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....ents
Judgment
June 3, 2007.
Result:
The Rule is discharged.
In the absence of original documents, a court of law cannot rely on Photostat documents only as those documents do not have any evidentiary value under the Evidence Act, 1872. …………………(10)
Without permission......ts to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1995-96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect.
2. The petitioner challenged the legality and validit..
Category: Property Law | Date: | Hits: 73
....nistrative as well as in the judicial or quasi-judicial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27)
Public body when dec...... the Respondent No.2, Annexure-F, cancelling the permission to transfer the shares of respondent No.5 and others in Taj Jute Backing Company Limited should not be declared to have been made without lawful authority andis of no legal effect and/or to pass such other or further order or orders as to..
Category: Administrative Law | Date: | Hits: 299
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....ght of a citizen of Bangladesh as enshrined in Article 36 of the Bangladesh Constitution, 1972 to leave the country and go abroad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of la......prevented from traveling abroad. In such situation however the passport authority must act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding war criminals trial is apprecia..Category: Constitutional Law | Date: | Hits: 147
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....esh and others ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Or...... are disposed of by this common judgment as they involve common questions of law and facts. In both the Writ Petitions the petitioners challenged the LA Case No. 1/2007-2008 to be illegal and without lawful authority. 2. The facts of Writ Petition No. 1448 of 2008, in brief, are: Because of in..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e is also Reported in: 16 BLC (HCD) (2011) 267. ......lor's descendants i.e., wakf-al-al aulad may now be made subject to some strict limitations. The restrictions were further relaxed by the Mussalman Wakf Validating Act, 1913. Under the Act it was lawful for a person professing Muslim faith to create a waqf which in all other respects is in accor..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
.... 4590, 4591,4587,4570, 4434 and 4438 of 2000 out of which Civil Petition Nos.932, 933, 934, 935, 1291, 981, 982, 983, 984, 986, 988, 990 and 996 of 2001 arose. 5. The writ respondents did not file any affidavit in opposition in the above writ petitions but the learned Deputy Attorney General repr......clature is underscored a limitation to specified duties only and not to any tax going by that name, such as sales tax. This also stands to reason as the protection against vested rights, if otherwise lawful, was considered in the context of Customs Act only which deals with specific duties alone. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....ich the same was issued by the master of the vessel. Unless the original copy of the bills of lading is produced before the master of the vessel the master in no way is liable to deliver the cargo to any person, else he will face the consequence of the offence of conversion. If anyone is failed to s...... the Cargo yet the Cargo cannot be delivered to him. 9. The learned Senior Advocate Mr. M Hafizullah, contends that the vessel is now facing hug financial prejudice as it has been arrested without lawful cause by the plaintiff. 10. The learned senior Advocate Dr. M Zahir, appearing on behalf o..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
.... Abdul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord......ntention without formation of any opinion as to the purpose of the acquisition the entire proceedings should be vitiated and, as such, the acquisition proceedings should be declared to be without any lawful authority………………………………(20) Cases Referred to- Sankar Gopal Chatt..Category: Property Law | Date: | Hits: 85
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....angladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wazed Ali and Mohammad Moslem Vs. TCB, 40 DLR (AD) 206; Chittagong Engineering and Electric Supply Company Ltd. Vs. Income Tax Officer and others, 22 DLR (SC) 443. Lawyers Involved: Mahmudul Islam ......hy the Notice No.31/06 dated 11.7.2006 (Annexure C) issued by the respondent No.2 under section 202(1)(b)(c) (d)(e) and (f) of the Customs Act, 1969 should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to refund ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....29.9.2003 taken by the Governing Body, Nazirpur College hereinafter referred to as Governing Body to be illegal void, without Jurisdiction and the Governing body be permanently restrained from taking any action on the strength of the said decision contending, inter alia, that she was discharging her......ting was shown to the plaintiff through the peon of the college but she refused to receive the said notice and refused to put signature on the notice book. The decision dated 29.9.2003 was taken very lawfully. The defendant Nos.2-4 being members of the ad-hoc Committee and the defendant No.1 being t..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....as filed on his behalf. In the affidavit, it is stated that the petitioner misused the privilege of aforesaid SRO being No.266 dated 22.08.05. The petitioner transferred the vehicle before payment of any duty as per said SRO. The FIR and charge sheet clearly specified the offence under section 409 o...... entire adjudicated amount by the customs authority and release of the vehicle from confiscation, continuance of criminal proceeding must be held to be mala fide, without jurisdiction and without any lawful authority. 30. It may also be mentioned here, the Investigating Officer like the informant..Category: Fiscal/Taxation Law | Date: | Hits: 246
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ent May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before passing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss any person it is required to issue a show cause n......lained by the deponent, upon getting any show cause notice and in the absence of the opportunity to show cause, the impugned order is illegal and the same has to be declared to have been made without lawful authority. In support of his contention Mr. A R Yusuf has referred to a decision of the case ..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....Bangladesh & others………………………Respondent Judgment June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have ...... dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendiganj Police Station should not be declared to have been made without lawful authority and to be of no legal effect. Pending hearing of the Rule the operation of the impu..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
.... maintainability of the writ petition. 7. In the case of Zahirul Islam Vs. National Bank Ltd. reported in 46 DLR (AD) 191, where it has been decided as follows: "The petitioner, without filing any appeal, filed an application under Article 102 of the Constitution, namely, Writ Petition No. 89...... Case No. 658 of 2005 arising out of judgment and decree dated 3-3-2005 passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No. 914 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Material facts leading to this Rule are that the r..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....……………petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any griev......roperties between the parties, the purported investigation was conducted by the respondent No. 2 Deputy Commissioner, Dhaka without notifying the petitioners which is palpably illegal and without any lawful authority as contended by the learned Counsel. 7. On the other hand, Ms. Syeda Afsar Jahan..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....while submitting the enquiry report recommended for inflicting major penalty on the petitioner for which under Rule 10(8), the Enquiry Officer or the Inquiry Committee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings wheth.......2 and as communicated to the petitioner vide Memo No.4P/Shangstha/92/275(7)302 dated 17.6.1996 dismissing him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is al..Category: Labour and Industrial Law | Date: | Hits: 2706
....land. As per direction of the Ministry of Land issued time to time, the Directorate of Land Records and Survey updated the maps and records of the land in the country. The petitioners did not acquire any right or title on the basis of the documents annexed to the writ petition from said Court of War...... in Mahanagar Survey were all through rejected but at the behest of respondent No. 7, Settlement Officer, the Appeal Officer most illegally allowed the appeals after rehearing of them and termed such lawful possession of the petitioners as 'Possession by Force'.
25. He submitted that in view of s..
Category: Property Law | Date: | Hits: 120
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....s of land, 22 acres contained trees and recommended for leasing out the remaining 60 acres of land in favour of the petitioner. But in spite of such recommendation, the Revenue Officer did not take any steps and as a result the petitioner filed Other Class Suit No.186 of 1987 for declaration that ...... জেলা লবন সম্পদ উন্নয়ন ও ব্যবস্থাপনা সংক্রান্ত কমিটি took decision to lease out the land on the basis of such unlawful application. He also submits that the High Court Division erred in law in not considering the..Category: Civil Law | Date: | Hits: 182
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
...., 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/harassment must......nder section 44 of the Jahangirnagar University Act, 1973 (in short, the Act) and in particular the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inq..Category: Employment/Service Law | Date: | Hits: 169
....eir common case was that the suit land was situated within the periphery of Gheor Hat, which was sitting for about 100 years. The suit land being within the periphery of a Hat cannot be retainable by any individual and the record of rights was correctly prepared. Their possession was not lawful, the......ich was sitting for about 100 years. The suit land being within the periphery of a Hat cannot be retainable by any individual and the record of rights was correctly prepared. Their possession was not lawful, the government has got every right to evict them but denied having held out threat to evict ..
Category: Property Law | Date: | Hits: 100
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