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Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....claring lay-off was isÂsued due to the stoppage of power supply. The workÂers first party were retrenched later on by an order dated 5.8.86 and that the first party respondents were not entitled to any relief. 4. The learned Labour Court after considering the materials placed before it allowed ......rticle 102 of the Constitution and obtained the present Rule. 6. Mr. Md. Khalilur Rahman, the learned AdÂvocate appearing for the petitioner, submitted that the learned Labour Court acted without lawful auÂthority in allowing the application and failed to noÂtice that the petitioner stopped th..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....ul Chan as her only heir. 5. Thus according to the plaintiffs 1-30, they are joint owners of 1/3rd of the total share in the suit properties and they are in constructive possession thereof without any partition by metes and bounds of their respective shares. 6. The further case for the plainti......In the case of Most. Ghulam Ilahi Vs. Muhammad Waris Khan, 10 DLR (FC) 174 it was held:- "The principle of law is that possession is not to be considered adverse if its origin can be referred to a lawful title whenever that is possiÂble, because a person who claims to have entered into possessio..Category: Property Law | Date: | Hits: 135
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Abdur Rahim, Advocate — For the Petitioner AK......pon the respondents to show cause as to why the impugned order (Annexure-A) under Memo No.452(3)/JM dated 10-4-1988 passed by the Respondent No.1 shall not be declared to have been passed without any lawful authority and is of no legal effect and why the respondent No.1 shall not be directed to rene..Category: Criminal Law | Date: | Hits: 132
....x-parte decree in his said Other Class suit No.178 of 1969 collusively and subsequently the plaintiff obtained the deed of purchase of the suit land fraudulently and collusively which does not impart any title to the plaintiff. It is on record that the suit property was made enemy property by order ......at Abdul Gafur vendor of the plaintiff had knowledge of the same. The plaintiff himself also knew the same. Subsequent transfer by Abdul Gafur to the plaintiff is therefore fraudulent one and without lawful authority. The plaintiff and other persons unsuccessfully tried to get release of the propert..
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....Court of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Dr. Kamal Hossain with Md. Shahidul Alam Chowdhury, A......ents to show cause as to why the deed of release being 3092 dated 2-4-84 executed by respondent No.1 in favour of one Abdul Khaleque Munshi and others should not be declared to have been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to..Category: Property Law | Date: | Hits: 248
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....learned Single Judge of this court have decided the principle in granting permanent injunction in Para 8 finding, inter alia, as follows: “Even if a plaintiff is in possession of land without any title he is entitled to protect such possession through an injunction from the court of law. But......t. Appellate Court found that the plaintiff could not prove even prima facie title over the entire suit land. Appellate Court also opined that the plaintiffs possession in the entire suit land is not lawful. In fact the appellate Court found title and possession of the plaintiff in respect of said 0..Category: Property Law | Date: | Hits: 103
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....on & Land Reforms, Bangladesh Secretariat, Dhaka and others ………………………………Respondents. Judgment July 22, 1992. Result: The Rule is discharged without any order as to costs. Cases Referred to- Haramba Chandra Vs. Province of East Pakistan......w cause as to why acquisition notice dated 24.9. 1951 published in the Dhaka Gazette dated 4.10.51 (Annexure‑C to the writ petition) should not be declared to have been issued and published without lawful authority and to be of no legal effect and why they should not be directed to cancel the same..Category: Property Law | Date: | Hits: 121
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
.... impugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation ......ugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of l..Category: Property Law | Date: | Hits: 133
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....Court, By supplementary affidavit the respondent No.1 has annexed as Annexure A another statement dated 8.6.89 from the said branch of Sonali Bank stating that the respondent No.1, was not liable for any outstanding/defaulting loan in the said bank. 6. In the background of the aforesaid averments......the Gazette Notification made by respondent No.2 declaring the respondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in hi..Category: Election Law | Date: | Hits: 216
....as to why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.
2. The case of the petitioner is that, the petiÂtioner is the wife of the ......o why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.
2. The case of the petitioner is that, the petiÂtioner is the wife of the dete..
Category: Criminal Law | Date: | Hits: 100
....eafter, filed I.R.O. Case No.267 of 1988 before the 1st Labour Court, Dhaka challenging the said order of transfer on the ground that he being a Trade Union Leader was not liable to be transferred to any station outside Dhaka in view of section 47B of the Industrial Relations OrÂdinance, 1969, and ......diction to pass the impugned order.
14. The Rule is, therefore, made absolute. The order dated 3.11.88 passed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989..
Category: Procedural Law | Date: | Hits: 273
....Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in ......xure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in poss..
Category: Property Law | Date: | Hits: 116
....ement has been declared to have been passed without lawful authority and the case is sent back to the Court of Settlement for hearing afresh in accordance with law. This Rule is made absolute without any order as to costs and the case is remanded to the Court of Settlement for hearing afresh on meri......2-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Ba..
Category: Property Law | Date: | Hits: 102
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....d upgrade issued by Ministry of Finance. 20. From the above discussions it is apparent that the petitioners have been serving as an Auditor and a Superintendent under the Ministry of Education and any claim of upgradation of pay scale involves terms and conditions of service, we therefore conside......শিম/শাঃ/৫-বি-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....hat right after lodging of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interference by this Division at an initial ......on of the provisions of section 32(1) of the Anti-Corruption Commission Act, 2004 now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be declared to have been made without lawful authority and is of no legal effect. 4. Background leading to issuance of the Rules, in sh..Category: Criminal Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ndamental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed a......ental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....aid papers and proper remedy the petitioner submitted an application to the respondent No.2 on 9-2-2005 praying for returning back his original BA Pass certificate and mark sheet. But he did not give any reply to the petitioner. Thereafter the petitioner applied to the Chittagong University authorit......oner and taken punitive action against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority and is of no legal effect and why they shall not be directed to turn back the origi..Category: Others | Date: | Hits: 186
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....ourt Division and obtained Rule Nisi. After that, the High Court Division made the Rule absolute declaring that the action of the Government treating the respondent’s house as abandoned was without any lawful authority. 4. Being refused by the concerned Authority in mutating her name in the re...... Division and obtained Rule Nisi. After that, the High Court Division made the Rule absolute declaring that the action of the Government treating the respondent’s house as abandoned was without any lawful authority. 4. Being refused by the concerned Authority in mutating her name in the record..Category: Property Law | Date: | Hits: 121
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ive orders passed in the execution case. 2. The petitioner's case, in short, areas follows: The petitioner is a director of Messrs Romana Industries Limited (thereinafter referred to as the Company). Respondent No.3 Md. Altaf Uddin is the full brother of the petitioner and Managing Director of......ontested the suit and so, it is hardly believable that the petitioner was not aware about the suit and execution cases. He lastly contends that the proceeding of the Artha Jari Case No.214 of 2007 is lawful and the rule is liable to be discharged. 9. We have examined the writ petition, supÂpleme..Category: Civil Law | Date: | Hits: 269
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....Pourashava" means a Pourashava conÂstituted under this Ordinance by whatever name called; (45) "Urban area" means an area within the jurisdiction of a Pourashava or Cantonment Board, and includes any other area which is deÂclared to be an urban area under section 3:" Sections 3 and 4 of the ......dent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those relate to Sylhet Pourashava shall not be declared to have been made without lawful authority and are of no leÂgal effect. 2. The petitioner is a resident of village Ghashit..Category: Property Law | Date: | Hits: 108
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