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Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....hat admittedly, the petitioner is an industry/establishment as per the definition of the Industrial Relation Ordinance, 1969 and, as such, the Labour Court has the jurisdiction to try and dispose of any petition filed by the respondent No.2 as per worker. It has further stated that the petitioner m......espondent No.1 was quite competent to move the High Court Division seeking relief by way of declaration that the actions the Registrar of Joint Stock Companies and the Bangladesh Bank were without lawful authority and were of no legal effect. It has been submitted on behalf of the appellants that..Category: Labour and Industrial Law | Date: | Hits: 201
....Mills Limited, through ill motive, he was not transferred there and was terminated from service on 31.03.2004 with malafide intention by virtue of the decision taken on 29.03.2004, without giving any opportunity to the petitioner of showing any cause. The petitioner became sick and went to Ind......2005 making the Rule absolute in part declaring that the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ pe..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....eral Manager for the petitioner if he could succeed in this writ petition. Subsequently by an order dated 27.09.2009 the respondent No.2 promoted the petitioner to the post of General Manager without any prejudice to his senior, if any. After this order of promotion the writ petitioner filed a sup....... 7. The High Court Division, on hearing both the sides, made the rule absolute holding that the impugned circular No.10, so far it relates to its retrospective effect, has not been made under any lawful authority and as such void and not applicable to the petitioner's case. In this impugned ju..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....d by another deed of reconveyance registered on the same date i.e. 29.8.1949. In the said deed of reconveyance, it was stipulated that on repayment of consideration money within the month of Poush of any year from 1357-1379 B.S., the plaintiff would get back the suit land. Meanwhile the said Haider ......t order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with neces..Category: Property Law | Date: | Hits: 87
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....s of no legal effect and directing the appellants to accord permission to the respondent (writ petitioner) to import 500 tons of duplex board as packing materials and to re-export the same subject to any restrictions imposed by law. 2. Respondent filed the writ petition stating, inter alia, that ......ment and order of the High Court Division making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of the Writ Petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....oined in his post and his joining report was duly accepted after necessary formalities and he is continuing in his post and working and signing his attendance register and his service cannot be under any circumstances be taken away without due process of law as such the impugned order as contained i......canceling all appointments as contained in Annexure-G dismissing the respondent and other 3rd and 4th grade employees from their respective jobs is illegal, bad, void, malafide and passed without any lawful authority and is of no legal effect. The learned Counsel further submitted that by the purpor..Category: Employment/Service Law | Date: | Hits: 155
.... It was the further case of the plaintiff that the defendant No. 1 and 2 failed to deposit soletium within the time limit as granted by the Appellate Division and as such they were not entitle to get any deed executed and registered through Court and the decree became infructious. The plaintiff subm......ctory. In the instant case the soletium of taka 100000.00 (one lac) was deposited vide exhibit “uma” within 40 days. Since there was no default clause the deposit of soletium beyond 30 days was a lawful compliance of the direction given by the Appellate Division of the Supreme Court of Banglades..
Category: Property Law | Date: | Hits: 113
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....hin the description of the suit land. The suit land is also not specified and properly described in the schedule, upon which an order of temporary injunction can be granted. The defendants never made any attempt to dispossess the plaintiffs from anywhere. The plaintiffs rather were disturbing them a......porary injunction can be granted. The defendants never made any attempt to dispossess the plaintiffs from anywhere. The plaintiffs rather were disturbing them and trying to dispossess them from their lawful property taking advantage of the order of temporary injunction. 7. On the other hand Mr. M..Category: Property Law | Date: | Hits: 84
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....become enemy property and subsequently vested property by operation of law. It was also contended that the will in question is false and fabricated and the plaintiff has no interest and possession in any portion of the suit property. It was further contended that the plaintiff filed the present suit...... matter found that the suit property is not a vested property. The plaintiff contended that she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh a..Category: Property Law | Date: | Hits: 88
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....ould not be accepted. That was turned down by the respondent No.2, the Returning Officer (Thana Education Officer). Against that a representation was made by the petitioner on the same ground without any result. The petitioner moved this petition and obtained Rule. 3. Mr. Sircar relying on sectio......e respondent No.1 having had defaulted payment of loan taken from the House Building Finance Corporation was a defaulter and, as such, acceptance of his nomination paper has been accepted without any lawful authority. He refers to Annexure-‘B’ objection and Annexures-‘D’ & ‘D1’ lette..Category: Election Law | Date: | Hits: 153
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
..../3/92 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a......2 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a for..Category: Constitutional Law | Date: | Hits: 238
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....‑appellant brought the matter to the notice of the local SDO by filing a petition who then referred the same to the Chairman of the Arbitration Council of the locality but the Chairman did not take any step in the matter. The plaintiff was therefore obliged to file the present suit being Title Sui......llows: "22. Discretion as to Decreeing Specific Performance.- The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided b..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without any lawful authority and of no legal effect. The respondents in the writ petition took the matter be...... than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without any lawful authority and of no legal effect. The respondents in the writ petition took the matter before..Category: Employment/Service Law | Date: | Hits: 156
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....rry) to the satisfaction of all concerned. But at one stage, the Deputy Commissioner, Panchagar (respondent No.3) verbally instructed him to stop extraction of stone from the quarry without assigning any reason whatsoever. This verbal order of the respondent No.3 came as a bolt from the blue to the ......extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed not to distur..Category: Property Law | Date: | Hits: 66
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....DLR (AD) 1; Indian Supreme Court, AIR 1973 SC 588; State of Maharashtra Vs. Lok Shikshan Sanstha, AIR 1994 SC 2311; State of UP Vs. UP University Colleges Pensioners' Association; Tariq Transport Company, Lahore Vs. Sargodha-Bhera Bus Service, Sargodha, 11 DLR (SC) 140; Mian Fazal Din Vs. Lahore Imp......dges and other Judicial officers, equivalent to the rank of District Judges to the concerned officers of the administrative and other cadres therein should not be declared to have been issued without lawful authority and to be of no legal effect and why the respondents should not be directed to plac..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....spondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or given opportunities ...... a Rule Nisi issue calling upon the respondents to show cause as to why the action of the respondents stopping the State Honorarium of the petitioners 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 give th..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....to file a petition under section 28 of the Local Government Ordinance, 1976 for transfer of the election petition to another Tribunal and erred in resorting to recounting of ballots without examining any of the Election Officers to prove that the gunny bags containing ballot papers were received i......urisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No. 5 of 1977 as without lawful authority and of no legal effect. 2. By the impugned order the election of the appellant w..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... This Case is also Reported in: 31 DLR (AD) (1979) 276.......s is not based on correct interpretation of the words 'tax’ and ‘rate' used in the Ordinance and the Rules. The impugned order of the Additional Commissioner is no doubt illegal and without any lawful authority. It is established that writ of certiorari does lie to remove and adjudicate upon t..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....appellant was directed by an order dated 16.9.78 to discontinue the business of LMD work and also to delete Clause 3(36) of the Memorandum. This order was passed by the Ministry of Commerce without any notice to the appellant. 6. The appellant unsuccessfully challenged the said order dated 16.9......l R.R. 66 considered the application of the principle of natural justice to administrative proceedings. Lord Reid observed "I find an unbroken line of authority to the effect that an officer cannot lawfully be dismissed without first telling him what is alleged against him and having his defence..Category: Business or Commercial Law | Date: | Hits: 208
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....ission Act, 2004, Rule 15 of Emergency Power Rules, 2007 and also under section 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the ......ling false statement by another. But the schedule of offences under section 17(a) of the Anti-Corruption Commission Act, 2004 shows that an offence of abetment under section 109 of the Penal Code can lawfully be applied in respect of schedule offences under the Anti-Corruption Commission Act, 2004 i..Category: Criminal Law | Date: | Hits: 100
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