Search Options
Judgment Advanced Search
Displaying 341-360 of 2091 results.
....
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any other law. A person in the service of the Republic who intends to invoke fundamental, right for ......of departmental proceeding started against. the petitioner vide annexure-D by passing final order within 2 months and as to why the said proceeding should not be declared to have been started without lawful authority and is of no legal effect and the subsequent Rule in Writ Petition No.4585 of 1997 ..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....mmissioner, Panchagorh) is neither a Member nor the Chairman of the Managing Committee of the Madrasha and he has no connection with the management of the said Madrasha and also in the appointment of any teachers and cancellation of their appointment and that being so, the impugned order of cancelli......ce with law. Any action taken by the Deputy Commissioner who has no role to play in the management and administration of the Madrasha where it is situated outside the district headquarters is without lawful authority.....................(8) Cases Referred to- M/S Jubiles Syndicate Vs. Coll..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....earn in the last part of 1995 that the settlement in favour of their vendor Mofizuddin had been cancelled in Miscellaneous Case No.7(XIII) 1991‑92 on 22‑2‑1992 at their back without giving them any notice; that the plaintiff petitioners have been in right, title and possession of the case land......an 1.03 acres of land as shown in his application in LA Case No.9/88(XII)‑1970‑71, the order of cancellation of settlement of a permanent tenancy on 22‑2‑1992 was illegal, invalid and without lawful authority. He again submitted that the Courts below also committed illegality in not consider..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....04, 8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by and on behalf of respondent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence ......8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by and on behalf of respondent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
.... of the contract. They also got delivery of possession of the case property through the Court as a mere formality and symbolically. Article 9 read with Article 10 of PO No.16 of 1972 contemplate that any allotment, lease or agreement granted or entered into before the 25th March, 1971 is binding upo......dhury J.- This Rule Nisi was issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the respondent No.1 should not be declared to be without lawful authority and of no legal effect. Further, Rule was issued upon the respondent No.2 to show c..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....ere not known and consequent thereupon as the oral gift said to have been made by Sahera Khatun to her daughter Anwari Khatun cannot be considered as genuine and that as Anwari Khatun did not acquire any right, title and interest in the property in question from Sahera Khatun, as such respondent No.......igh Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the 'Kha' list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Governmen..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....the fundamental rights guaranteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The material facts as stated in the writ petition are that the petitioner No.1 is a private limited company incorporated under the Companies Act, 1994. The Company was incorporated with the object, inter ......alling upon the respondents to show cause as to why the impugned memo No. Rajuk/Na Aa Aa/2C-85/2202/599/Stha: dated 17‑11‑2002 (Annexure-A) should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to give fo..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....fore the PSC and accordingly the PSC by the letter dated 22.9.86 (vide Annexure—F) requested the Ministry of Communications to obtain an undertaking from the ad hoc appointees who did not fail at any interview before the PSC. The writ petitioners gave undertakings that they did not fail at any......1-79 at serial Nos. 115 of 1983 therein (Annexure—'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner-respondents unconstitutional, void and without lawful authority and further directing the writ respondent nos. 1-10 to follow the final gradation..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
....its acquisition
under section 5 of the Act is without lawful authority and is of no legal
effect. Thereafter several representations were given to the respondent Nos. 1
and 2 but they did not take any steps whatsoever for handing over the vacant
possession of land and building in question. On 23......petition for sale of two
storied old building of New Govt. Girls High School at 2, K.P. Ghosh Street,
Armanitola, Dhaka issued by respondent No.5 should not be declared to have
been issued without lawful authority and is of no legal effect.
2. The case of the
petitioners, briefly, be put th..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....e was issued as to why the order communicated vide Memo No.রাজউক/নঅঅ-১/অসি-252/04/04-50 dated 4‑1‑2005, requiring the petitioner to remove the building constructed without any approved plan, evidenced by Annexure‑F to the writ petition, should not be declared to be with......4/04-50 dated 4‑1‑2005, requiring the petitioner to remove the building constructed without any approved plan, evidenced by Annexure‑F to the writ petition, should not be declared to be without lawful authority, on the assertions of the writ petitioner that the building has been constructed as..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
.... was further held that the respondent had proved before the Court of Settlement by the oral gift etc. that the case properties were not abandoned properties. The Government-petitioners did not prefer any appeal against the judgment and order of the High Court Division and any notification dated 24.0......ively in the High Court Division in Dhaka. 4. By judgment and order dated 30.07.1992 the High Court Division declared the enlistment of the case properties in the 'Ka' list as illegal and without lawful authority. It was further held that the respondent had proved before the Court of Settlement ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....g the Rule. 2. The petitioner challenged the impugned provisions of section 2(Kha) and 10(Ga) of the Narcotics Control Act, 1990 and 3(Ka) and 3(Kha) of the Second Schedule to the said Act and/or any other section of the Act should not be declared to be unconstitutional and void to the extent to......nance, 1982 as well as the Rules framed under the Drugs Control Act, 1940 could coexist and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....strict. Necessary documents were annexed to the application. Considering the prayer of the petitioner, the competent authority published a gazette notification on 10‑7‑1997 inviting objection, if any, regarding the appointment of the petitioner as Notary Public within 14 days of the Publication ......petition and in view of the fact that the respondents have not controverted the allegation made in the writ petition, the impugned Memo dated 17‑12‑2003 (Annexure-1) is declared to be without any lawful authority and of no legal effect. In the result, the Rule is made absolute. The responde..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....mparative statement as has been prepared by the tender committee it was found that the lowest tenderer Calcutta Security Printers Limited, India have no previous experience and they have not printed any passport. On the other hand, the Francois Charles Oberthur, France (FCO), has printed and suppli......oved the same as per noting of the concerned official responsible for the evaluation of the tender and it was done bonafide in usual course of business in accordance with law and in compliance of his lawful duty as a concerned Minister. The petitioner Safiur Rahman was the Secretary of the said Mini..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
.... the Advocate of the appellant was not in accordance with Article 49(4) of the Order and thus misconstrued the provision of the said Article. 5. He further submits that in the absence of any specific Rule the Chief Justice of Bangladesh was competent to give necessary direction as to de......enting an election petition with the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount personally by the petitioner himself is directory and not mandatory. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....allenged the assessment of customs duty on the ground that in determining the value of the consignment in question they have illegally rejected the invoice price and fixed a value arbitrarily without any material basis. The petitioner also challenged the imposition of penalty to the tune of Taka 3,9......f the goods of the petitioner in instant case. It further appears that the respondents got the consignment assessed on the recommendation of the Assessment Committee which is also illegal and without lawful authority because law does not provide for any such mechanism for making the assessment. It f..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....Being aggrieved for the non-payment of the bills for the project completed by the petitioner, a notice demanding justice dated 5.3.2003 (Annexure-K) was issued on behalf of the petitioner but without any response. Being aggrieved, the petitioner obtained the instant Rule on 9.2.2003. 6. The Rule ......eting dated 3.9.2002 i.e. Annexure F-1 and the impugned letter dated 27.1.2003 i.e. Annexure-H so far as it affects the petitioner's sub-project No.26 should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to a..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....ter No. 94 of 2000 directing the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the responde......everal banks, had a legitimate expectation to be involved in and participate in active management of the company and that any action amounting to his dismissal /exclusion from the management, even in lawful way, gives the Court the discretion to either reinstate him in the management or have his sha..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....of receiving salami on condition of making the monthly tenancy transferable and non‑ejectable as illegal. Clause (a) of section 10 of the Premises Rent Control Ordinance prohibits the acceptance of any sum of money over and above the rent payable by a tenant. The said clause has also made illegal ......Under clause (b) no one is allowed to claim or receive a payment of more than one months rent, in advance. Such agreement for lease was void under section 23 of the Contract Act as its object was not lawful and that it having not been registered was unenforceable and also inadmissible in evidence. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....nd, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a limited company incorporated under the Companies Act. Mrs. Madlena D Rozario (since deceased), wife of Ketu Roza...... possession of the case land and (iv) the threatened dispossession of the petitioner by the respondent Nos.1‑8 from petitioner's land should not be directed to have been issued and made without lawful authority, and as unconstitutional and violative of the petitioners fundamental rights guaran..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
89728705895689118465969041266866189183002828970837989178453287668885