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Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....xed as Annexure-E to the contempt petition. On 3-4-94 Contemner No.1 wrote to the Shipping Ministry forwarding the joining report of the petitioner without treating it as a conditional one or raising any objection about its contents which is annexed as Annexure-2 in the affidavit in reply. On receip......lenging this order of termination dated 31-8-82 the petitioner filed a suit being Title Suit No.697 of 1985 for a declaration that the order of termination dated 31-8-82 was illegal, void and without lawful authority and prayed for re-instatement to the service as Secretary of the BSC with all finan..Category: Others | Date: | Hits: 142
....plan to create disorder according to the specially confidential report received from the secret service agencies. It is stated that doubts surrounding his return from training school in India without any permission from the concerned authority on 20th August, 1975 after the occurrence of 15th August......erred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.
2. Petitioner before us Mrs. Rieta Rahman is the wife ..
Category: Criminal Law | Date: | Hits: 76
.... kutcha structures, that in spite of the protest of the port authority to the erection of the said unauthorised structures by the respondents and asking them to remove the structures they did not pay any heed to that and that also did not remove the unauthorised structures, that thereafter the Port ...... 23-3-1991 dismissing the appeal and thereupon allowing the appeal upon setting the order dated 7-6-1990 passed by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1..
Category: Property Law | Date: | Hits: 103
....perty proceedings and, as such, the suit is liable to be dismissed. At the trial the defendant did not appear and contest the suit either by cross-examining the plaintiff’s witnesses or by adducing any witness in support of the defence case.
4. The learned Munsif by his impugned judgment dated ......y treat such properties as enemy or vested properties and take over possession thereof in accordance with law subject to the legitimate rights of co-owners co-sharers and the bona fide transferees in lawful possession therein. But before a property is treated as a vested property particularly on the..
Category: Property Law | Date: | Hits: 111
....utside of Dhaka. Outside Dhaka, campuses, such as Rajshahi and Chittagong are functioning. According to section 4 of the Private Universities Act, 1992 (the Act, 1992) a University may be situated in any part of Bangladesh. As there is nothing in the Act, 1992 regarding setting up of campuses in oth....... বিমক/বেঃবিঃ/জি-১৫/৪৩১(২)/০৩/৬৬৮৯ dated 25.10.2009 issued under the signature of the Director, Private University Division to have been issued without lawful authority and also praying for direction upon the respondents to give approval to its outer c..
Category: Others | Date: | Hits: 197
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....l though a short one, is one of conÂsiderable importance, because of the different nationalisation legislations passed from time to time. The question is whether an employee of a Private Limited Company incorporated unÂder the Companies Act, which has been nationalised under the President's Order ...... (SC) 41, held that the dismissal order was challengeable in writ Jurisdiction and further found malafide in the dismissal order and so the order of dismissal was declared to have been passed without lawful authority. In order to appreciate the question before us we are first to see the legal charac..Category: Employment/Service Law | Date: | Hits: 104
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
.... Registrar of Cooperative Society. He referring to sections 83 and 86 of Samabaya Samity Ain, 2001 and Rule 159 of Samabaya Samity Bhidimala, 2004 submits that in case of criminal offence relating to any co-operative society being non-cognizable offence notwithstanding anything contained in the Code......aka who sent the petition of complaint to Tejgaon Police Station to treat the same as first information report. 19. Pursuant to section 86 of the Ain, 2001 the present complainant/informant had no lawful authority to file a petition of complaint. Thus initiation of the instant criminal case at th..Category: Criminal Law | Date: | Hits: 86
....ople about earthquake. In addition to the above measures, the Government has been trying to make available the proper rescue arrangement with its limited resource so that it can take proper steps, if any higher scale of earthquake hit the country.
8. This respondent also furnished a list of resÂ......he respondent to show cause as to why the inaction of the respondents to arrange sufficient rescue equipments in case of disaster caused by earthquake should not be declared to be illegal and without lawful authority and why a direction should not be given upon the respondents to arrange sufficient ..
Category: Constitutional Law | Date: | Hits: 211
....ence of Bangladesh under the provision of President's Order 16 of 1972 and the property vested in the Government. Nobody including the petitioner bank came forward to release the property and to make any claim and the Government having absolute right to transfer the property transferred the same by ......ndents to show cause as to why the impugned judgment and decree dated 14‑5Â-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that,..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....tioner submitted his reply on 29‑6‑2002 detailing the grounds and asserting that the copies of daily newspaper were regularly supplied to the respondent No. 2 and further stating that if there be any irregularity in the delivery thereof the writ petitioner will look into and ensure that the supp......€‘4/02/423 dated 4‑7‑2002 passed by the respondent No. 2 cancelling the declaration of "Dainik Uttarbanga Barta" evidenced by Annexure E to the writ petition, should not be declared to be without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-oppositio..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....‘3‑2001 (Annexure‑B to the petition) passed by the Additional District Judge, Court No. 2, Jessore in Miscellaneous Judicial Case No. 23 of 1990 should not be declared to have been passed without any lawful authority. 2. The petitioner's case, in short, is that one Mosammat Nurjahan Begum mot......‘2001 (Annexure‑B to the petition) passed by the Additional District Judge, Court No. 2, Jessore in Miscellaneous Judicial Case No. 23 of 1990 should not be declared to have been passed without any lawful authority. 2. The petitioner's case, in short, is that one Mosammat Nurjahan Begum mother ..Category: Trust/Waqf Law | Date: | Hits: 153
....ide his order dated 16‑4‑1997 dismissed the respondent No. 2 from service. Thereafter, the respondent No. 2 submitted a grievance petition on 26-4-1997 by registered post and having failed to get any favourable response filed the Complaint Case No. 4/97 in the Labour Court, Rajshahi praying for ......he matter was inquired into by three-member Inquiry Committee in which charge was established. His service record was also found to be unsatisfactory and, as such, he was dismissed from service, in a lawful manner by the order dated 16‑4‑1997. The petitioner No. 3 by filing an application raised..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....also Reported in: 56 DLR (2004) 624....... the respondent to show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance..Category: Business or Commercial Law | Date: | Hits: 271
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
...., the consequent Judgment and order passed by the learned Subordinate Judge and Artha Rin Adalat, Comilla is equally without lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, subm...... Order (Annexure-A) dated 24‑7‑96 passed, by the Subordinate Judge, 4th Court and Artha Rin Adalat, Comilla in Miscellaneous Case No. 20 of 1990 should not be declared to have been passed without lawful authority and is of no legal effect and or pass such other or further order or orders as to t..Category: Civil Law | Date: | Hits: 81
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....nt Act, 2006 and the Public Procurement Rules. 2008 and (d) the failure of the Respondents to refund/adjust the excess VAT deducted from the petitioners, invoices should not be declared to be without any lawful authority and are of no legal effect and to declare such action as unconstitutional and b......ely in writ petition Nos. 5337, 5354, 5355 and 5924 of 2009. 3. The petitioners in all the petitions are aggrieved by the arbitrary action of the respondents, as elaborated hereunder being without lawful authority and in violation of Public Procurement Act, 2006 (hereinafter as referred to as Act..Category: Fiscal/Taxation Law | Date: | Hits: 152
....hat the second execution case is well within time as it has been filed within one year from the Artha Rin Adalat Ain, 2003 came in force and the learned Judge of the executing Court has not committed any illegality in admitting the same.
6. We have examined the writ petition, affidavit-in-opposit......ection 28 (3) of the Artha Rin Adalat Ain, 2003. But the learned Judge of the executing Court has admitted the second execution case violating the law of special limitation, and as such it is without lawful authority.
5. On the other hand Ms. Nasrin Ferdous, the learned Advocate appearing for the..
Category: Civil Law | Date: | Hits: 107
....schedule of the execution case, failing which, it cannot be said that section 34(9) of the Artha Rin Adalat Ain, 2003 was complied with. It is the cardinal principle of interpretation of statute that any provision of law, which takes away the man’s freedom, should be construed strictly.
9. In v......g portion and therefore, the provision of section 34(9) of the Ain was not complied with and without such compliance, issuance of warrant of arrest was in clear violation of law and therefore without lawful authority.
6. On the other hand, Mr. Mohammad Ali, the learned Advocate for respondent No...
Category: Civil Law | Date: | Hits: 80
....
The appeal is dismissed.
Cases Referred to-
Mohammad Jamil Vs. Improvement Trust, Rawalpindi, 17 DLR (SC) 520; Secretary of State, represented by the Collector of South Arcot Vs. Mask and Company, Indians Appeals Vol. LXVII 222; Anisminic Ltd. Vs. Foreign Compensation Commission, 2 AC 147; S......d in the plaint.
17. The decision of the Court of Settlement thus reached finality. Its legal consequence is that the property vested in Government, which can own, possess and dispose of it in any lawful manner. The plaintiffs, who are heirs of late Mukhlesuddin Ahmed (applicant before the Court ..
Category: Property Law | Date: | Hits: 78
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
.... The petitioner was promoted to the post of Junior Accounts Officer on 6-4-2006. ThereÂafter, by a notification issued on 11-7-2007, Biman Bangladesh Airlines was converted into a Public Limited Company under the CompaÂnies Act, 1994. Accordingly, the Bangladesh Biman Corporation (Amendment) Ordin......No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh AirÂlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal effect. The petitioner also sought a declaration that he has a r..Category: Employment/Service Law | Date: | Hits: 111
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....espondent No.3 and 4 may be directed to pay cost and incidence to the petitioner." 7. Though the notices of the Rule were duly served upon the writ respondent-petitioners herein, they did not file any affidavit-in-opposition controverting the statements made in the writ petition. However, it appe......writ petition before the High Court Division challenging the letter vide Memo No. Moshi Bim/Sha-7/28/96-97(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitione..Category: Employment/Service Law | Date: | Hits: 119
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