Search Options
Judgment Advanced Search
Displaying 441-460 of 2091 results.
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....ed a petition on the same date, clearing that she is an adult and 20 years old and understands the realities of life and as such she should not be kept in judicial custody and should be allowed to go any where she wants to go. The petition was numbered Criminal Misc. Case No.501 of 1992. 7. The......e alleged victim girl is that she, being an adult woman and not being an accused or a lunatic, is entitled to live freely. If she is kept in custody under the garb of a Court's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....d others to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner.
2. The case of the petitioner is that he is a ci......hers to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner.
2. The case of the petitioner is that he is a citize..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....ned properties or whether the claimants thereof have got title thereto will not be required to be decided as according to section 7(1) of the said Ordinance. Any person can pray for exclusion of any building to him from the list of abandoned properties without praying for any other relief that ...... Rule is made absolute without any order as to costs. 19. It is declared that the judgment and order dated 8.9.87 passed by Court of Settlement in Case No. 250 of 1987 have been made without any lawful authority and is of no legal effect. It is further declared that the inclusion of the house p..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....ion 561A the High Court would not embark upon an enquiry as to whether the evidence in question is reliable or not. That is the function of the trial Magistrate and ordinarily it would not be open to any party to invoke the High Court's inherent jurisdiction and contend that on a reasonable appr......ction (1) (b) and interpreted the words ‘in public and private Custody' to mean that even a convict could be brought before this court for examining whether he has been detained without any lawful trial. The Attorney‑General is firmly of the view that section 561 A of the CrPC cannot be ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.... the private conduct of a member. The post of Minister or Vice President held by the petitioner had nothing to do with his profession as a member of the Bar Association. The Association cannot impose any restriction towards holding of such post. The Bar Council did not at all consider that the resol......r Council and others, to show cause why the order dated 31.12.91 passed by the Bangladesh Bar Council in Appeal No.2 of 1991 dismissing the appeal should not be declared to have been made without any lawful authority and why it shall not be declared that Rule 66(1) of the Bangladesh Legal Practition..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
.... (Supp) SCC 87; AIR 1982 (SC) 149 at p. 19;, SP Gupta Vs. Union of India, 1981 (Supp) SCC 87; IA Sharivani and others Vs. Government of Pakistan and others decided 1991 SCHR 1041; Tariq Transport Company, Lahore Vs. The Sargodha Bhera Bus Service, reported in 11 DLR (SC) 140; Khu1na Shipyard Employe......F)‑I 1‑14n4 dated 21.1.74 as at Annexure‑B so far as it produced the effect of paying different amounts of pension to the pensioners retiring from the same post should be declared to be without lawful authority and of no legal effect with a further prayer to expunge the expression "in res..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....vernment land to a private party was not regular and was in direct violation of Rules of the Government regarding relinquishment of Government acquired land. The Railway Administration could not take any further step to finalise the matter of transfer of the land to the plaintiff since outright sale...... Advocate for the defendant‑respondent, has further submitted that the contract is hit by section 23 of the Contract Act, which reads as follows:
"23. The consideration of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....ntion and on this ground also the detention of the detenu cannot be sustained. 4. The respondents did not file any affidavit‑in-opposition but the learned Deputy Attorney‑Generalopposes this application by m......llenged on various grounds. The grounds urged on behalf of the detenu found favour with the learned Division Bench of this Court and having been satisfied that the detention of the detenu was without lawful authority the Rule was made absolute and the detenu was directed to be released but in the sa..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....her the established legal position is that the welfare of the child is of prime Consideration. The provisions of Article 102(2) (b) of the Constitution is very wide in nature as it provided that any person, and not only aggrieved person as in mandamus or certiorari or quo warranto, can take to ......s or certiorari or quo warranto, can take to the notice of the Court that some body is illegally detained by any person and pray for a declaration that the person is so detained illegally and without lawful authority and the Court shall; after being so satisfied, direct the person to be set at liber..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
.... but there having been several cases pending before the Courts no decision could be taken. In tile said letter, the Secretary of the Ministry was requested to give instruction as to whether there was any legal impediment to taking decision on the teachers under suspension. The letter of' the Ins......hat the order contained in Memo dated 11.10.89 (Annexure‑1) is contrary to the decision of the Appeal and Arbitration Committee duly affirmed by the Board and therefore this Annexure‑I is without lawful authority. Then the petitioner Shamsun Nahar Awal also claimed that the Annexure‑I is malaf..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....terest of a considerable section of the people in the locality or substantial amount of the cross section of the groups of people. The interest of a private Bank is not such a public interest or any interest in which the interest of a public is directly connected for protecting the interest of ......ng to the government functionary a power not vested in law. 24. We are thus of the opinion that the order passed by the Passport Authority in impounding the passport of the petitioner is without lawful authority and thus of no legal effect. 25. In the result, this rule is made absolute. Th..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... property and, in his support, he filed all necessary documents and papers referred to above. The application was restored as case No. 760 of 1987 (Ka‑165 Mirpur Dhaka). The Government did not file any written statement against the material facts of the case of the petitioner. In the absence of wr......pplication for non‑prosecution, although it had framed an issue and decided the issue without going into merit. This, in our view, is illegal and in so deciding the Court of Settlement acted beyond lawful authority. The judgment in affirming and maintaining inclusion of House No.10‑C, Lane ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....Chief Martial Law Administrator acted without jurisdiction in passing the order of sentence against the petitioner.
5. On review the Chief Martial Law Administrator may set aside, vary or modify any order, judgment or sentence or make order for retrial but cannot convert an acquittal into convi......e impugned order of conviction and sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evidenced by Annexure E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on ..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
....Ministry of Works and other authorities stating that the allotment of plot in respect of vacant space as in the master plan is unjustified and illegal and further requested the authority not to allot any plot, but to no result.
4. It has been further the case that the petitioner also thereafter......nistry of Town Planning and in the instant case any sub‑division of plots were unauthorised and having unauthorisedly injected in to the main master plan the sub‑division of the plots are without lawful authority and further this sub‑division would make the area completely uninhabitable, unhea..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....d Subordinate Judge it appears that the learned Subordinate Judge has allotted the saham or each or the sons and the daughters according to this quantum of share, Therefore, apparently we do not find any wrong or mistake in the amount of share allotted to the plaintiffs and defendants by the learned......ode. 10. Order 23, rule 3 of' the Code of Civil Procedure runs thus: "(3) Where It is proved to the satisfaction of the court that a Suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the who..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....plication. They also filed an affidavit‑in‑opposition. They have contended that the instant writ application is not maintainable at the instance of the petitioners. They have denied that there is any truth in the case of the petitioners that they have been appointed as Extra‑Muharrars on senio......ause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the permanent posts of Muharrars shall not be declared illegal, void and without lawful authority.
2. The petitioner No.1 was enlisted as a Copyist, otherwise known as extra‑..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....ment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4...... declaration that the said two impugned orders dated 9.7.89 passed by respondent No. 1 the Secretary, Ministry of Defence retiring/removing the two petitioners from service have been made without any lawful authority and are of no legal effect and the respondents should be directed to reinstate the ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....missioner, Sylhet, Annexure‑B. Under the condition of the auction notice (as in condition No.5) the balance money was to be deposited within seven days from the date of auction, in default, without any notice or without any show cause the 50% money already deposited will be confiscated to the Gove...... is, thus, contractual in nature and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement, must be lawful in nature and hence enforceable in law. An agreement which is illegal by itself cannot be enf..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
.... No. 2 opening the tenanted house of the petitioner by breaking the lock and taking away the goods lying inside the house (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur R...... 2 opening the tenanted house of the petitioner by breaking the lock and taking away the goods lying inside the house (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahma..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....ngs framed the following issues: 1) Is the suit maintainable in its present form? 2) Is the suit barred by limitation ? 3) Is the suit bad for defect of parties 4) Have the plffs. any right, title and interest or possession in the suit land? And are the plffs. entitled to get a d......veyance. It is at best an agreement between the vendor and the vendees which by itself does not create any interest in the land and as such the restriction imposed in the ekrarnama is quite valid and lawful one. But the lower appellate Court took a wrong view to the effect that the condition or the ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
90929003899594499059950394679091949694919498909394649472910290559480947868889081