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Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....they are using the second schedule land as pathway since the time of their ancestors beyond 20 years within the knowledge, notice and acquiescence of the defendants petitioners peacefully and without any interruption. Further case of the plaintiff is that there is no alternative pathway for them t......e mentioning in the kabala of the existence of the disputed pathway some time over 50 years' back is a strong presumption that the user of the right is nothing but as of right that is to say it has a lawful origin and therefore it cannot be brushed aside by saying that walking over other's land even..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ision vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Writ application filed under Article 10......n vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Writ application filed under Article 102 of..Category: Others | Date: | Hits: 175
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....vice with effect from 12.7.86. Since then he resided at Dhaka and he never misused the privilege of bail in the criminal case against him. He has been attending Chittagong Court on every date without any latches. 3. On 14.8.88 the detenu was arrested from his residence at Mirpur, Dhaka and was co......6/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner Mrs. Alam Ara Huq is the wife of the..Category: Criminal Law | Date: | Hits: 107
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....d challenging the venue of the election of the President directed to be in a Chamber of the President having been rejected by the former Division Bench per quorums is not before this Single Bench for any decision. 6. Mr. Amir‑ul‑Islam, the learned Counsel, having taken me through the impug......dent's Election Act, 1991 known as Act No.27 of 1991 should not be declared to be void being inconsistent with the provision of the Constitution and should not be declared to have been passed without lawful authority and thus of no legal effect. 3. The two writ petitions filed by Mr. Moudud Ah..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of Directors of United Commercial Bank Ltd., a banking company, incorporated as a public limited company under the Companies Act, 1913 and the petitioner No.2 ......tion of Criminal Case No.10 of 1990 on the basis of Annexure‑M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. ..Category: Labour and Industrial Law | Date: | Hits: 176
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....ardian". In the instant case the proceedings were drawn up by the Chief Metropolitan Magistrate, Dhaka against the petitioner u/s. 363 of the Penal Code which runs as follows:- "Whoever kidnaps any person from (Bangladesh) or from lawful guardianship, shall be punished with imprisonment of e...... complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the petitioner by a Registered Kabala Namah on 16.12.74 and out of the lawful wedlock a son was born to them on 12.10.80 and he was named Sakibul Hasan @ Mosu. The petitio..Category: Family Law | Date: | Hits: 255
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
.... Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is discharged without any order as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of......espondents to show cause as to why the impugned order being Nathi No. S4-02/AP/Group-6/94/12989-Cus. Dated 12-4-1994 (Annexure-D to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to ..Category: Fiscal/Taxation Law | Date: | Hits: 189
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....nsoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life of a citizen as such, when any one of whatever class, society, place met death by accident. It should be the duty of the Govern...... authorized by law and (iii) the wrongful act or omission complained of must inflict injury special, private and peculiar to the plaintiff. Torts are infinitely vicious, not limited or confined until lawful jurisdiction is available from defendant, the plaintiff is entitled to sue in tort if there i..Category: Civil Law | Date: | Hits: 339
....t firstly, submits that the VAT authority illegally realized Taka 19,30,521.72 from the petitioner since in the Appeal No.155/03 it was categorically decided that the petitioner was not liable to pay any trade VAT. Next he submits that after the order of the Appellate authority the petitioner field ......7-10-2002 despite success in the appeal and Taka 19,30,521.72 which was illegally realized by the vat authority as trade VAT by misinterpreting the law shall not be declared to have been made without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short,..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....d by the employees of the then Habib Bank which is an agreement illegally entered into by the plaintiff and Agrani Bank. Item 10 of the form Ext. K is written as follows: "10. In case of breach of any of the above Rules and Regulations, the employees shall be liable to be dismissed summarily, and......f enquiry officer enabling the plaintiff to controvert the alleged report which the plaintiff was legally entitled to get. The defendant did not serve him any show cause notice which the plaintiff is lawfully entitled to get to prove his innocence and to controvert any false allegation." 9. T..Category: Employment/Service Law | Date: | Hits: 175
....
......ner and the public at large resulting in shortage of materials in the market, high price and corruption and the order is liable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
.......Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali Coal Company Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412, Haridas Sadhu Khan Vs. Iswar Ratneswar ......d that "In our opinion though ordinarily where a decree has been passed after some contest between the parties such decree is appealable, where it has been proved that the suit has been adjusted by a lawful agreement, there can be no appeal against the decree under section 96(3), but there is a ri..Category: Property Law | Date: | Hits: 109
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
.... is also Reported in: 49 DLR (HCD) (1997) 201. ......ant Md. Abdul Hoque Khan to show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Mr. Khalilur Rahman, learned Advocate for the petitio..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....s. 3. Learned advocate for the respondents after placing the affidavit‑in‑opposition submitted that there is no sweeper colony named Gulshan Taltala Sweeper Colony and petitioner was not given any accommodation in such non‑existing colony and he along with others trespassed in the Gulshah P......e petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 and 9 not to evict ..Category: Constitutional Law | Date: | Hits: 369
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....seats, were constrained to issue a notice on 30‑4‑2003, through their learned Advocate, demanding justice, in canceling and or rescinding the circular dated 23‑9-2002 (Annexure B) but without any response, as such, obtained the instant Rule. 4. On the prayer made on behalf of the petitio...... Local Government Division and other's to show cause as to why the circular vide Memo No. Poura 1/M‑02/2002/1133 dated 23‑9‑2002 (Annexure B), should not be declared to have been issued without lawful authority and is of no legal effect. 3. The Facts: It is stated in the petition that elect..Category: Constitutional Law | Date: | Hits: 443
....dated 21.1.87 signed by Assistant Secretary, Immigration Section V (Annexure‑F) requesting the petitioner to produce (a) document of property, (b) original document citizenship certificate etc. (c) any other documentary certificate.
4. Thereafter the petitioner filed supplementary affidavit ...... Home Affairs in respect of the petitioner for deciding the question as to whether the petitioner is entitled to get back the possession of his house, should not be declared to have been made without lawful authority. By the same Rule Memo. No.111 (Imn)/V dated 24.1.87 issued by the Home Ministry re..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....rty nor brought the suit property in the hotchpot for adjudication in the said suit. Rather the plaintiff respondent No.1 having relinquished his claim in respect of the suit property now cannot seek any further remedy from the Court against the defendant No.4 knowing fully well that by virtue of a ......e property as the some were in occupation, supervision or management carried out by his son. It was not the contemplation of the law that a person who was required to go outside his country with some lawful purpose but subsequently was held up in Pakistan and prevented from coming his homeland beyon..Category: Property Law | Date: | Hits: 111
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....ow detained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is that the detenu ......etained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is that the detenu come..Category: Criminal Law | Date: | Hits: 113
....d order of detention dated 20.2.89.
6. By judgment and order dated 12.4.89 a Division Bench of this Court made the Rule absolute and directed the detenu to be released at once if not wanted in any other connection.
7. An advance order for release of the detenu was sent to the opposite part......Case was contested by the respondents and a Division Bench of this Court by judgment and order dated 16.2.89 made the Rule absolute and declared the order of detention to have been passed without lawful authority and directed the release of the detenu at once.
4. The aforesaid judgment and ..
Category: Criminal Law | Date: | Hits: 124
....
(Dhaka)
(Civil Appellate Jurisdiction)
Present:
Latifur Rahman J
Daliluddin Ahmed J
The Mercantile Fire and General Insurance Co. Ltd...........Appellant
Vs.
Bata Shoe Company Pakistan Ltd..................................Respondents
Judgment
February 15, 1989.
R......r then he has not merely exposed the goods to the chance of injury, he has injured them himself. Finally the description "all risks" does not alter the general Law; only risks are covered which it is lawful to cover, and the onus of proof remains where it would have been of a policy against ordina..
Category: Business or Commercial Law | Date: | Hits: 325
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