Pourashava to hand over the management of the Cox's Bazar Pourashava Central Bus Terminal to the Cox's Bazar Zila Parishad should not be declared to have been issued/passed/made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....tively to the writ petition). 2. The petitioner moved the High Court Division under Article 102 of the Constitution impugning the aforesaid Memos stating, inter alia, that the petitioner is a company incorporaÂted under the Companies Act, 1994. On 22-11-1998, the Ministry of Posts and Telecommu......to give monopoly but in the instant case the clause not being severable of the rest of the agreement, the contract cannot survive inasmuch as the competent authority at the time having entered into a lawful agreement with the petitioner along with the said clause as to ‘co-exclusiveness’ which i..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....urement of
Deck Mounted 360 steerable Outboard Propulsion Unit PowÂered by 200-220 BHP
Marine Diesel Engine with Remote Control for Utility Type-II(Imp.) Ferries of RHD,
under "ADP" allocation or any allocation given by the proper
authority during the year 2004-2005.
2. The petitioner is a......esponÂdents with regard to International Tender No.2 of 2004-2005 dated
9.12.2004 is required to be set aside. He further submits that the reÂspondents
acted illegally, improperly and without any lawful authority by approving the
recommendation/ decision of the Tender Evaluation Committee altho..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....debpur Cantonment was shifted to Rajendrapur, and the cantonment authority restored the possession of the aforesaid land to the Deputy Commissioner, Dhaka by order dated 20‑6‑1979 without serving any notice either under section 5(1a) or 5(3) of the Emergency Requisition of Property Act 1948. It ......nd 645 of Mouza Joydebpur under Joydebpur Police Station in the District of then Dhaka at present Gazipur vide LA Case No.62 of 1969‑69 (Annexure-A) should not be declared to have been made without lawful authority and is of no legal effect.
2. The relevant fact for the purpose of disposal of..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....re nominated, this body will have no accountability to the villagers, whom they sought to represent, that this is a body corporate created by an Act of Parliament, with definite functions but without any accountability. 3. This Rule was opposed on behalf of the respondent No.3, Secretary, Ministr......of 2003), in particular Section 3 and 4(4) thereof, should not be declared void as being inconsistent with the Constitution and in particular Articles 7,9,11,27,28,59 and 60, as being enacted without lawful authority and of no legal effect. 2. In this petition constitutional and consequent legali..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
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