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....rea of .0800 acres while the aforesaid vacant land of Duraram was recorded in a separate Dag No. 6436 of a different Khatian No. 3691 measuring .0956 acres. This land of Duraram was vacant aad not in any way connected or concerned with the Tobacco, Molasses and Khamfia shop of Chandmall, Surujmal Ba......ed.
"He was adversely affected by that action but he was not given any prior notice to explain his position. In this view of the matter we hold that the impugned action was done without any lawful authority and is of no legal effect. The respondents are directed to restore possession of th..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....d taken in the writ petition.
5. Mr. A K Badrul Huq, learned Advocate appearing for the petitioner, submits that section 86 of the Co‑operative Societies Ordinance. 1984 provides for referring any dispute touching the business and affairs of the co‑operative society or of the liquidation of......ling upon the respondents to show cause why the award dated 26.2.1991 (Annexure‑1 to the petition) declaring the election of the petitioner as void, should not be declared to have been made without lawful authority.
2. The case of the petitioner is that he as a member of Kalagachia Krishak Sa..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....and traders of electrical goods and registered under the Companies Act and Trade Organisations Ordinance, 1961, is the petitioner in Writ Petition No.273 of 1991. Hay Electrical Industries Ltd, a company incorporated under the Companies Act, manufacturing single phase electric meters in the country,......citizens of the country.
12. It is further contended by the petitioners that the decision of the respondent No. 1 circulated and communicated by its letter dated 9.2.91 (Annexure‑G) is without lawful authority being contrary to earlier Government decision and import policy orders to avoid the..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....cted in accordance with law. 6. The Local Government (Union Parishads) Ordinance, 1983 is the relevant statute by which the Union Parishads have been set up and in die said statute the voters of any Union Parishad has not been given any statutory right to question the election of the Chairman a......o. 6 and published in the official Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal effect and why the election of the said Union Parishad in res..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....d calling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the ......lling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the pray..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....de absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease—
In the said case it has also been held that unless the lessee has violated any......ed Memo No. Bhu: Ma: 7‑Netro‑1/91/262 dated 19.5.91 issued under the signature of Assistant Secretary of the Ministry of Land (Annexure‑A) should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Coâ€..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....ts Governor, Motijheel Commercial Area, Dhaka made in the Bangladesh Observer dated 20th May, 1991 as continued in the said Daily on 21st May, 1991 (Annexure ‘F’) under section 37 of the Bank Company Act, 1991 (Act. 14 of 1991) which Act took effect from 24.2.91 on repeal of Bank Company Ordinan...... eighty nine lacs and twelve thousand) in not repaying the dues to the Agrani Bank ( BB Road Branch, Narayanganj), (Respondent No.6) should not be declared to have been passed erroneously without any lawful authority and to be of no legal effect.
2. Subsequent to the issuance of the Respondent No..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
....nexure ‘C’ dated 21.3.89 which was executed on behalf of the President of Bangladesh by a duly authorised officer, namely, the Additional Deputy Commissioner (Revenue), Madaripur does not contain any provision that it is subject to confirmation by the Commissioner/Additional Divisional Commissio......Shibchar District Madaripur dated 31.1.89 executed by respondent No.4, Additional Deputy Commissioner (Revenue), Madaripur in favour of the petitioner should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Mat..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....l purposes and therefore the provision of sections 361 and 366 of the Penal Code would be attracted and not the provision of section 366A. Under section 361 of the Penal Code whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any p......ion 361 of the Penal Code whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian is sai..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....uded in the 'Kha' list of the abandoned buildings on 23.9.86 published in the Bangladesh Gazette and, as such, the petitioner had to file the said case.
3. The respondent‑Government did not file any written statement but contested the case by way of making verbal submissions contending that the......he Secretary, Ministry of Works to show cause why the said judgment and order passed by the Settlement Court, Dhaka on 23.2.89 in case No.1043 of 1987 should not be declared to have been made without lawful authority and of no legal effect.
6. The respondent No.2 Government of Bangladesh, filed a..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....ment made by Muslim, father of victim girl Sumati in the FIR dated 3.8.88, she appears to be below 16 years of age as on 2.5.89. In the circumstances, we do not find that the Sessions Judge committed any error of law in giving victim girl Sumati Begum to the custody of her father Muslim by the impug......h runs as follows: "361. Whoever takes or entices any minor under fourteen years of age if a male or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is sa..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....adesh Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexures A and D) should not be declared to have been made without any lawful authority. 2. It may be mentioned that the petition was filed and the Rule was issued ......h Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexures A and D) should not be declared to have been made without any lawful authority. 2. It may be mentioned that the petition was filed and the Rule was issued afte..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....her the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction in rank. The post of an IPO is a promotion post. There could not be any promotion to the post of IPO without appearing successfully in the competitive examination of th......uments and ending with statutory rules, which have been authoritatively construed, by the Superior Courts, in relevant respects. Therefore, these words can only mean that the appointee was subject to lawful orders made by competent authority." 18. Our attention is also drawn to the foll..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....1987 refusing to exclude the building, being the Holding No.300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal effect. 2. The facts giving rise to this Rule are: Mr...... refusing to exclude the building, being the Holding No.300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal effect. 2. The facts giving rise to this Rule are: Mr. PB..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....record. The plaintiff obtain a joint decree for specific performance of contract against all the defendant Nos. 1-6, and defendant No.2 having not been brought on record and she having not filed any appeal there was possibility of' two inconsistent and conflicting decrees if the appeal was ......ntiff or defendant is impleaded in the appeal", is not correct. He further submits that what is true for a suit is not true for an appeal and thereby lie submits that the impugned order is not a lawful one. In support of his contentions he has cited the case of Joy Kumar Datta and others Vs. Si..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
....ection 61 of the Banking Companies Ordinance, 1962 by the Official Liquidator namely, Bangladesh Bank, alleging, inter alia, that "the East Bengal Commercial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all i......icipality and also with the Government Tahsil office and paid the municipal tax and Government rent. While the said owner Motilal was in exclusive physical possession of holding No. 6 Machua Bazar as lawful owner, he. sold 8‑1/2 decimals of land to the answering defendant by four registered kabala..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
........Respondents (In Civil Appeal No. 59 of 1984) Judgment June 19, 1990. Result: The appeals are dismissed. The Companies Act, 1913; Section 162 Whether the learned Company judge fell into serious error of law in staying sine die all further proceedings of winding up p......he applications for winding up being a very serious matter, the learned Company Judge in the circumstances noticed by him, which we find to be relevant, rightly passed the impugned order for which no lawful grievance can be made. Hence, the first point raised by the learned Advocate for the appellan..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....cts and circumstances of the case it is found that the fact involved are not of complicated nature calling for a detailed investigation in a separate forum. As such High Court Division did not commit any illegality in deciding the same in summary proceedings. The Limitation Act, 1908 (IX of 190......ee. Elaborate procedure for the registration of transfer of shares has been laid down in section 34 of the Companies Act. Sub‑section(3) of this section provides that no transfer of shares shall be lawful unless it is effected by a proper instrument of transfer duly stamped and executed by both th..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
.... Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)
In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounti...... 18.3.90 as sent by respondent No.4 the Returning Officer in the (appropriate) form dated 27.3.90 and the Gazette Notification in connection therewith at Annexure V dated April 19, 1990 to be without lawful authority and of no legal effect or such other or further order or orders passed as to this C..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....e. 4. The learned Sessions Judge, found that the judgment of the Additional District Magistrate was not in accordance with section 367 of the Criminal Procedure Code as the judgment did not bear any date. He has observed "section 367 of the Code of Criminal Procedure requires that every ju......dgment in the light of the observations made in the body of the Judgment. He observed that if the learned ADM takes the ejahar into evidence by recalling any witnesses the accused persons shall get a lawful chance to cross‑examine the witness and the accused persons are to be examined afresh under..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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