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Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Abdul Majid................................................Plaintiff-Appellant Vs. Bata Shoe Company through its Provincial Controller, Defendant.......Respondent Judgment August 28, 197......) (XII). This order dated 7.7. 59 was in violation of the mandatory provisions of the last two paragraphs of clause 21(B) of the Standing Rules and orders and as such the same has been passed without lawful authority. 11. But, the defendant company cannot be forced to reinstate the plaintiff si..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. 20-D of 1968) Pakistan Light Casting Company, Dacca......Respondent (In Civil Appeal No. 21-D of 1968) Gulam Mohammad Brothers, Chittago......Rule Nisi upon the appellants to show cause why the impugned Public Notices dated April 25, 1966 July , 12, 1966, August 19, 1966 and September 28, 1966 should not be declared to be without lawful authority and of no legal effect and why the appellants should not be directed to cancel, wit..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
....ned Advocate for the petitioner referred to the provision of section 8B of the Act. His objections to the order of withdrawal are several. First, the government had no authority to withdraw any property from acquisition after the payment of compensation money. Secondly, there has been no g......ction regarding the validity of the acquisition proceedings.
10. In the above facts and circumstances of the case we are of the view that the impugned order dated 12.3.73 has been passed without lawful authority and is of no legal effect.
The Rule is, accordingly, made absolute;
We, h..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....e application for allotment of the petitioner and the respondent No. 3 as well as 'one other applicant, made an order of allotment in favor of the respondent No. 3, how is it that it did not have any regard for its own decision and placed itself at the disposal of some outside persons. If it had......dent No.1 was not above influence in deciding the matter of allotment in favor of the respondent No. 3.
5. We are, therefore, of the view that the allotment in question has been made without any lawful authority and is of no legal effect. The respondent No. 1 is however free to invite fresh app..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....added to Section 27 by an amendment on 9.11.74 is as follows: “A Special Tribunal may on application or of its own motion direct a police officer to make further investigation in any case relating to an offence triable under this Act and report within such time as may be specifi......Act, 1974. 5. We, therefore, declare that the impugned order dated 5.4.75 passed by the Special Tribunal directing the police to submit charge sheet against the petitioners has been made without lawful authority and is no legal effect. The Rule is accordingly made absolute. We, however mak..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
....rpose for which the property is requisitioned was for public purpose is not justified, and (iii) since in referring to such principles he acted without jurisdiction the order passed by him is without any lawful authority. The learned Advocate referred to various decisions in support of his contentio...... the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authority. The property in dispute which stands on two bighas of land with building thereon w..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....contentions: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitted by the Election law or any other relevant law; (ii) The report of the Pleader Commissioner is in excess of the points ......nal got no jurisdiction to appoint a Pleader Commissioner for counting ballot papers including the determination of validity of ballot-papers. The impugned order is declared to have been made without lawful authority, and of no legal effect and is set aside. The Rule is made absolute with costs agai..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
....6, 1975.
Result:
The rule is made absolute.
Order of the Government Needed to Extend Initial Detention—
The absence of the initial detention beyond 6 months with extended by any order of the Government for further investigation coupled with the non-submission of the charge-......ge-sheet before the Special Tribunal has rendered the detention illegal.
The detention of the accused beyond the initial period of 6 months after his arrest is thus illegal and without lawful authority and he is being held in custody without lawful authority and in an unlawful manner&..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....his finding which relates to one centre only the Election Tribunal should have declared the entire election void. Since no allegations have either been raised or pressed before the Tribunal regarding any irregularity in the other two centres it would have been proper if the election was set aside wi......er. 6. We are, therefore, of the view that the finding of the Tribunal that the petitioner was disqualified to be a candidate of an election under article 9(i) of the Order has been made without lawful authority and is of no legal effect. As a result, we declare that the petitioner is qualified..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....ion petition under rules 56(2) of the aforesaid Rules before the Election Chairman at Kurigram. He challenged the election of one. Sub-center only, namely Machabandha polling center and did not raise any objection as regards other sub-centers. He made allegations regarding various irregularities com......ed by the Election Tribunal, Kurigram Rangpur in Election Tribunal case No.19, 74, declaring the election of Vice-Chairman of Thanahat Union Parishad, Kurigram, Rangpur, avoid as being passed without lawful authority. 2. The facts are:-The petitioner who had contested for the post of Vice-Chair..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
.... Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property......n exists in the present case. In these circumstances, we are of the view that the impugned action and order dated 14. 5. 74 refusing to release the properties in question have been passed without any lawful authority and the continued retention of the properties in question as abandoned properties i..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....ercising power under section76 sub-section(3), court will, also, have powers, conferred on it by section 79 sub-section(3): If due to inadvertence the annual general meeting of the company could not be held within the period prescribed by the statute then the court has the power under......1-12-73 and then he has stated that he objected to this, decision and was not a party to it and the decision was ultra vires and illegal. The injunction that he obtained in the suit was on some valid lawful ground as well. The copy of the application which the company has alleged to have served, on ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....Election Rules, 1973 Rule 40— The Sanctity and Impartiality of the Election— The provisions of Rule 40 do not empower the Presiding Officer to take away the ballot boxes to any place out- side the centre and then count the votes. These provisions required that the counting......3 to act according to the provision of Rules 41(5) and 43 of the Union Parishad and Pourashava (Election) Rules, 1973 which I will call "the Rules," has been challenged as being without any lawful authority. 2. In short the facts are that while the polling in Ward No.II of Kamalapur U..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....ion Case No.1 of 1972 of the Anderkilla Arbitration Court, Chittagong. The Chairman of the Arbitration Court, Mr. Abul Kalam, proceeded to give an award and actually gave, it on 3.9.72 without taking any steps for properly constituting the Court in accordance with the provisions of Article (4) of th......ining two points raised by the learned Advocate for the petitioner. For the reasons stated above, we declare that the order of award passed by the Tribunal Judge on 31-8-73 has been made without lawful authority and is of no legal effect. In the result, the Rule is made absolute. We, howev..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....n has been Nationalised and its assets and liabilities vested in the Sonali Bank. Mr. Huq appearing for the auction-purchaser-petitioner has submitted that since in the court below there has not been any substitution and also, that he entertains doubt on Sonali Bank being a successor to the National...... Saha Vs. Ramand Saha I. L.R 39 Allahabad 635. The legal validity of the sale certificate and the delivery of possession having been lost the auction-purchaser cannot claim to have a legal title or a lawful possession. The court is at liberty to restore parties, to status quo ante. think, it would b..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....without jurisdiction and of no legal effect. B) A permanent injunction restraining the defendant No.1-7 from interfering with the plaintiff's possession and management of the S/properties in any manner and also from withdrawing any amount from the A/C of the plaintiff's Tea Estate lying......he owner of the suit properties and that the S/properties not being enemy property as contemplated by law, and all proceedings purported to declare the S/properties as enemy property are mala fide, unlawful, null and void illegal, without jurisdiction and of no legal effect. B) A permanent inju..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
....n decreed by the Trial Court for a sum of Rs. 25,612/06 with costs, and the Appellant's Suit has been dismissed with costs. The Appellant who was the defendant in the Money Suit has not preferred any appeal against the decree passed against him but has filled the present appeal against the decre......ly unjustified.
13. Mr. Backer, the learned Advocate, who has appeared for the Bank has, on the other hand,, contended that the sale of the pledged timber which was held on 1.10.54 was perfectly lawful and a registered notice, Ext, 4 having been served upon the plaintiff asking him to pay the m..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....he petitioner moved this court and obtained this Rule, 5. Mr. S.F. Ahsan, the learned Advocate appearing on behalf of the petitioner submitted that the order of dismissal has been passed without any lawful authority and as such it is of no legal effect. The learned Advocate contended that the e......etitioner moved this court and obtained this Rule, 5. Mr. S.F. Ahsan, the learned Advocate appearing on behalf of the petitioner submitted that the order of dismissal has been passed without any lawful authority and as such it is of no legal effect. The learned Advocate contended that the enqui..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
....Pakistan, Khulna.
2. Third Lobour Court, Khulna.......Respondents
Judgment
April 9, 1973.
Result:
The Rule is made absolute
Case Referred to-
James Finlay & Company Vs. Aminul Islam, 21 D.L.R. 84
Lawyers Involved:
Asrarul Hossain, A. Azim, Advocate&md......e parties to agitate before the Labor Court, if they so desire.
In the result, this Rule is made absolute. It is declared that the impugned decision of the Labour Court has been made without any lawful authority and is of no legal effect. The parties will be at liberty, if they so desire, to re..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... when be had to leave his residence for fear of his life and also of the members of his family, as the locality was overwhelmingly inhabited by the Biharis and other local miscreants. He did not know anything of the fraudulent decree passed in Title Suit No: 9 of 1968 at the instance of the petition......y the Tribunal in allowing the appeal of the respondent No. 2 and passing the order for restoration of possession in accordance with law. In this view of the matter the Tribunal has not acted without lawful authority. The order of the Tribunal does not, therefore, warrant any interference by this Co..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
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