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Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....d is not an order within the meaning of section 6(2) of the Ordinance. Secondly, the impugned order has been made with malafide intention at the instance and dictate of the party in power and not for any lawful consideration. 4. The question of non‑compliance or non‑consideration of the objec...... not an order within the meaning of section 6(2) of the Ordinance. Secondly, the impugned order has been made with malafide intention at the instance and dictate of the party in power and not for any lawful consideration. 4. The question of non‑compliance or non‑consideration of the objective..

Category: Election Law | Date: | Hits: 271

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

....ed 20-10-93 of the petitioners as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to th......0-10-93 of the petitioners as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this C..

Category: Others | Date: | Hits: 168

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....n Office from the date of lodging the FIR as per provisions of Rule 4 of Durniti Daman Ain, 2004. He further submits that the police was not authorised to take the petitioner in custody before filing any case. 4. Mr. AKM Fazlul Hoque, the learned Advocate appearing for the respondent No.2, submit......ith Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in ..

Category: Anti-Corruption Laws | Date: | Hits: 142

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....le to evade government revenue and release the imported goods through the order of this Division as stated above. 4. Thereafter by mentioning above allega­tion the Respondent No.1 without issuing any show cause notice canceled the C & F Agent License of the petitioner on temporary basis by t...... /4676(20) dated 18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect. 2. The background leading to the peti­tion, in short..

Category: Business or Commercial Law | Date: | Hits: 656

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....dmitted that the pro­ject was adversely affected by the new Drug Policy of 1982. 8. Article 32 of the BSB Order empowers the Bank to ask an industrial concern to repay the entire loan in spite of any term stipulated in the agree­ment. The petitioner by the initial agreement was re­quired to re......e the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not be declared to have been passed without lawful authority and of no legal effect. 2. On the date of issue of the Rule i.e. on 11th July, 1..

Category: Civil Law | Date: | Hits: 171

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....to deal in this case as we feel that one ground is sufficient to make the rule absolute. 10. In the result, the Rule is made absolute. The detention of the detenu is held to be illegal and without any lawful manner. Let the detenu now de­tained in Dhaka Central Jail be released forthwith, if not......eal in this case as we feel that one ground is sufficient to make the rule absolute. 10. In the result, the Rule is made absolute. The detention of the detenu is held to be illegal and without any lawful manner. Let the detenu now de­tained in Dhaka Central Jail be released forthwith, if not wan..

Category: Criminal Law | Date: | Hits: 109

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....ed the same for which on 10-5-1992 plaintiff kept her in the house of her father with a son. Plaintiff to go back to the defendant and wanted to continue their conjugal life but defendant did not pay any heed to it. Thus the plaintiff claimed her dower money and her maintenance and also the maintena......llah does not approved that the marriage relationship that has been established between a man and a woman should ever broke. The Holy Prophet Mohammed (Peace be upon him) has said "Allah has not made lawful anything more hateful in His sight than Divorce" (Abu Daud) And: "Of all the things permitted..

Category: Family Law | Date: | Hits: 202

Ruhul Amin Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration, 1986, 15 CLC (HCD)

....5 under the signature of the respondent No.1 the Director, Drug Administration and Licen­cing Authority (Drugs), Directorate of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect. 2. The case of the petitioner is that he is a manufa......der the signature of the respondent No.1 the Director, Drug Administration and Licen­cing Authority (Drugs), Directorate of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect. 2. The case of the petitioner is that he is a manufactur..

Category: Others | Date: | Hits: 184

Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)

....ly in dismissing the case on erroneous view that Labour Court cannot grant the relief of declaration. 3. It appears that the petitioner was appointed as a clerk in 1967 by the respondent No.2, Company and he worked in that capacity till 1973 when he was promoted to the post of Assistant Superviso......ondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after p..

Category: Labour and Industrial Law | Date: | Hits: 162

Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)

....d by his Assistant in the concerned machine. However inquiry committee found him guilty of the charge of misappropriation of 55 pieces of NKI and 60 pieces of LN Key screws. Labour Court did not find any illegality in the inquiry proceedings and, as such, dismissed the complaint case upholding the o......ontention raised by the learned Advocate for the petitioner. 9. In the result, the Rule is made absolute. Impugned decision and order of the respondent No.1 is declared to have been passed without lawful authority and of no legal effect and considering the facts and circumstances of the case, ord..

Category: Labour and Industrial Law | Date: | Hits: 183

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....thus of no legal effect. Pending heating of this Rule the operation of the impugned Circular dated 25.02.1985 was stayed for two weeks and the respondent No.1 was directed not to accept nomination of any other trade organisation except the petitioner for appointments of Trustee in the Board of the D......n this Rule was issued on 01.07.1985 upon the respondents to show as to why the Circular dated 25.02.1985 (Annexure-A) issued by the respondent No.1 should not be declared to have Keen passed without lawful authority and thus of no legal effect. Pending heating of this Rule the operation of the impu..

Category: Civil Law | Date: | Hits: 162

Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

....davit‑in‑opposition wherein it has been contended that the learned Labour Court had ample jurisdiction in view of section 25 (1)(b) of the Employment of Labour (Standing Orders) Act, 1965 to pass any order which might seem to it fair and just and as the learned Labour Court felt that the punishm...... Employment of Labour (Standing Orders) Act that the power of the Labour Court to pan such orders as may appear to it to be just and proper is limited by the general provision that a worker dismissed lawfully cannot be imposed on the employer on compassionate ground or on the ground of severity of p..

Category: Labour and Industrial Law | Date: | Hits: 162

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....ition have controverted the contention raised by the petitioner. The Chairman and the Authorised Officer of RAJUK respondent Nos.1 and 2 stated, inter alia, that the premises were constructed without any sanctioned plan and the petitioner and others having admitted to have re‑constructed the shops......respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petition..

Category: Property Law | Date: | Hits: 92

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....010088 dated 14-5-2003 and Bill of Entry No.152259 dated 28-12-2003 in favour of the petitioner. 2. The background leading to the petition in short, is that the petitioner is a private limited company engaged in the business of importing Crude Palm Olein (CPO) from abroad for local consumption af......ted 21-7-2009 passed by the Appellate Division in Civil Appeal No.99 of 2006 in violation of section 82A of the Customs Act and PSI Rules, 2002 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos.1-2 and 5 should not be direct..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

....h is a direct appointee in the same grade and wale having been appointed on 4.4.90 is also junior to the petitioner by 9 months. Under the Service Rules of the Trust an employee may be transferred to any post provided that his basic pay is not there‑by actually reduced. The post of Deputy Chief Ac......d that the petitioner is not the junior most in the same rank but there are some other officers working in the same rank who are junior to him and as such the order was passed arbitrarily and without lawful authority. 3. Respondent Nos.1 and 2, namely, Managing Director and the Secretary, Banglad..

Category: Employment/Service Law | Date: | Hits: 207

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....ondent No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to ......nt No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to canc..

Category: Property Law | Date: | Hits: 158

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....and Settlement Accommodation Directorate, Ministry of Works under the signature of Ms. M Begum, Assistant Director of the said Directorate issued the impugned order dated 15.1.90 (Annexure C) without any show cause notice cancelling the said allotment in the said house and directed the petitioner to...... issued declaring Memo No. A(28I)DA/89/265 dated 15.1.90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be without lawful authority and of no legal effect. 2. In order to appreciate the background of the impug..

Category: Property Law | Date: | Hits: 160

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....Passports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be declared to have been made without any lawful authority and to be of no legal effect. The said memorandum has been filed by the petitio......ports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be declared to have been made without any lawful authority and to be of no legal effect. The said memorandum has been filed by the petitioner ..

Category: Business or Commercial Law | Date: | Hits: 601

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....e present writ petition No.9875 of 2008 praying for an interim direction upon the Returning Officer to allow him to submit nomina­tion paper and the High Court Division on 11-12-2008 without issuing any Rule passed an ad-interim order directing the Returning Officer to accept the nomination paper o......t Nos. 1, 6 and 7 to show cause as to why the nomination paper of the respondent No.7 accepted by the Respondent No.1 in Second Appeal in the grab of review should not be declared illegal and without lawful authority. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division..

Category: Election Law | Date: | Hits: 231

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....he established rules and norms and it is oppressive in nature, the Court is certainly competent to strike down such an order of suspension, as a malafide act by its very nature is an act done without any lawful authority and, as such not protected by law, and in such view of the matter, the learned ......stablished rules and norms and it is oppressive in nature, the Court is certainly competent to strike down such an order of suspension, as a malafide act by its very nature is an act done without any lawful authority and, as such not protected by law, and in such view of the matter, the learned Dist..

Category: Employment/Service Law | Date: | Hits: 194