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Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....e tenancy whose interest has accrued otherwise than by purchase; or (b) a transfer by exchange or partition; or (c) a transfer by bequest or gift (including Heba but excluding Heba-Bil-Ewaz for any pecuniary consideration) in favour of the husband or wife of the testator donor, or of any relat......to the pre‑emptor to be substituted in his place through Court or otherwise so far as the sale nor pre‑emption is concerned. The vendor and the vendee are at liberty to avoid pre‑emption by all lawful means." In 29 DLR (Upendra Chandra Roy Vs. Janab Ali, para 7) it has been held as follows:..Category: Property Law | Date: | Hits: 127
....ent to act under Rule 50(2) of the Employees Service Rules 1992 to issue termination order if it is termination simpliciter and if there be no stigma against the terminated employees. But if there be any stigma against the employees the termination will be, in fact, punishment in disguise and in tha......ermination dated 17-8-97 issued under Rule 50(2) of Bangladesh Public Administration Training Centre Employees Service Rules 1992 by respondent No.3 should not be declared to have been passed without lawful authority and of no legal effect.
3. Momshad Reza petitioner in Writ Petition 977 of 1998 ..
Category: Employment/Service Law | Date: | Hits: 160
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....2-1-86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that ......86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he i..Category: Labour and Industrial Law | Date: | Hits: 184
....his retirement, discharge, dismissal or termination of his service, as the case may be, unless a case in respect of such retrenchment, discharge, dismissal or termination of service is pending before any Court. In the instant case it is submitted that the petitioner has been asked to vacate the resi....../488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect.
2. The case of the petitioner is as follows:
He ha..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473;......he instant case a perusal of the decree would lead us to the conclusion that the arbitrator most illegally assumed jurisdiction to arbitrate the dispute and made the award beyond time without any lawful authority which renders the decree a nullity in the eye of law. Mr. Rais Uddin also on the po..Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....on No.DA-37/80/681-Acqiun dated 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parti......o.DA-37/80/681-Acqiun dated 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties w..Category: Property Law | Date: | Hits: 156
.......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referred to-
Sankara Lings Vs. Ratnaswami, AIR 1952 Madras 389; Q......ent was added as a party (Pro-defendant No.2), the suit became barred by limitation. Mr. MI Farooqui further submits that specific performance of contract is an equitable relief, and though it may be lawful to grant it, the Court may refuse to grant this relief in a proper case. The Court below shou..
Category: Property Law | Date: | Hits: 120
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....Commission shall not be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi the Election Commission, in absence of any order of stay from this Court, went ahead with the aforesaid proceeding and by an order dated ......8.88 the petitioner obtained a Rule Nisi calling upon the respondents to show cause as to why the aforesaid proceeding before the Election Commission shall not be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi ..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....dinary laws of the country cannot ever contemplate or visualize extra-constitutional offences tried by extra-constitutional Courts or Tribunals in an extra constitutional dispensation. Nor is there any constitutional mandate to read Martial Law Offences and Martial Law Courts whenever there is a...... respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad s..Category: Election Law | Date: | Hits: 220
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....ossain Manik Miah, the progenitor of the petitioner’s husband, once worked for Daily Ittehad in Kolkata. 4. When it was detected that the DM without being explicitly negative and without showing any reason for his passivity on the petitioner’s application for a period over sixty days, the lat......order dated 27.07.2011 (Annexure-B) of the Press Appellate Board, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3..Category: Others | Date: | Hits: 171
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....rred to submissions of learned Public Prosecutor to the effect that in course of trial those articles would be required to be proved as material exhibits and accepted his contention without assigning any reason as to why those would be required to be proved, when owner of the same was already discha......ove, we find substance in submissions of learned Advocate for the appellant. Learned Judge of the Tribunal appears to have committed wrong in rejecting the appellant’s application for returning his lawful articles and as such the impugned order should not sustain in law. 6. Accordingly, the ap..Category: Criminal Law | Date: | Hits: 132
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
.... (d) the employer or the manager approves of such order. (2) A worker charged for misconduct may be suspended pending enquiry into the charges against him and unless the matter is pending before any Court, the period of such suspension shall not exceed sixty days; (3) .............................further submitted that a domestic tribunal having concluded the proceeding after taking evidence in presence of the respondent No.2, as apparent from the record the learned Labour Court acted without lawful authority in coming to contrary findings on facts. 7. Mr. Syed Amirul Islam, the learned A..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....nts to show cause as to why the decision and order dated 25.5.85 passed by the Respondent No.1 in I.D. Case No.19 of 1982 Annexure 'E' to the petition should not be declared to have been made without any lawful authority and is of no legal effect. 2. The facts leading to this Rule is that res......e admittedly employees of a limited company. 15. After consideration of the materials on record we hold that the order of the learned Labour Court in allowing the aforesaid I.D. Case was without lawful authority and is of no legal effect. The Rule is accordingly, made absolute without any or..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
..... The short facts relevant for the disposal of this Rule are that the petitioner before us was previously a proprietorship business firm and subsequently it was converted into a private limited company. (Petitioner No.1 is the private limited company and petitioner No.2 is the director of the comp......e People's Republic of Bangladesh the Respondents were directed to show cause as to why the Memo No. Shakha-11/31-3/81/82 dated 7.2.85 (Annexure CC) should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release..Category: Property Law | Date: | Hits: 115
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....This Rule Nisi was issued calling upon the respondents to show cause as to why the reduction of the petitioner both in rank as well as in pay should not be declared to have been taken or made without any lawful authority and of no legal effect. 2. It is stated that on 22‑12‑1991 the petitione...... Rule Nisi was issued calling upon the respondents to show cause as to why the reduction of the petitioner both in rank as well as in pay should not be declared to have been taken or made without any lawful authority and of no legal effect. 2. It is stated that on 22‑12‑1991 the petitioner jo..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
.... not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the Respondent No.2 was an employee under the petitioners-Company. He as complainant filed BLL (Criminal) Case No.368 of 2010 before the respondent No.1 under s......y the proceedings of Bangladesh Labour Law (Criminal) Case No.368 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2006 now pending before the respondent No.1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....SM Monir the learned Advocate representing the petitioners has taken as through the applications and the Annexures thereof and submits that in Article 9C of the Order the President has not been given any authority to extend the tenure of the office of ad-hoc Managing Board and that the order Annexur......he election scheduled to take place in the Annual General Meeting was abruptly stopped and that issuance of the order Annexure-D and resultant action of the respondents stopping election being done unlawfully the petitioners moved this Court and obtained the Rule. 3. In support of the Rule SM M..Category: Civil Law | Date: | Hits: 169
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....after her death it was with the other legatee of the Will Sailen Talukder, who was the son of the brother of testator Jogendra. But Sailendra to serve his purpose suppressed the Will and did not make any attempt to obtain letter of administration of the will. Since all the legatees except the plaint......d by Mr. Amin is that the learned trial Court ought to have dismissed the suit on the ground that no estate was left to be administered as the appellants had already purchased the suit lands from the lawful owner Jitendra and Achinta. On this point Mr. Amin relies on a decision reported in 14 CWN 46..Category: Property Law | Date: | Hits: 183
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
....amination centre and also the house of the Upazila Nirbahi Officer. All these allegations were made in para 1 of the grounds and Mr. Biswas by referring to the same submitted that there was nowhere any definite or positive allegation of any kind of prejudicial act of the detenu except the plea t...... of terror the detenu, as Upazila Chairman, supported the said party. In this respect also Mr. Biswas pointed out that nothing was mentioned how the detenu supported the Sharbahara party or their unlawful activities. 8. The third ground was that the Muladi people were fed up by his oppression a..Category: Criminal Law | Date: | Hits: 117
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....ed by the Chairman and one Member of the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed......y the Chairman and one Member of the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the..Category: Labour and Industrial Law | Date: | Hits: 197
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