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ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
.... permanent assets and the reserve fund in the name of the institution in bank. (3) The Registrar shall place the application before the Board, and the Board may direct the Registrar to call for any further information which it may consider necessary, and may also direct a local inquiry to be m...... Bench of this court, by the judgment dated March, 8, 1989 declared the action of the Board in permitting the students to appear at the qualifying and other examinations conducted by it to be without lawful authority. The action of the Board in allowing the unrecognized institutions to function was,..Category: Others | Date: | Hits: 154
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ade during his visit to Ruma on 7.12.85. This is the impugned order which is annexed to the petition and marked as Annexure‑E It has been submitted by the petitioner that he was neither served with any show cause notice as to his fault for his forced retirement from headmanship nor he was given ch......he order contained in Memo No. Rev. 111‑12/85‑779(7) dated 19.12.85 issued by the Deputy Commissioner, Bandarban, respondent No.2 (Annexure‑E) 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 as follows: ..Category: Others | Date: | Hits: 171
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....ndred and twenty days from the date of detention under the order, place before the Advisory Board constituted under section 9 the grounds on which the order has been made and the repreÂsentation, if any, made by the person affected by the order". The first order of detention was made by the Additio......, Dhaka was made only to give a cover to the illegal detention on the basis of an illegal order of the Magistrate and as such the detention order dated 08.10.1981 was mala fide in law and was without lawful authority. The learned Advocate has, secondly, challenged the detention on the ground that th..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port AuthoÂrity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....ule is directed against the order dated 29.10.1985 passed by the respondent No.8 namely, The Chairman, Labour Court, Chittagong in I.R.O Case No.79 of 1985 restraining the petiÂtioner from selecting any Traffic Inspector through selection committee or by any other body on 06.11.1985 or any other da......indusÂtrial dispute, there is no scope for a Labour Court in such a situation to grant temporary injunction. In view of the above the impugned order of the Labour Court is found to be without any lawful authority. In the result, the Rule is made absolute without any order as to costs and the ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... further submits that the terms of the agreement to release the 195 War Prisoners in the name of clemency is also without jurisdiction because Article 49 of the Constitution does not allow to release any one without their trial by competent Courts/Tribunal. 5. On the other hand, Mr. Abdus Salam M......r, Dr. Kamal Hossain, Respondent No.4, on 9th April, 1974 releasing 195 Prisoners of War (POWs), identified as perpetrators of crimes against humanity, shall not be declared to have been made without lawful authority and is of no legal effect and also with a further prayers as to why the respondents..Category: Constitutional Law | Date: | Hits: 314
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
..... 3. That the relevant facts for disposal of the case are as follows: The respondent Nos.1-29, who were the writ petitioners, were employed by Bangladesh Railway holding the same post without any promotion since their appointment. They joined in different posts on various dates as Ticket Num......ters on the ground that they are barred to be promoted in the Guard Grade II posts. The writ petitioners claimed that the impugned order was ex-facie illegal, malafide, discriminatory and without any lawful authority. Many persons who were similarly situated with the writ petitioners had been earlie..Category: Employment/Service Law | Date: | Hits: 222
Category: Property Law | Date: | Hits: 181
Category: Property Law | Date: | Hits: 118
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... is a well known lady having been in the forefront of the leadership of Jatiya Party once and having been connected with various social activities. It has also been averred that she never indulged in any "prejudicial acts," as defined in the Special Powers Act, 1974. Despite this, the detention orde......hall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into c..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....resented by the Establishment Division in an official Memo dated 27-5-93 inquired of the Ministry of Commerce, Respondent No.5, that in view of the recent recruitment in their cadre, whether they had any surplus officers and if so whether any assistance was needed for arranging for those officers to......tation and not being absorbed though that was the main objective for being placed on deputation, the mere formality for completing the absorption process was thus about to be frustrated due to this unlawful and mala fide intervention. This has caused uncertainty about their future and those innocent..Category: Employment/Service Law | Date: | Hits: 216
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....national Airport and was taken to the Cantonment Police Station and then his passport, a1r ticket and other papers and valuables were seized. Following day he was moved to Dhaka Central Jail without any warrant of arrest and an order of detention was served on him on 25.3.92 detaining him for a per......eminar on similar subject this year. 5. Mr. Amir‑ul Islam, the learned Counsel apÂpearing for the petitioner on behalf of the detenu, contends that the detention of the detenu is without any lawful authority and has been made with the moÂtive of punishing the detenu for his lawful and laud..Category: Criminal Law | Date: | Hits: 156
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....risal" in the notification the petitioner is aggrieved. The petitioner wants a direction that the Gazette Notification creating independent Division "Barisal Division" should be declared made without any lawful authority and the name "Bakerganj" in place of "Barisal" is to be inserted therein. 2.......l" in the notification the petitioner is aggrieved. The petitioner wants a direction that the Gazette Notification creating independent Division "Barisal Division" should be declared made without any lawful authority and the name "Bakerganj" in place of "Barisal" is to be inserted therein. 2. In ..Category: Constitutional Law | Date: | Hits: 247
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....the judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necesÂsary for......judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necesÂsary for the..Category: Procedural Law | Date: | Hits: 180
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....corresponding amendment of Rules 3 and 4 of the Rules of 1988, The answer can easily be obtained on interpretation of the different provisions of these laws and to remove inconsistency appearing from any of, them the Court is called upon to do so in protecting the right of the citizen accrued under ......aka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bangladesh Biman Corporation, should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constit..Category: Employment/Service Law | Date: | Hits: 361
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....in Ahmed, with Khondker AM Mohsenuddin, Advocates ‑ For the Petitioners. M A Wahab Miah with Md. Mucktadir Rahman, Advocates ‑ For the Respondent Nos. 1 ‑3. M Amir‑ul‑Islam, with Ms. Tanya Amir and MS Shirin Sharmin Chowdhury, Advocate ‑ For the Respondent Nos. 4‑10. Writ Peti......d of the respondent No.1, the Authority held on 31.7.90 as circulated by Memo No.1517 (Admn), dated 14.8.90 (Annexure‑H to the Petition), should not be declared to have been made and issued without lawful authority and of no legal effect and why a direction should not be given for canceling or wit..Category: Employment/Service Law | Date: | Hits: 191
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....92-Appeal dated 24.1.84 (Annexure K) rejected the appeal. Under section 4 of the Board Act a right of review within 60 days of the order has been proÂvided for but the respondent No.4 did not prefer any application for review. Instead, he preferred an inÂcompetent appeal before the Ministry of Lan...... in this Rule. 42. In the result the Rule Nisi in Writ PetiÂtion No.425 of 1985 is made absolute without any order as to costs. Annexures M and N1 thereof are declared to have been passed without lawful authority and to be of no legal effect. The respondent No.1 is directed to cancel/rescind and..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....tment of lands of four different sizes for the purpose of construction of shops. In September, 1971 the then Administrator, Dhaka Municipality made provisional allotments of various plots of land to many persons for setting up their own shops according to the layout plan. Many persons made payment o......oners were carrying on business by setting up shops illegally without any valid permission. The Division Bench held that the question of encroachÂment arises only in circumstances when someone is in lawful possession of a particular premises but makes an unlawful extension thereof on municipal prop..Category: Property Law | Date: | Hits: 145
Category: Property Law | Date: | Hits: 134