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Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....titioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the petitioner from office of chairman does not suffer from any infirmity. The Constitution of Bangladesh, 1972 Article 9 The Pourashava ......ilty at the time of passing the order of removal by a competent Court, that convening of the special meeting for the purpose of removal of the petitioner from the office of chairman was without any lawful basis and, as such, resolution taken in the said special meeting was illegal. It was also th..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....why the judgment and order dated 4‑11‑2002 (Annexure-A) passed by the Second Labour Court, in Industrial Relations Ordinance Case No.20 of 2002, should not be declared to have been passed without any lawful authority and of no legal effect.
2. It appears from the petition that one Md. Afzal...... ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corporation is neither an industry nor a commercial, establishment or an ind..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....transfer order and she also filed another application on 17‑12‑1998 though the respondent No. 4 verbally assured the writ petitioner that the matter will be looked into but did not make any written order. The petitioner further stated that she has been living in Dhaka with her husband......petitioner) to show cause as to why the impugned order to transfer her dated 18‑11-1998 issued by the respondent No. 4 (Annexure‑A) should not be declared to have been made without lawful authority and of no legal effect. The petitioner's case is that she is a Senior Staff Nurse ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....on challenging award of contract is maintainable? Where there is no decision contrary to the terms of the tender or no lack of transparency in the process of evaluation by Tender Committee nor any malafide in awarding contract writ petition is not maintainable..............(50) Cases Re......issued by the writ‑respondent No.3 (petitioner No. 2 herein) informing the issuance of Notification of Award to the writ respondent No.4 on 25‑2‑2003,were declared to have been passed without lawful authority and of no legal effect and direction was given for re‑tender. 2. The writ‑petit..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....as ordered. The Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building, had legally been done and ......er dated 24‑10‑2000 passed by the Court of Settlement, Bangladesh Abandoned Building in respect of the said property in Case No. 10 of 2000 to be declared to have been made without lawful authority and of no legal effect. 3. The High Court Division accordingly, issue..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....ommittee was constituted for holding an enquiry into the charges brought against respondent No.2 and asked him to appear before the Enquiry Committee on 26‑8‑1992 with his witnesses if any. The Enquiry Committee held the enquiry on 25‑8‑1992, 27‑8‑1992 and 28&#......law and the same is liable to be set aside." 7. The exercise of jurisdiction under certiorari empowers High Court Division to declare a proceeding to have been taken without lawful authority and of no legal effect which includes either declaring the impugned proceeding to ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....ss of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2) or any other provision of the Constitution preclude it to do so. …………..(28) The Evidence A......of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) The Code of Civil Procedure (v of 1908), Order XLVII rul..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....on 12‑2‑1963 in Certificate Case No. 1767 of 1960‑61 and duly received the deliver of possession and since purchase have been possessing' the same with right, title and interest thereto without any disturbance from any quarter and converted some of the land into salt bed and some portion as ag......urers of the first party appellant. Thereby there is every chance of the breach of peace with loss of life and property if the second party respondents try to oust the first party appellants from the lawful possession of the schedule land and accordingly, prayed for restraining the second party resp..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....dant no.2, thereafter, sold some properties in favour of other defendants. Suit land was neither requisitioned nor acquisitioned in Land Acquisition Case No.3 of 1963-64 and Plaintiff did not acquire any title on suit property. Plaintiff Bank, also, got no possession on Suit Property. 8. Over ple......property there were three (3) shops and six (6) kutcha houses. Possession, if any, of Defendants on a portion of suit property by way of construction of shops and kutcha houses that possession is not lawful and possession is absolutely illegal and unauthorized. Defendants could not acquire any right..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....the present appeal there is no scope to consider the prayer of the Respondent No. 2 to release the goods to it on payment of the customs duty and other charges and as such we refrain from making any comment as regards the propriety of the claim of the Respondent No. 2 in respect of the goods im......spondent No. 1 filed the aforementioned writ petition seeking declaration that his goods covered by the Letters of Credit (in all thirteen) of different dates have been detained illegally and without lawful authority and for further direction that the writ-respondents be directed to release the good..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
.... The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a coun......ounsel has however submitted that the Gazette notification dated 23‑9-986 regarding the case building in "Ka" list without taking possession has rendered the listing to have been made without any lawful authority. 8. Admittedly it appears from Annexure‑V that the respondents were born in..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....ere was clash with the local people and one person died and as such the process of eviction was stopped and those who were opposing the eviction are now more united and strong and as such before any process of eviction is started a proper step is to be taken and in the aforesaid circumstan...... an order passed by a court can be void on two grounds, namely - if an order is passed by any court in violation of the principles of natural justice that must be deemed to be an order passed without lawful authority and the violation of such order would not amount to contempt of court and this is t..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....e mortgaged with 'H Dey Jewellers' the appellant had no right, title and interest in the mortgaged property and, as such, no succession certificate could be issued in favour of his heir. Moreover, many of the mortgagers were dead and in the meantime Haladhar Chandra Dey left for India and they co......ke Nath Dey. 14. From the above definition and meaning it is clear that the ornaments now lying with the Bangladesh Bank could come within the definition of debt if when claimed by its lawful owner. If Aloke Nath Dey was but only heir of Haladhar Chandra Dey could he claim the orname..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
....ted on the following terms:
"Mr. AF Hasan Arif, learned Attorney-General, submitted that the respondent sought permission for the establishment of the North Point University but did not ask for any "Sanad" as per clause 6 of the Private University Act and, as such, asking for a "Sanad" against......s writ jurisdiction in Writ Petition No. 5233 of 2000.
3. The High Court Division by its judgment and order dated 9‑11‑2000 made the Rule absolute declaring the impugned letter to be without lawful authority and of no legal effect on the ground that an amended Act cannot have retrospective ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
....tured corrugated iron sheets, shortly CI sheets, by the respondent No. 4, the Assistant Collector of Customs, Excise and VAT, Division‑4, Dhaka for a declaration that the same has been made without any lawful authority and of no legal effect.
3. The petitioner company carries on business in......d corrugated iron sheets, shortly CI sheets, by the respondent No. 4, the Assistant Collector of Customs, Excise and VAT, Division‑4, Dhaka for a declaration that the same has been made without any lawful authority and of no legal effect.
3. The petitioner company carries on business in man..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....e proposed acquisition is for the public purpose or for the public interest. It has also been asserted by the writ petitioners that the notice under section 3 of the Ordinance has been issued without any approval from the Central Land Allocation Committee. Lastly it has been asserted that the notice......the notice dated October 23, 2000 issued under section 3 of the Acquisition and Requisition of Immovable Property Ordinance 1982, hereinafter referred to as the Ordinance, to have been issued without lawful authority and is of no legal effect. 3. The impugned notice was issued proposing requi..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
.... the High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. 2. The respondent No. 1 filed an applicati...... High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. 2. The respondent No. 1 filed an application u..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
....thers …… Respondents
Judgment
August 7, 2002.
Result:
The petition is dismissed.
The Constitution of Bangladesh, 1972 Article 102
By way of mandamus enforcement of any legal right or to redress the violation thereof could be availed.
Case Referred to-&nb......mpugned judgment of the High Court Division summarily rejecting the writ petition impugning notice dated 28‑8‑1998 issued by respondent No. 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' lis..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....as provided in section 10 of the Special Powers Act, 1974 (hereinafter referred to as the Act) and accordingly ordered to set the detenu at liberty at once, if not wanted in connection with any other case. Although Mr. Md. Ali Asgar Khan J has not given any decision as to the maintainabili......ll settled proposition of law that even the High Court Division can suo motu interfere, when it comes to its knowledge that liberty of a citizen had been taken away by the detaining authority without lawful authority and a citizen is being detained in public or private custody within its limit illeg..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....972 are not notices in the eye of law; that the house was not listed in the list of abandoned property published by the Government; that respondent accordingly served notice demanding justice without any result. 3. The petitioner contested the rule contending that Mrs. Ovais Bandi did n....... AP14/Dhan‑7/817/206 dated 24‑12‑1987 and Memo No. Sec. AP14/Dhan-7/87/21 dated 17‑1‑1988 (Annexure B and E respectively to the writ petition) to have been made without lawful authority and of no legal effect. 2. Respondent No. 1 filed the writ petition im..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
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