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Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....ity of the public peace to cancel the licences of the petitioner, the petitioner was not served with a notice before cancellation of licence by the impugned general notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural......ing Rifle license No.373/92 and Revolver licence No.449/92(BB‑6447) of the petitioner (Annexure–C) in serial Nos.24 and 20 should not be declared to have been issued illegally and without any lawful authority. 2. The petitioner is a leader of Awami League, a member of Parliament elected..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
....itioner was wrong. We are not oblivious of legal maxim "Commondum Ex Injuria Sua Nemo Habera Debet" i.e. no person ought to have advantage from his own wrong. We are, therefore, of the view that even any wrong is committed no one can take advantage of his own wrong to the prejudice of other. In the ......rties the High Court Division made the rule absolute declaring the order dated 02.01.1993 issued by the Ministry of Public Works canceling the allotment in favour of the writ petitioner to be without lawful authority and of no legal effect. Hence is this petition.
4. In support of the petition M..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....and order dated 21‑9-2000 passed by the First Court of Settlement, Dhaka in Settlement Case No.92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petitioner that a vacant......order dated 21‑9-2000 passed by the First Court of Settlement, Dhaka in Settlement Case No.92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petitioner that a vacant lan..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
....er for according sanction from the Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directe......or according sanction from the Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directed to..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....Mia. So, according to him, the conviction under sections 302/149 of the Penal Code to all the seven accused was not proper and legal. Section 149 of the Penal Code does not itself create any offence. The section is as follows: "149. If an ......…..Respondent Judgment November 4, 2003. The Penal Code, 1860 (XLV of 1860), Sections 302/149 All the members of the unlawful assembly might not have the common object of murdering the victim but they had common object..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....onnection with Motijheel PS Case No. 97(8)2004 for a period of five days commencing from 18th instant and, under such circumstances, the respondents are directed further not to take accused on remand any further after 22-9-2004 in the said case and even in course of the ongoing remand he should not ......People’s Republic of Bangladesh seeking production of accused Shaibal Saha Partha now being detained in Dhaka Central Jail, before this Court to satisfy that he is not being held in custody without lawful authority and or in an unlawful manner and for stay of operation of the order of remand dated..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
....titution of Bangladesh guarantees that a foreigner who for the time being is in Bangladesh has a right to enjoy the protection of law and to be treated in accordance with law. This Rule will apply to any company set up by registration in Bangladesh
Sub-Article (2) of Article 102 of the Constitu......s Rule Nisi was issued calling upon the respondents to show cause as to why withholding/not granting tent permission in favour of the petitioner should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioner, a 100% foreign-owned Company inc..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....rgoing sentence, defendant No.2 asked defendant No.3, General Certificate Officer, Dhaka to commence a certificate proceeding. Accordingly, Certificate Case No.17 of 1986 was started without however, any service of statuary notice upon said defendant No.4, the suit property was attached and then, pl......n to defendant No.3 claiming that her husband Anisuddin Ahmed had no title or interest in the suit property. About one and half years before the certificate proceeding commenced, the plaintiff became lawful owner of the suit property. She also prayed for release of the suit property from the certifi..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....or the petitioner appear to have substance. The impugned refusal to grant registration and licence is illegal and without extraneous to law, inasmuch as law dose not require the petitioner to procure any prior approval or permission of the Ministry of Fisheries and Livestock as a condition precedent......ectively refusing to accord registration and licence to the fishing trawler of the petitioner named ‘FV Kohinoor‑1’ for deep sea fishing should not be declared to have been made without lawful authority and to be of no legal effect and why they should not be directed to grant registrat..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....y committee was formed in violation of the provisions of the Service Regulations, principles of natural justice and fairness. He further submits that the enquiry committee did not give the petitioner any personal hearing and he was not given any opportunity to explain the allegation illegally raised......respondent No.4 (Annexure-R) compulsorily retiring the petitioner from the post of Director, Islamic Foundation Bangladesh. Divisional Office, Khulna, should not be declared to have been made without lawful authority and is of no legal effect. 2. It appears that the petitioner joined the Islami..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... A licence to property is based on trust which makes the action lawful, which without it, would have been unlawful. Therefore, licensee means, in essence, possession or enjoyment, without passing any interest in the property to which it relates, which could be otherwise wrongful……....... right of property………….. (20) The term licence has been defined in section 60 of the Easement Act. A licence to property is based on trust which makes the action lawful, which without it, would have been unlawful. Therefore, licensee means, in essence, possessio..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....0,854.48. Both the orders of the respondent No. 1 (CPA) have been challenged to be without lawful authority mainly on the ground that no authority is conferred upon the aforesaid respondent to impose any berth hire charges without approval of the Government and publication of the notices in the offi......dent No. 4 preferring a bill of Tk. 1,68,00854.48 for VAT as charge and sell charges in respect of the delivery of vessel M.V. Blue North (Annexure A) should not be declared to have been made without lawful authority and of no legal effect and why a direction should not be issued to the Chittagong P..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ugh the local Deputy Commissioner requisitioned the land for the purpose of acquisition but did not submit the case with his report for the decision of the Government and the latter also did not make any decision as to the acquisition required under sub‑sections (5) and (6) of section 5 of the...... pursuant to the Emergency Requisition of Property Act of 1948, the impugned order directing payment of full compensation money at the present market rate in the provision of Order 11 of done without lawful authority." Mr. Sultan Ahmed, the learned Advocate appearing in person has, h..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
....ton Binda and Co Ltd Binder 27 DLR 583; Damodar Valley Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 SC, 1......970012 dated 6‑4‑1997 issued by the Hong Kong and Shanghai Banking Corporation Limited, Dhaka Main Office, Sonargaon Road, Dhaka by the defendant No. 1 was illegal, void, malafide and without any lawful authority and, as such, not binding upon the plaintiff and the defendant Nos. 1 and 2 are joi..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....nd 44 of the Constitution and why the ex parte decree dated 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, a......4 of the Constitution and why the ex parte decree dated 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are t..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....85 as a part of the General Principles of Seniority in disregard to the provisions of Rule 4; the learned Tribunals failed to appreciate the fact that the amended provision in Rule 3(g) was not given any retrospective effect and, as such, it was not applicable to the appellants and the respondents w......t applicable to them as well to respondent Nos. 2‑61. They further claimed that the Government order as contained in Memo No. Sha.Ma (Bldhi‑2) Gesthat‑57/93/ 49(100) dated 4-4‑94 is without lawful authority and of no legal effect and that the appellants are senior in service to respondent ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....oceedings of the Bankruptcy Suit No.1 of 2000 now pending in the Court of Bankruptcy and Additional District Judge (respondent No.1), Chittagong, should not be declared to have been initiated without any lawful authority and to be of no legal effect.
2. The facts of the case, in brief, are that......dings of the Bankruptcy Suit No.1 of 2000 now pending in the Court of Bankruptcy and Additional District Judge (respondent No.1), Chittagong, should not be declared to have been initiated without any lawful authority and to be of no legal effect.
2. The facts of the case, in brief, are that Ban..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....of Md Nurul Huq was recorded in part but later the suit ended in sole decree and coming to know of the same the respondent Nirmal Chandra Dutta filed the suit alleging that he did not execute or file any solenama nor appointed Mr. Abdus Satter as his Advocate nor authorised him to enter into any sol......published in Daily Ittefaq on 5‑6‑1982. Because of revocation of the power of attorney the defendant (Md. Nurul Huq) instituted Title Suit No. 82 of 1982 for declaring him to be the still lawful and valid attorney of Nirmal Chandra Dutta in view of irrevocable general power of attorney d..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
.... thus the respondents being dissatisfied with his performance cancelled the appointment of the writ‑petitioner, that in cancelling the appointment of the writ-petitioner no imputation in any respect was levelled against him and that letter of termination does no. carry any stigma on t......‑9‑1998 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh cancelling the appointment of the petitioner as Special Public Prosecutor illegal and without lawful authority. 2. Facts, in short, are that the respondent No. 1 by the letter dat..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....n Police Station on 9‑7‑1992 in connection with the incident of the said date loading to the death of an employee by name Billal Hossain, of Titas Gas Transmissions and Distribution Company Limited. It may be mentioned information which was lodged by SM Jillur Rahman on 9‑7̴......ns Case No. 120 of 1993 was made to facilitate acquittal of the accused person and, as such, the order removing the Advocate Mr. Md. Borhanuddin is tainted one and the same has been passed without lawful authority and is of no legal effect. it was the further contention of the writ‑petitio..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
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