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Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....na Begum now detained in Sylhet District Jail/Moulvibazar Jail should not be produced before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without any lawful authority in an unlawful manner and is of no legal effect. 2. The case of the petiti......egum now detained in Sylhet District Jail/Moulvibazar Jail should not be produced before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without any lawful authority in an unlawful manner and is of no legal effect. 2. The case of the petitioner..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....om one Hossain of Rajshahi town. In December, 1972 the detenue enticed away one girl of Pabna (who came to Rajshahi for treatment of her mother) and raped her. The said girl out of fear did not lodge any complaint but she went back to her house and committed suicide. It is further stated that the de......use as to why the detenue Mahbubuzzaman alias Bhulu now detained at Dacca Central Jail should not be brought before this court so that it may satisfy itself that he may not be held in custody without lawful authority or in an unlawful manner. The petitioner is the sister of the detenue. The detenue ..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....dents. Writ Petition No. 4387 of 1997. Judgment Md. Mozammel Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the victim minor girl Tapati Rani alias Bobi Rany, daughter of Tapan Chandra Datta, should not be brought before this Court so that it may satisfy......the victim minor girl Tapati Rani alias Bobi Rany, daughter of Tapan Chandra Datta, 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 and why she should not be set at liberty forthwith. 2. ..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....f their house in the said list. Their further case is that, the house was never an abandoned property and the vendor Shawkat Sadullah was a resident of Bangladesh and employee of General Electric Company and was in possession of the house fill his transfer to the petitioner No.1 and, as such, treati......ing House No.7, Gulshan Avenue at serial No.42 in the 'Kha' list of abandoned buildings published in the Bangladesh Gazette dated 23rd September, 1986 should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... Vs. Compagnie Tunisienne de Navigation SA (1970) 3 All ER 71 HL); Michael Golodetz Vs. Serajuddin and Co. AIR 1963 (SC) 1044; Bangladesh Air Service Oil and Natural Gas Commission Vs. Western Company (Pvt) Ltd of North America, AIR 1987 (SC) 674; James Miller and Appellant Partners Ltd. Vs. Whi......ion was whether a clause in a bill of lading providing that any dispute arising thereunder shall be “governed by a foreign law and any such dispute shall be “decided by” a foreign court could lawfully oust the jurisdiction of the Courts in the then Pakistan Upon a masterly analysis of all ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
.... determined on consideration of the facts and circumstances of each case.
10. Learned Advocate for the respondent No.1 submitted that neither before the Registrar nor in the memorandum of appeal any such question was raised and only in the written argument such question was raised before the Bo......by the respondent No.2, Copyright Board (Annexure‑B) rejecting the appeal filed by the petitioner under section 76 of the Copyright Ordinance, 1962 shall not be declared to have been passed without lawful authority and of no legal effect.
2. Respondent No.1, Skill Development for Underprivile..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
....nal publication of such compensation assessment roll.
6. Sub‑section (1) of section 20 of the State Acquisition and Tenancy Act provides that "on the acquisition of interest of rent receivers in any area under Chapter V, no rent receiver, cultivating raiyat, cultivating under raiyat or non‑ag......ance of the petitioner Md. Ali Akbar was issued calling upon the respondents to show cause as to why order dated 26‑12‑89 passed by the respondent should not be declared to have been made without lawful authority and of no legal effect.
2. Petitioner’s father and 13 others took Pattan of 14..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
.....- This Rule was issued calling upon the respondents to show cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that......his Rule was issued calling upon the respondents to show cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....le 42 of the Constitution, the petitioners can come directly to the High Court Division for protection of their fundamental rights. Moreover, it was found that the petitioners had no scope for filing any application before the Settlement Court within 180 days from the date of their knowledge of the ...... and effective notice to surrender the possession of the property included in the 'Kha’ list. Such a notice cannot be considered a notice in the eye of law. It cannot be said that the plot has been lawfully included in the list of abandoned building published in the Gazette notification on 23‑9..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....ity from the vessel but on unloading only 983.011 MT was found and discharged in the lighterage vessel for storing in the bonded ware‑house. An inspection was held by Gulf Inspection and Survey Company Limited which issued the inspection certificate on 10.8.90 wherein it was stated that the purity...... rejected the application. 4. Mr. MI Farooqui submits first for non‑compliance with the mandatory requirement of section 32(2) of the Customs Act, 1969 the impugned demand note is issued without lawful authority in that the petitioner was entitled to prior notice as is contemplated under sub‑..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
.... reinstated in their respective posts. The petitioner also made representation on 8.5.85, 4.1.86 and 22.3.87 for reviewing the order of removal before the President through proper channel but without any result. On 7.4.87 the petitioner made another representation to the Minister‑in‑Charge of Ho......C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this c..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....unning the affairs of the Union Parishad and the basis of forming an opinion of the government against him is non-existent finding him on bail, suspension of the Chairman cannot be allowed to operate any further. Because of the fact that the basis on which the action of the Government is founded no ......rman of No. 1 Rajargaon (North) Union Parishad, PS-Hajiganj, District Chandpur under section 65(f) of the Local Government (Union Parishads) Ordinance, 1983, shortly the Ordinance, was passed without lawful authority and to be of no legal effect. 2. The writ petitioner-respondent No. 1 contende..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....en called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Case No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as ......alled upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Case No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as to t..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
....as it relates to House No.SW(F)4 Gulshan Model Town, Dhaka and Memo No. Shakha‑9/AP/675 dated 12.5.1988 (Annexure "A (1)") to the petition should not be declared to have been made without any lawful authority and is of no legal effect.
2. Case of the petitioner is that he is, a citi......t relates to House No.SW(F)4 Gulshan Model Town, Dhaka and Memo No. Shakha‑9/AP/675 dated 12.5.1988 (Annexure "A (1)") to the petition should not be declared to have been made without any lawful authority and is of no legal effect.
2. Case of the petitioner is that he is, a citizen ..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
.... as published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to w......published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withd..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....hy he should not be dismissed or removed from service, subjected to reduction of salary or be awarded major punishment It was alleged that the dacoits snatched away the petitioner's rifle without any resistance resulting from his negligence of duty which is contrary to departmental rules and dis......ng upon the respondents to show cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and '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 passed as to th..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....ssued calling upon the Respondents to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in th......d calling upon the Respondents to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the ap..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....of Labour (Standing Orders) Act, 1965— It is obligatory on the part of the employer to take into consideration the gravity of misconduct and the previous record of the worker, if there be any. In awarding punishment under this Act the employer shall take into account the gravity of the m......how cause notice to the petitioner and the previous record of the petitioner having not been taken into consideration before awarding the punishment, the dismissal of the petitioner from service is unlawful……………………..(8-10) Cases Referred t..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....davit-in-opposition denying the allegations made in the petition stating, inter alia, that the original lessee never executed a deed of agreement for sale of the case property on 19.5.71 nor received any earnest money but the petitioner has created the same by forging the signature of the original l......ng No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has fi..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....ry mandatory injunction arising out of Title Appeal No. 51, of 1990. 2. Short facts giving rise to this Miscellaneous Appeal are as follows: The plaintiff-appellant is a private limited company incorporated under the Companies Act, 1913 and has been carrying on the business of river transp......he 3rd Court of the Subordinate Judge, Dhaka praying for a declaration that the acts proposed to be done by the defendants and the issuance of the memo to that effect to the plaintiff are all without lawful authority, illegal, malafide, void, inoperative and the defendants are bound to withdraw the ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
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