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Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....o.8 and stated that there was no proper election at the said centre after 10 A.M. In annexure Y it is found that one Md. Ziaul Islam, another contestant to the said post, filed an application without any date to the Election Commission praying for a re-poll at the aforesaid centre. The Secretary to ......e Election Commission orderÂing a re-poll at Chouhat Primary School centre, in addition to the list furnished by the District Election Officer, Dhaka, shall not be declared to have been made without lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed..Category: Election Law | Date: | Hits: 167
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... dated 2.1.91 passed by the Chief Commercial Manager, Railway and not to disturb with the functioning of the plaintiff as per licence dated 26.6.88 in doing his catering activities peacefully without any interference. The Court in allowing the temporary injunction made the ad interim injunction pass......terest coupled with a grant which would make the licence irrevocable and in the instant case this question of revocability cannot arise because the cancellation of the contract is prima facie without lawful authority. On the merits of the case he has submitted that as per agreement the amounts that ..Category: Civil Law | Date: | Hits: 72
....retary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Habibullah is a citize......ry, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Habibullah is a citizen of..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....ion of this detenu was extended further for a period of 3 (three) months with effect from 1.11.88 vide Annexure 'K' and 'Z' and thereafter there is no order either of extension of the detention or of any fresh detention passed by the detaining authority. It is alleged in the petition that the detenu......di, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may satÂisfy itself that the detenu is not being held in custoÂdy without lawful authority or in an unlawful manÂner. 2. The petitioner's case, in short, is that he is a ..Category: Criminal Law | Date: | Hits: 60
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
.... comprised of a pond. Other lands comprised of orchard and 'Nal' land. After marriage of said two daughters of Tabarakullah, Shafiullah and Mobarakullah jointly possessed and enjoyed the land without any partition by metes and bounds. 9. After death of Shafiullah, the preemptors continued jointly......1 to 4 became co-sharers by exchange in the case holding and, if so, would right of preemption not be available against such co-sharers? (2) Was the deed of exchange dated 10‑7‑96 exhibit-Ka a lawful and valid transaction? and (3) Whether the right of pre-emption was barred by waiver, esto..Category: Property Law | Date: | Hits: 71
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d) To pass a decree restraining the defendant No.1 from mutating the shares of M/s NV Philips defendant No 6 in favour of M/s Transcom Limited the defendant No.7 in the share Register of the Company.
e) To pass a decree restraining the defendant No.7 from purchasing the shares of M/s NV Phil......t that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mala fide.
b) To pass a decree declaring that the ..
Category: Company Law | Date: | Hits: 181
....fter filed the case No.668 of 1988 (Ka‑62‑Block‑F, Joint Quarters, MohammadÂpur, Dhaka) in the Court of Settlement of BanglaÂdesh Abandoned Buildings, Dhaka.
4. The Government did not file any written statement in the case but contested the same at the hearing mainly on the ground that th......23, 1986 in Bangladesh Gazette Extraordinary at page 9762 (26) against serial number 62 under the caption "Name of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Se..
Category: Property Law | Date: | Hits: 81
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....o Salimullah Hall. 2. Initially, a Rule Nisi was issued on 3‑2‑2003 calling upon the respondents to show cause why the said resolution should not be declared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding ......limullah Hall. 2. Initially, a Rule Nisi was issued on 3‑2‑2003 calling upon the respondents to show cause why the said resolution should not be declared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding futu..Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n of the respondent No.1 that the said SA Record was wrongly prepared in the name of the zamindars and their heirs. The respondent No.1 draws a picture of a rent into the canal area over a period of many years by unscrupulous persons and, in that context, states that the then landlord never settled ......spondents to show cause as to why the notice issued in Miscellaneous Case No. 20 of 2002‑2003 by the respondent No.3 (as contained in Annexure‑'I') shall not be declared to have been made without lawful authority and is of no legal effect and or such order or further order or orders passed as to..Category: Property Law | Date: | Hits: 113
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....er opened irrevocable letter of credit on 17-Â11‑2003 when the import of Iron and Steel Rerollable Scraps by the commercial importer was permissible, as such, the petitioner cannot be subjected to any kind of suffering for no fault on his part, the impugned order is liable to be declared to have ......er LC No.1945‑03‑1‑1838 dated 17‑11‑2003 on the plea of restriction imposed vide public notice No.71(97‑2000)/Import dated 27‑1‑2004 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: Fiscal/Taxation Law | Date: | Hits: 111
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....d to have been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petitioner are that Shaw Wallace Bangladesh Limited, is a private Limited Company engaged in the business of shipping agents, characters, etc. The respondent No.1 was an employee......Hasan J.- This Rule was issued calling upon the respondents to show cause why impugned Judgment (Annexure-J) dismissing the appeal of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petition..Category: Labour and Industrial Law | Date: | Hits: 255
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
.... the Ordinance the Registrar can pass an award in respect of immoveable property which will have the effect of a final mortgage decree of the civil Court. Under section 89 of the Ordinance in case of any complicated question of law and fact involved in the dispute, Registrar may stay the proceedings......-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societies and Arbitrator in Dispute Case No. 3 of 1992 (Industry) (Annexure G) shall not be declared to be illegal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....favour of the elected candidate described as "Jarapsani No.1 and at polling station No.15 Mullapur Government Primary School Centre and at No.16 Centre, being Paton Government Primary School Centre, many voters of the petitioner could not vote because of the activity of the Tarapsani No.1. Further, ...... entire election to be void. 6. In the election case, the petitioner filed written objection denying the material allegations made therein asserting that the polling and counting of the votes were lawful and there was no illegality as such and the election petition is liable to be dismissed. On 6..Category: Election Law | Date: | Hits: 188
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....ur of Amar Chandra Saha in iespect of Ka schedule land in India. In this connection it deserves mention that Sagiruddin eldest son of Akbar Ali and other sons and daughters of Akbar Ali did not raise any objection for execution of power of attorney in favour of Sagiruddin for effecting exchange of â......versity being weighty and reliable documentary evidence. So from this fact both the Courts believed that plaintiff opposite party came to this country as minor and the defendant petitioner became the lawful trustee in respect of acquiring property. 13. When the members of a Mohammedan family live..Category: Property Law | Date: | Hits: 74
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....e same was solemnised by a Moulvi and then there was consummation of the marriage and she was cohabited by the said accused Nurul Islam @ Nurul for a few days but she was not sexually intercoursed by any other person and that because of enmity, her father lodged the FIR against the accused persons w......r father's house, accompanied her paramour Nurul Islam and got herself married with him and thereafter allowed her to be sexually intercoursed. So, there was no question of her taking away out of any lawful guardianship of her parents without their consent for the purpose of any illegal marriage or ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....n then he would not have to his credit actual two years ACR meaning 24 months actual service till August 1985. In the fact above we do not find that the respondent Authority had acted in violation of any law or mala fide in not considering petitioner's case for promotion this time." 12. Although ...... order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, Bangladesh Inland Water Transport Authority should not be declared to have been made without lawful authority and are of no legal effect. 2. In Writ Petition No.110 of 1998 Rule Nisi was iss..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....ibunal Appeal No: 282 of 1978 before the Appellate Tribunal and the said Tribunal by Judgment and order dated 9-12-82 acquitted all the appellants and as against the respondent (State) did not prefer any appeal. 7. It is stated that the petitioner is innocent. He had no involvement in the case an......etitioner under sections 304, Part 1/34 of the Penal Code read with section 26 of the Special Powers Act, 1974 in Special Tribunal Case No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... discharged. Cases Referred to- Patel India (Private) Limited Vs. Union of India, AIR 1973 (SC) 1300; Shiv Shanker Dal Mills Vs. State of Haryana and others, AIR 1980 (SC) 1037; Khardah and Company Limited Vs. Union of India and others, 1983 ELT 2159 (Cal); AIR 1949 (PC) 297. Lawyers Involv......and decision of the National Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of Tab 83,95,364.75 (Annexure-I) to the petition should not be declared to have been made without lawful authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at t..Category: Fiscal/Taxation Law | Date: | Hits: 164
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....r of the National Committee on Chittagong Hill Tracts (NCCHT) and the Chairman of The Parbottya Chattragram Jana Shanghati Samity (PCJSS) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As i...... the National Committee on Chittagong Hill Tracts (NCCHT) and the Chairman of The Parbottya Chattragram Jana Shanghati Samity (PCJSS) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As it ap..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....ik Samity and the dissolution of the executive committee of the Mymensingh Dhaka Coach Malik Samity by the Additional Secretary of the Bangladesh Sarak Paribahan Samity is totally illegal and without any lawful authority and that being the position the courts below committed no illegality deciding t...... whose term had expired 6 months earlier, and therefore, no such legal committee could extend its own life with retrospective effect from 2 years to 3 years. And those arbitrary and high handed and unlawful acts of the plaintiffs have caused colossal damage to the spirit and image of the Samity and ..Category: Civil Law | Date: | Hits: 85
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