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State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....lants and ultimately charge was framed under section 302/149 of the Penal Code against 21 accused persons. 4. During trial before the learned Additional Sessions Judge the prosecution examined as many as 23 witnesses including 9 eye witnesses of the occurrence and also laid material evidence to s......gachchi came to learn that accused Dr. Md. Nurul Islam along with 14 others named in the F.I.R. and 15/20 unknown persons being armed with guns and deadly weapons like Farsha, Teta, rod, lathi etc. unlawfully trespassed into the said Dighi and started planting banana plants on the western side of th..Category: Criminal Law | Date: | Hits: 104
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.... warrants no such declaration. The plaintiff was clearly a trespasser. When a notice of Nadabi Muktipatra and transfer, served upon him, he did not attorn defendant No.4 as a new landlord nor he paid any rent to the Pourashava either. He simply squatted on the premises. He was evicted forcibly accor......ction 106 of the Transfer of Property Act for eviction and concluded "we are of the opinion that the action taken by the defendant Nos.1-3 in ousting the plaintiffs from the suit premises was without lawful authority and was not done under any law". The learned Judges took the view notwithstanding n..Category: Property Law | Date: | Hits: 99
.... shown that P.S. Plot No.108 appertained to P.S. Khatian No.18 created after amalgamation and consolidation of the holdings held by H.E. Percival, because, such amalgamation was done without giving any notice to the co-sharers. The pre-emption case was contested by the pre-emptee contending, inter......al dear that the Revenue Officer, whatever might have prompted him, had initiated the matter on his own motion. Had it been the case of mere amalgamation under clause (a) it would have been perfectly lawful. But this being a case of 'separation’ first, it comes well within the mischief of clause (..
Category: Property Law | Date: | Hits: 128
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
.... This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... upon the respondents to show cause as to why judgment and order dated 16-8-1993 passed in IRO Case No.126 of 1990 (Annexure-C) by respondent No.1 should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts giving rise to this writ petition are, inter..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....1-1993 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are ......93 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....e Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as......shi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ..Category: Employment/Service Law | Date: | Hits: 184
....h as it offends Articles 27, 31, 48 of our Constitution.
Mr. Farooqui referring to section 4 of the Ordinance No.54 of 1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over posses......resaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, illegal and without lawful authority.
3. For the sake of convenience we like to take up the first point regarding the..
Category: Property Law | Date: | Hits: 150
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....ng in Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to......n Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
.... No. 43 of the Third Schedule to the Constitution of Pakistan, 1962. By this amendment the Central Legislature was authorised to make laws in respect of taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of taxes and duties specifi......city by the impugned notifications being arbitrary, oppressive and unreasonable the same are violative of fundamental right of the petitioners and as such are to be declared illegal and without any lawful authority. The same being also discriminatory as such are violative of Articles 27 and 31 of ..Category: Fiscal/Taxation Law | Date: | Hits: 199
....ions Ordinance, 1969, reinstating an employee of Appellant No.1 whose service was terminated under section 19 (1) of the Employment of Labour (Standing Order) Act, 1965.
2. Appellant No.1 is a Company incorporated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bas......Industrial Relations Ordinance 1969 for reinstatement of the laid Abul Bashar in his former post under Appellant No.1 alleging, inter alia, that the termination of his service without assigning any lawful reason was illegal and that he was victimised for being an officer of the Employees Union.
..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... under the National Sports Council Act, 1974, which is the controlling authority of the respondent No.1. The respondent no. 6 is the Nandan Food and Beverage Industries Limited, a private limited company and incorporated in Bangladesh. 4. Respondent No.4, the Rajdhani Unnayon Kartipakhya (RAJUK),......signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, briefly, are as f..Category: Property Law | Date: | Hits: 159
....ice accordingly.
8. The petitioner directed a letter to the respondent on 24.03.2008 stating that some amendment has been permeated in to the design of the monument. The respondents did not convey any advice to the petitioner ever since.
9. Having obtained the said permission, the petitioner s......8 to demolish the construction of the petitioner partially and stopping its construction work at the Triple Corner Chatter in front of High Court Mazar shall 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: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....y argued in favour of the petitioner. On the other hand, Mr. Mahbubey Alam, the learned Attorney General of Bangladesh has appeared on behalf of RAJUK and vigorously argued issued against issuance of any declaration and/or direction as per the terms of the Rule. 5. Mr. Moudud Ahmed submits that t......an-2, Dhaka in the name of the petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be without lawful authority and is of no legal effect, and why they should not be directed to mutate the said p..Category: Property Law | Date: | Hits: 127
....ion, issued on 07.12.2010, was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared ......cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to implement the provisi..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....perties including that of the petitioner. The bank published the said notice without encashment of bank guaranties those were furnished to secure the loan as a first charge. Moreover, it did not make any formal claim or serve any prior notice upon the petitioner and as such he was in dark about the ......erating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more par..Category: Civil Law | Date: | Hits: 129
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, are that the petitioner is a company incorporated under the Companies Act, 1913 of which Mr. Giasuddin Khan is a Managing Director. T......tution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, ..Category: Civil Law | Date: | Hits: 129
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....er (the respondent no 6 herein) on the progression of investigation process, (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no.5 to issue the impugned order, (3) inducti......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....ut filed the application for an inquiry into his C.C account to ascertain whether the sale proceeds against the saving certificates were properly adjusted, so that he is not deprived by imposition of any extra liability, which he does not owe to the bank. The matter of appointment of an Audit Commis......nterest accrued thereon, with a further direction upon the executing Court to hear the parties on such statement of account and to examine whether adjustment of the sale proceeds made by the bank was lawful and to pass necessary order as to liability of the petitioner on the loan account. The said o..Category: Civil Law | Date: | Hits: 129
....ublished in the Bangladesh Gazette Extra-ordinary on March 20, 1972 of the Ministry of Industries, the Management of M/s. E. Pak Traders, Tejgaon Industrial Area, Dacca and M/s. Masood Reza & Company, Reza Chamber, 75, Motijheel Commercial Area, under M/s. Masood Reza Group of Industries includi...... decision was granted by this court on 2nd September, 1976 to consider the following:
1. Whether the order of release dated 17-1-76 purported to be made under article 15(3) of 1972 (P.O.16/72) was lawful;
2. Whether the order dated 11-2-76 purporting to cancel an earlier order dated 27-1-75 m..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....nt public Waqf having been appointed by the Waqf Administrator whenever there had been a vacancy, exercising authority under section 43 of the Ordinance and there being no legal obligation to appoint any one from the family of the last Mutwalli, High Court Division has erred in making a direction to......ly of the said Committee and the writ petitioner was made a member of the said Committee. 3. The High Court Division made the rule absolute declaring the impugned order to have been passed without lawful authority and setting aside the same and directing the Administrator of Waqf petitioner No.2 ..Category: Trust/Waqf Law | Date: | Hits: 148
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