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Displaying 741-760 of 2091 results.
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....in sub‑section (1) of section 491 that "Whenever it thinks fit" which postulates that if it appears to the High Court Division to take appropriate action against an improper or illegal detention of any detenu, it can pass appropriate orders. A third party may also apply on behalf of the detenu. Bu......ers in which the State itself is concerned, in aid of right and liberty. The writ is directed to the person in whose custody the detenu is detained and required the body of the detenu alleged to be unlawfully held in custody or restrained of his liberty to be brought before the Court that appropriat..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....triable case cannot be concluded in one session, even it cannot be concluded in several sessions due to the adjournments taken both by the prosecution side and by the defence side. This is not due to any infirmity of the law itself but due to the practice that has developed to cause delay. Therefore......oncerned should not be declared to be unconstitutional and void and also why the transfer of the cases of the petitioners to the Druto Bichar Tribunal should not be declared to have been done without lawful authority and is of no legal effect. 2. As in these three Rules, the vires of section 6 of..Category: Criminal Law | Date: | Hits: 177
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tion of the detenu urging that the grounds of detention supplied to the detenu are indefinite, vague, of general nature and lacking in the necessary particulars so as to enable the detenu to make any effective representation against his detention. His further contention is that the order of ex...... to make an order of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be de..Category: Criminal Law | Date: | Hits: 74
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ich is annexed as Annexure C to this petition. It further appears from Annexure‑A that an application was filed stating all these facts before the learned Sessions Judge but he refused to entertain any application as the records had already been sent to his Court in connection with the aforesaid C......ict Abul Hashem and his order dated 11‑6‑97 vide Annexure B not considering the petition of the detenu to release him from Noakhali Jail custody should not be declared to have been passed without lawful authority and of no legal effect. 2. At the time of issuance of the Rule this Court direct..Category: Criminal Law | Date: | Hits: 88
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ned none. On the completion of recording of oral evidence accused Zakaria Kabiraj was examined under section 342 of the Code when he repeated his innocence and disclosed his unwillingness to adduce any defence witness. 7. The defence case, as it appears from the trend of cross-examination of th......aka. 24. P.W.12 Md. Salim Ullah stated that on 22-3-2005 he was Magistrate 1st class at Gazipur and on that date he recorded the confessional statement of accused Serajul Islam after observing all lawful formalities. He proved the confessional statement and his signature in it, marked exhibits ..Category: Criminal Law | Date: | Hits: 147
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....aving regard to the fact that the office of the Secretary of a Ministry is a public office, the highest executive post amongst the Officers in the Secretariat of the Ministry, and as such if there be any allegation as to eligibility, against holding of the post and also us being not appointed in acc......ondent No.5. It has also now been settled that in a petition of writ of quo warranto any citizen may question or challenge the holding of any public office by any person unauthorisedly and or in an unlawful manner. In that view of the matter we do not find much substance in the submissions made by t..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....ctory Ltd. Vs. Chairman, 2nd Labour Court and another, (1992) 44 DLR (AD) 272; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 28 DLR (AD) 190; Aminul Vs. James Finlay and Company Ltd., 26 DLR (SC) 33; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 28...... Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been passed without lawful authority. 3. On the date of issuance of the Rule Nisi, the operation of the impugned judg..Category: Labour and Industrial Law | Date: | Hits: 138
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
.....526 of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not be declared illegal and having been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that ...... of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not be declared illegal and having been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that the ..Category: Property Law | Date: | Hits: 107
....pe that it would be done soon. But till today this mutation was not completed in favour of the petitioners. Ultimately, the petitioners caused a demand of justice notice dated 5‑7‑92, but without any result. Under the aforesaid circumstances, the petitioners moved this writ petition and obtained......e respondents in not mutating the names of the petitioners in the record of rights in respect of demised premises of 156 and 157 Motijheel Commercial Area, Dhaka is declared to have been done without lawful authority and is of no legal effect. The respondents are directed to mutate the names of the ..
Category: Property Law | Date: | Hits: 119
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....e Investigating Officer P.W.11 it appears that neither in the FIR the informant P.W.1 nor in their statements recorded under section 161 of the Code of Criminal Procedure those P.W. Nos. 2 and 3 made any such statement. Thus it appears that the story of motor cycle was introduced at the time of tria......ion 2 of the said Ain the words প্রলুব্ধকরিয়া বা ফুসলাইয়া have not been defined. Section 361 of the Penal Code has defined the offence of kidnapping from lawful guardianship of a minor or a person of unsound mind and has used the word "Entices" in that s..Category: Criminal Law | Date: | Hits: 89
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....of Gonophone and the directors also executed personal guarantee of the loan of Gonophone. The petitioner, Manik K. Bhattacharjee having resigned earlier as a director of Gonophone, he did not execute any charge documents, letter of guarantee, etc for the said loan. After resignation of the petitio......the Bank under section 34(1) of the Artha Rin Adalat Ain, 2003 for issuance of warrant of arrest against the judgment-debtors and contending that Md. Harunur Rashid, Senior Officer of the Bank had no lawful authority to file the application on behalf of the decree-holder Bank and therefore, the appl..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....) asper declaration of Table (invoice value) Invoice Value being No.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the pe......per declaration of Table (invoice value) Invoice Value being No.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the petiti..Category: Fiscal/Taxation Law | Date: | Hits: 151
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....ul Borhan Vs. A.M. Bhuiyan, 15 BLD (AD) 237 and Haider Unnessa and another Vs. Monwara Begum and others, 16 BLD (AD) 280, Federal Radid Commission Vs. Nelson Brothers Board and Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533, Gujt Heluering, Commissioner of International......nd possessor of the property and, as such, got no authority to transfer the property in favour of Plaintiffs and their predecessors by deed dated 27.8.1975 and the three deeds did not stand operative lawfully. V. Deed of Defendant side could not be characterized to be erroneous in face of discrep..Category: Procedural Law | Date: | Hits: 155
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
.... Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barchy's Bank Ltd., 1935-2 All ER 571 (E); Bapulal Premchand Vs. Nath Bank, AIR 1946 Bom 482; Sanyashilingam Vs. Exchange Bank of India, AIR 1948 Bom KB); Brahma Shun Shree Jung Bahadur Vs. Chart......ters especially of 30-12-1990, 10-1-1991 and 15-4-1991 were addressed by the defendant stating its position about the address of the account-holder and the introducer. The plaintiff does not have any lawful right to claim the amount from the defendant as the defendant is not liable for the loss sust..Category: Business or Commercial Law | Date: | Hits: 548
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....r of Imports and Exports, 19 DLR 719; Sugni Chand Dayaram Jalwani Vs. Government of Pakistan, 13 DLR (SC) 233; East Exports Vs. Chief Controller of Imports and Exports, 17 DLR (SC) 508; Furtabpar Company Ltd. Vs. Cane Commissioner of Bihar, AIR 1970 (SC) 1896; Mr. Zakir Ahmed Vs. University of 16 DL......ification No.21 (95‑96)‑Import dated 24‑1‑96 (Annexure‑A) issued under the signature of Assistant Controller of Imports and Exports. Chittagong should not be declared to be void and without lawful authority and is of no legal effect and why respondent Nos.1‑4 should not be directed to ca..Category: Civil Law | Date: | Hits: 140
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....sked to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Court, Khulna should be declared to have been passed without any lawful authority and to be of no legal effect. 1. Since these two rules were issued against t...... to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Court, Khulna should be declared to have been passed without any lawful authority and to be of no legal effect. 1. Since these two rules were issued against the s..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....r members of the Board of Directors interviewed the candidates including the petitioner and allowed them marks on the basis of their performances in the interview. There was no scope to give marks to any one arbitrarily. Wide ranging questions were asked in the interview to determine suitability of ......-96 (Annexure-K) promoting respondent Nos. 4-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list should not be declared to have been issued without lawful authority and is of no legal effect. 2. Case of the petitioner is, that he was appointed L..Category: Employment/Service Law | Date: | Hits: 194
....-1998 for enlistment as disable freedom fighters. The authority after proper scrutiny found them genuine disable freedom fighters and started giving them state honorarium. The Trust without assigning any reason or giving them any opportunity of being heard abruptly stopped/reduced payment of state h......itioners came to know that some other disable freedom fighters had filed Writ Petition No.2183 of 2004 against stoppage of state honorarium, which the High Court Division declared illegal and without lawful authority by judgment and order dated 7.6.2007. Against the said judgment, the Chairman of th..
Category: Constitutional Law | Date: | Hits: 237
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....n application was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any cross-examination nor the applic......also been consented to by Syed Amir Hossain, the opposite party, who happens to be her brother, before the Mutwalli and there was no case of any illegal appointment or exercise of power without any lawful authority and that she had always managed the Wakf property according to the wishes of the Wa..Category: Trust/Waqf Law | Date: | Hits: 134
....the instant proceeding was started which, according to the accused, was entirely without jurisdiction as the offence complained of neither comes within the mischief of illegal gratification nor under any of the provisions of Martial Law Regulation No.11. The Court took cognizance of the offence ille......ccepting any illegal gratification or for that matter any money to which he is not entitled to under the law. This is the basic error in exercise of its jurisdiction and going into the matter without lawful authority. The Judgment and order of the Court having suffered from this initial error of jur..
Category: Criminal Law | Date: | Hits: 84
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