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.... disposed of by this judgment.
3. In order to appreciate the issues raised, the facts of Writ Petition No.4454 of 2002 could be stated. The petitioner, Intertek Testing Services (BD) Ltd. is a company duly incorporated in Bangladesh under the Companies Act, 1994. It is engaged in the inspection a...... the penalty levied under the Pre-shipment Inspection Order, 1999 and in rejecting the appeals presented against such orders of penalty are hereby declared to have been passed and/or made without any lawful authority and hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....spondent No. 2 incurred the displeasure, dissatisfaction and grudge of the petitioner. It was resolved in a meeting held on 19‑1‑1979 between the representatives of the CBA and the petitioner-company that the management of the petitioner company would pay Taka 10,000 to each worker towards profi......of the activists are set out as under: "The actions committed and incited by the named activists, jointly and severally, were criminal offences. These criminal offences, amongst others, included unlawful assembly, attempts at physical assault, wrongful restraint, wrongful confinement, show of cri..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
.... petitioner, having placed the petition before us filed under section 561A of the Code along with the annexure submits (1) that the petitioner was not named in the FIR as because he has not committed any offence (2) that, the allegations made in the charge sheet against this petitioner, if considere......ven could have implicated the subsequent buyer of the shares as abettor, which they did not for the obvious reason that the act of transfer of shares or of any other property acquired by valuable and lawful consideration does not, in any way, constitutes any offence in the eye of law. So, both trans..Category: Administrative Law | Date: | Hits: 173
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....al employees of BFCC be administered under a uniform regime and that the contractual employees be absorbed in the service of Biman. Alternatively, the committee recommended to convert BFCC into a company and administer all its employees according to the Company Law. But strangely enough, no positive......f Bangladesh Biman Corporation who were transferred from the Cabin Facilities Department to the newly-established BFCC and the newly-recruited employees of BFCC should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to regulari..Category: Employment/Service Law | Date: | Hits: 145
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....sued by this court on the respondents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawful authority and of no legal effect and why the petitioner should not be declared as Cha......tion of Malonchi Union Parishad and as such it is necessary to pass an order holding that the declaration of the Respondent No.1 as Chairman of Malonchi Union Parishad has been made without any lawful authority and of no legal effect. 3. The respondent No.1 entered appearance by filing powe..Category: Election Law | Date: | Hits: 171
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....ave purchased 17 1/2 decimals of land out of C.S. plot No.1566 from the lawful heirs of Chandra Nath Mondal. In the written objection it has been specifically stated that Rahim Box did not purchase any land of C.S. plot No. 1566 and as such neither Rahim Box nor his heirs ever possessed any land......road. While the application for temporary injunction was pending the petitioners filed written objection claiming that they have purchased 17 1/2 decimals of land out of C.S. plot No.1566 from the lawful heirs of Chandra Nath Mondal. In the written objection it has been specifically stated that..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the spirit of Article 24 of the Constitution. (c) There was no people’s participation except some show meetings which were managed through manipulation. The local people were not at all afforded any opportunity to submit their objections and, thus, the aggrieved people have been deprived of the......alling upon the respondents to show cause as to why all the activities and implementation of ‘FAP-20’, undertaken in the District of Tangail should not be declared to have been undertaken without lawful authority and of no legal effect and or such other order or further orders passed as to this ..Category: Environmental Law | Date: | Hits: 1051
.... also Reported in: 50 DLR (HCD) (1998) 79.
......ny Ltd. calling upon the respondent No.1 to show cause as to why impugned order/letter dated 11-10-92 (Annexure-R) issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....ion No.1840 of 1994 calling upon the respondents to show cause as to why the impugned Memo No. 648-Justice-7/2N-98/80 dated 17-8-94 should not be declared to have been issued, made and passed without any lawful authority. 3. The Rule was issued in Writ Petition No. 1429 of 1995 calling upon the r......No.1840 of 1994 calling upon the respondents to show cause as to why the impugned Memo No. 648-Justice-7/2N-98/80 dated 17-8-94 should not be declared to have been issued, made and passed without any lawful authority. 3. The Rule was issued in Writ Petition No. 1429 of 1995 calling upon the respo..Category: Civil Law | Date: | Hits: 90
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
....pliance with the said notice he appeared before the respondent No.4 and obtained 15 days’ time and thereafter filed this case. On going through the said notice we find that there is no reference of any case in that notice in connection with which petitioner was asked to produce his documents. Sect...... by the respondent No.4 in an unauthorised manner. In the result, the Rule is made absolute without any order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997..Category: Criminal Law | Date: | Hits: 60
....h he availed the alternative remedy, but failed on technical grounds. Lastly, the respondents are estopped from claiming that the property is an abandoned property.
8. The respondents did not file any affidavit‑in‑opposition, but appeared, through the learned Assistant Attorney‑General, who......ted 23-9-96 under the heading ‘Khulna District’ serial No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in shor..
Category: Limitation Law | Date: | Hits: 175
.... and the University itself to show cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing...... the University itself to show cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
.... the CR case No.226/92 of the Court of Sadar Magistrate, Gopalgonj, pending hearing of the Rule, from another Bench of this Court. 5. It appears that the accused petitioner did never appear before any Court either the Court below this Court issuing the Rule in obedience to the processes, particul......f Mr. AK Khan Vs. Chairman, Second Labour Court of East Pakistan and others reported in 25 DLR 192 as follows: “7. The Court of law is not a respecter of any person. When a Labour Court passes a lawful order in respect of anybody it is expected that he should, however big he might be, respect t..Category: Criminal Law | Date: | Hits: 70
....ed disjunctively and also one of the grounds, namely, maintenance of law and order was not within the ambit of Rule 5(1) of the Emergency Powers Rules and so the order of detention was passed without any application of mind of the detaining authority.
4. Mr. Pal, the learned Counsel appearing o......has already pronounced its decision saying, that the Constitution has cast a duty upon the High Court to satisfy itself, that a person in custody is being detained under an authority of law or in a lawful manner. The purpose of the Constitution is to confer on the High Court the power to satisfy..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....,49,541/-as taxes on source, but the same was paid before submitting the statement. Consequently, he submitted statement of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally...... circumstances, the Appellate Division held therein- "45. Under the circumstances, we are of the opinion that the notice dated 18-2-2007, issued by the Secretary to the Commission, was without any lawful authority, as such, void and any proceeding based on the said void notice is a nullity in the..Category: Criminal Law | Date: | Hits: 108
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....ction 3(2) of the Special Powers Act directed that the detenu be detained in custody for a period of 30 days on the ground that it was necessary to detain him with a view to preventing him from doing any prejudicial act within the meaning of Section 2(f)(iii)(iv)(v)(vi)(vii) and (viii) of the Specia......ddin Dewan of Goshala Bazar (Tumal Quarter), P.S. and District Lalmonirhat should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 3. The petitioner has stated in her petition that the ..Category: Criminal Law | Date: | Hits: 66
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....n on 10.2.88 was held therein peacefully in accordance with law from 8 A.M. to 5 P.M. The Presiding Officer after counting of votes of Chairman-candidates prepared his report without objection from any corner. But while he had started counting of votes of member candidates some goonda elements s...... No.1, namely Annexure 'C purporting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling station, only for the office of the members, should not be declared to have been issued without lawful authority and is of no legal effect and that a direction should not be given to the Respond..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....the respondents to show cause why the impugned order being Memo. No. Sec. 1/18-56/86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner with others formed a coo......fication does not follow. The impugned order apparently suffers from the said defect. For all the above reasons, we hold that the impugned order has been passed without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs..Category: Civil Law | Date: | Hits: 87
....judgment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The respondent No. 2 as first party insti......ment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The respondent No. 2 as first party institute..
Category: Labour and Industrial Law | Date: | Hits: 192
....notification dated 28.4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased th......fication dated 28.4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the la..
Category: Property Law | Date: | Hits: 171
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