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....port Division, constituted an Enquiry Committee headed by Mr. Noor Mohammad Akhand, a Joint Secretary of the said Ministry. The committee held enquiry on the back of the petitioner without giving him any opportunity of hearing and prepared a mala fide, false and fabricated report against the petitio...... the MLO 9 of 1982 and/ or to issue Rule Nisi upon the respondents to show cause as to why the impugned order of dismissal vide Annexure 'E' should not be declared to have been made without any lawful authority and of no legal effect and as to why the petitioner should not be deemed to be in s..
Category: Employment/Service Law | Date: | Hits: 209
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
.... Sessions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangla......sions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangladesh..Category: Criminal Law | Date: | Hits: 305
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....the petitioner) to determine his income and to pay tax. The scope of section 93 has been excluded by the sub-section (3) of the section 82BB. 7. It is submitted that unless otherwise the Board or any authority subordinate to the board in this behalf, if so authorized by the Board select petiti......Assistant Commissioner of Taxes Circle-26, Taxes Zone-03, Chittagong attempting to re-open income tax case of the petitioner for the assessment year 2007-2008, should not be declared illegal, without lawful authority and is of no legal effect. In other petitions also the same notice having the same ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....hahi on 30‑1‑2000. In that case petitioner was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitio......dent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... of the Rule instead of making the same absolute, we are of opinion that even if the Rule is made absolute, it will serve no fruitful purpose for the petitioner because the prayer was not for issuing any Rule calling upon respondent No.1 to show cause, why the censorship certificate issued for scree......yer was not for issuing any Rule calling upon respondent No.1 to show cause, why the censorship certificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following langu..Category: Civil Law | Date: | Hits: 210
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... to suffer civil imprisonment for six months pursuant to the provisions of section 34(1) of the Ain 2003 to compel the Judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we find that the impugned order dated 9-8-2006 in it......Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the resp..Category: Civil Law | Date: | Hits: 140
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....-C) addressing the respondent No.3 as well as the Secretary, Ministry of Foreign Affairs requested to take necessary steps towards exclusion of disqualified electors, but the Commission did not pay any heed to the same. The Commission, however, adopted a new special Form only for Cox's Bazar dis......af and Moheshkhali fixing 19-1-2011 for holding Paurashava election without preparing a fresh voter list excluding the Rohingyas, the citizen of Myanmar, should not be declared to have made without lawful authority and hence, of no legal effect and why the respondents should not be directed to p..Category: Election Law | Date: | Hits: 217
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....the Judge of Appellate Division of the Supreme Court. Admittedly the writ is in the nature of quo warranto under Article 102(2) (b) (ii) of the Constitution which provides that on the application of any person, the High Court Division may enquire whether a person holding of purporting to hold any p......thority. The writ of quo warranto will issue where there is a clear violation of constitutional provision or any other provision having the force of law. A person will be found to hold office without lawful authority, if the person is not qualified to hold the office or some mandatory provision of l..Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....d, the deed was registered by false personation by Salamatullah, the predecessor-in-interest of the defendants; there was no thumb impression of Cherag Ali in the kabala; Salamatullah did not acquire any right, title and interest through the disputed kabala. The plaintiffs having come to know about ......interrupted enjoyment is pre-requisite to man’s deriving any benefit of value from material objects. 15. As regards possession as evidence of ownership a rebuttable presumption of law is that of lawful origin. It lies at the root of the substantive law of acquisitive prescription. Modern posses..Category: Procedural Law | Date: | Hits: 103
....nment Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was......t Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enr..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....by that Ordinance indemnity was granted to all those people responsible for killing the President Shaikh Mujibur Rahman and his family members and others on 15th August, 1975, restricting from taking any legal or other proceeding in respect of certain acts or things done in connection with, or in pr......the Constitution and are of no legal effect and as to why the Dhanmondi PS Case No.10 (10)/1996 dated 2‑10‑96 and Lalbagh PS Case No.11 (11)/75 dated 4‑11‑75 should not be declared illegal, unlawful and void. 3. In Writ Petition No.5321 of 1996 Colonel (Retd.) Shahriar Rashid Khan is the ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....d. Section 32 is relevant for filing a case before the Court as distinguished from the lodgment of the first information report in the police station, and that sanction is not necessary for lodging any first information report involving a schedule offence of the Anti-Corruption Commission Act, 200......al case against the accused-petitioners is not tenable in law. Secondly, the learned Advocate raises a legal point submitting that the informant Post Master of the Head Post Office, Gaibandha, had no lawful authority to lodge first information report in view of the restriction imposed under section ..Category: Criminal Law | Date: | Hits: 101
....d Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the defendant is void ......tle Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the defendant is void and ..
Category: Procedural Law | Date: | Hits: 124
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....ge against other accused in different sections. 5. The defence case of the accused-appellants was that they were innocent and falsely implicated with the case. 6. The prosecution examined as many as 16 witnesses who were cross-examined by the defence and on the other hand 3 defence witnesses......of the present case by the informant without prior permission of the Commission by violation of rule 16(2) of the Anti-Corruption rules therefore the initiation and subsequent conviction is without lawful authority as well as without jurisdiction thus the impugned judgment is liable to be set asid..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....on Vs. Simiking Busam to impress upon us that the present writ may be treated as public interest litigation. Lastly, he has also submitted that though the members of the Board of Directors of the Company took the decision but the Board of Directors comprises of the Governor of Bangladesh Bank and ot...... to the respondent No.8 (Optalgio Limited) arising from the impugned Tender Document No.19 of 2002‑2003 issued by the respondent No.7 (Annexure‑B) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 174
.... extension order was served upon the detenu on 23‑1‑2003. It has been stated that detenu denies that an illegal foreign revolver and bullet was recovered from him and that he has been involved in any destructive and subversive activities to the State.
3. No Affidavit‑in‑Opposition has bee......tify the detention of a detenu the detaining authority is under an obligation to file the affidavit-in-opposition to discharge its burden of proof that the detenu is not being held in custody without lawful authority or in an unlawful manner. But the rule is not inflexible and that in all cases unde..
Category: Criminal Law | Date: | Hits: 104
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....us the impugned seizure should be declared to be illegal and without lawful authority. The learned Advocate further submits that the alleged goods were seized by the respondent No.4 without following any provision of law and further submits that the respondent No.4 seized the goods on 24-1-2007 wh......and 3800 litres diesel from the Serial Nos. 43, 44, 45 and 46 of the seizure list and 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petit..Category: Criminal Law | Date: | Hits: 94
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ul-Hakim J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the peti......akim J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the petition..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ted 25-4-2006 (Annexure-A) restraining the petitioner from releasing the manufactured goods and the impugned adjustment of Taka 10,90,585 made page at 72 of the VAT Register of the petitioner without any show cause under section 55 of the VAT Act, should not be declared to be without lawful authorit...... goods and the impugned adjustment of Taka 10,90,585 made page at 72 of the VAT Register of the petitioner without any show cause under section 55 of the VAT Act, should not be declared to be without lawful authority and is of no effect and why they should not be directed to re-adjust the said amoun..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
.... Begum Bazar, Dhaka along with their mother. The mother of the petitioners filed an application before the Secretary, Ministry of Works on 6.8.1974 praying for releasing the said property but without any result. The mother of the petitioners died on 10.3.75 at Dhaka and she was buried in the Mohamma......s' property as abandoned property by the impugned judgment and order dated 9.5.88. 5. It is the further case of, the petitioner that the judgment and order complained of were passed without any lawful authority without considering the cast of the petitioners in true perspective and ignoring th..Category: Property Law | Date: | Hits: 90
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