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Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... defendant respondents that letter bearing Memo No.1617/13C dated 24.8.95 issued by defendant No.1 suspending the plaintiff for 3 (three) months with effect from 26.8.95 is illegal, unlawful, without any lawful authority and is of no legal effect and not binding upon the plaintiff being void and mal......tion against the defendant respondents that letter bearing Memo No.1617/13C dated 24.8.95 issued by defendant No.1 suspending the plaintiff for 3 (three) months with effect from 26.8.95 is illegal, unlawful, without any lawful authority and is of no legal effect and not binding upon the plaintiff be..Category: Others | Date: | Hits: 154
....g the Judgment of acquittal dated 16‑2‑83 passed in favour of the petitioner by the Summary Martial Law Court No.2, Bogra into one of conviction should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this ......e Judgment of acquittal dated 16‑2‑83 passed in favour of the petitioner by the Summary Martial Law Court No.2, Bogra into one of conviction should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this appl..
Category: Constitutional Law | Date: | Hits: 259
....uthorities and is a clear violation of applicable laws and against public interest.
15. The learned Counsel further submitted that since now of the ship breaking yards of respondent Nos.15-19 have any environmental clearance as required under the provisions of the Environment Conversation Act, 19......f Sonaichhari Mouza under Sitakunda Police Station in favour of respondent Nos.15-19 for setting up of ship breaking yards therein shall not be declared illegal, against public interest and without lawful authority.
3. The petitioner, BELA is an association registered under the Societies Regist..
Category: Environmental Law | Date: | Hits: 891
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....ejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordina......tion of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordinance ..Category: Trust/Waqf Law | Date: | Hits: 131
....ause as to why failure to take necessary legal action against the institution, which is allegedly resorting to fraud against the students in the pretext of conferring U.K. law decrees, without having any affiliation/ approval of any authenticated University of the United Kingdom should not be declar......t the students in the pretext of conferring U.K. law decrees, without having any affiliation/ approval of any authenticated University of the United Kingdom should not be declared illegal and without lawful authority and why a direction should not be given upon the respondents to prepare a guide lin..
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....t room and run buffet cars terminable at 6 months' notice. It has further been held in the decision that, under the provisions of section 42 of the Specific Relief Act, 1877 a person entitled "to any legal character" or to "any right to property" can institute a suit for a declaratory relief in ......lied on the decision of Ram Chandra Das and others Vs. Md. Khalilur Rahman and another, 1985 BLD (AD) 41, where it has been held that, the Court is not bound to grant such relief merely because it is lawful to do so. And also held that where time is intended to be of the essence of the contract, it ..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preliminary form on contest on 1.6.97. The decree holder bank did not take any step immediately although the preliminary decree was sealed and signed on the same date. On 24.4......er No.2 informed by one of the officials of the respondent bank about the filing of the title execution case. It has been contended that the trial Court which was passed the preliminary decree had no lawful authority to draw final decree after the expiry of 3 years as provided under article 181 of t..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....razing and disclosed. Since Hafiz was on continuous fetters he met entreaties to jail authority to release him from, fetters, but the reply was that the fetters could not be removed as there are too many cases pending against him. Accordingly, he remained on continuous fetters for a period of 33 mon......upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to show cause as to why the continued restraint of Fazlu alias Hafizur Rahman al..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....r erosion of Kushiara river. On the contrary, the land gifted by Hafiz Mojir Uddin and others does not fulfill the requirement of the Paripatra and it may be affected by erosion of the river Kushiara any time and it is not also convenient for the local people. The impugned Memo is malafide as no pro......shad is arbitrary, malafide and the Government is compelling its decision upon the Parishad, the elected public representative and therefore, the impugned order is liable to be declared to be without lawful authority. 9. In reply, Ms. Kashefa Hossain, the learned Assistant Attorney-General forres..Category: Property Law | Date: | Hits: 130
....ng Division weighed the merit for the claimants and recommended the name of the petitioner which has been disregarded by the Government being biased in favour of the respondent No.4 without assigning any reason for not accepting the recommendation in favour of the petitioner and, as such, acted ille......hy the impugned notification No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been made and issued without lawful authority and of no legal effect.
2. Facts giving rise to the Rule are that, petitioner wa..
Category: Civil Law | Date: | Hits: 185
....' and still they have been serving under the respondent No.1 Mr. Saha further submits that under Rule 10(8) of the aforesaid Rule there is embargo that the Enquiry Officer shall not recommend for any sort of punishment and it will only inquire where the charges brought against the delinquent hav......No.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.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2..
Category: Employment/Service Law | Date: | Hits: 205
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....ls appearing for the petitioner has urged that the entire proceeding was illegal inasmuch as the police had investigated a non-cognizable offence and submitted charge sheet without any order from the Court. 5. Now section 295A of the Penal Code under which the petitioner h....... We have, therefore, no hesitation in holding that the entire proceedings from the point of investigation right up to the order taking cognizance by the Sub-divisional Magistrate, was wholly without lawful authority and cannot be sustained in law. 6. In the result, the entire proceedings in Non-..Category: Criminal Law | Date: | Hits: 115
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
.... the Managing Committee who get only 3 votes. 5. On the other hand, Mr. Md. Faruque Ahmed, the learned Advocate appearing for the respondent No.5 submits that no election took place on 6.3.2003 or any other date and this respondent No.5 in pursuance of the decision of the Government was appointed......ging Committee of J.K. High School, communicated Vide Memo No.Sha-11/2(2)72001/599 dated 21.6.2003, issued under the signature of the respondent No.2 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. It is stated in the petition that the election of..Category: Others | Date: | Hits: 181
....ng upon the respondents to show cause as to why the impugned provisions of section 2(kha), 10(ga) of the Narcotics Control Act, 1990 and 3(Ka) and 3(Kha) of the second schedule to the said Act and or any other section of the Act should not be declared to be unconstitutional and void to the extent to......dinance, 1982 as well as the Rules framed under the Drugs Control Act, 1940 can co‑exist and the petitioner as the users and manufacturers of homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act.
6. Out of 7 res..
Category: Others | Date: | Hits: 341
....Moudud Ahmed with Md. Azizul Haq and A M Mahbub Uddin, Advocates ‑ For the Petitioner.
Munsurul Hoque Chowdhury, Deputy Attorney-General ‑ For the Respondent No.4.
Amir‑ul‑Islam with Tanya Amir, Advocates - For the Respondent No.5.
Writ Petition No. 2330 of 1996.
Judgment
......ling upon the respondents to show cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect.
2. The following is the brief case of the petitioner...
Category: Civil Law | Date: | Hits: 178
....predecessor‑in‑interest had all along been in peaceful possession of the case property till they sold the same to them and there was no occasion whatsoever to treat it as an abandoned property at any point of time. The Government did never take over possession of the case property nor did it ser......itioners, there was no occasion for the Government for enlisting the case property in the list of abandoned buildings and, as such, the impugned Gazette Notification is illegal, arbitrary and without lawful authority. Mr. Masood R Soblian further submitted that having regard to the admitted fact tha..
Category: Property Law | Date: | Hits: 116
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner and why the detenu should not be set at liberty and or......ral Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner and why the detenu should not be set at liberty and or pas..Category: Criminal Law | Date: | Hits: 127
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....The defendant No.1 was a minor on that date and that is admitted. On perusal of the contract it shows that the mother herself in her personal afford executed the contract without being empowered from any Court of law to transfer immovable property belonged to the minor defendant. Power of a mother f......ained the instant Rule. 7. Mr. Mahbubey Alam, the learned Advocate for the Petitioner took me to the contract in question and submitted that Rahima Begum being the mother of minor defendant had no lawful right to enter into a contract for sale of the suit land. He submitted that mother being a de..Category: Civil Law | Date: | Hits: 129
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ng to get the MPO. On 08.04.2005, the principal of the college went to the Ministry and came to know that on 17.06.2004, the authority cancelled the MPO of the college. The respondents did not assign any reason whatsoever for cancellation of the MPO. Before cancellation of the MPO, the respondent di......004 issued under the signature of respondent No.2 cancelling the Monthly Payment Order (shortly, MPO) of the college of the petitioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 112
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....resaid suit. 2.The respondent No.1, as plaintiff, instituted the above suit for realization of Tk. 59,00,53,045.66 with interest stating, inter alia, that the defendants No. 6, a Malayasian company was awarded a contract for construction of three roads by the defendants No. 12 and the defendan...... High Court Division accordingly made the Rule absolute in part declaring that the order so far as it relates to the striking out of the name of defendant No.5 from the plaint has been passed without lawful authority and is of no legal effect. 7. We are of the view that the High Court Division..Category: Civil Law | Date: | Hits: 122
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