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Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....is not being held in custody without lawful authority or in an unlawful manner. 2. The Secretary, Ministry of Home Affairs was directed to file, by making affidavit, attested copies of reports, if any, from its agencies regarding prejudicial activities of the detenu on the basis of which the deta......rintendent of Dhaka Central Jail, Dhaka to show cause why the detenu Mahbubur Rahman 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. The Secretary, Ministry of Home Affairs was directe..Category: Criminal Law | Date: | Hits: 81
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....ade a reply thereof on 27.7.85, but the same being not satisfactory, the respondent No.2 terminated the petitioner's service instead of dismissing him from service. The respondent No.2 did not adduce any evidence before the Labour Court, but produced only one paper Exhibit‑E which is marked as Ann......isi was issued calling upon the respondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, Dhaka should not be declared to have been passed without lawful authority and to be of no legal effect. The case of the petitioner in short is that he was..Category: Labour and Industrial Law | Date: | Hits: 148
....b-rule (2) of Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975 he is entitled to continue to function as Nikah Registrar for all the Wards. He also states that he was not given any opportunity of hearing before the impugned orders were made. In his supplementary affidavit to t......ndents to show cause as to why the order dated 10-6-98 (Annexure-A) of the respondent No.3 and order dated 17-6-98 (Annexure-B) of the respondent No.2 should not be declared to have been made without lawful authority and is of no legal effect. And in Writ Petition No.1927 of 1998 a Rule Nisi was als..
Category: Civil Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....wife; kabinnama mentioned in the plaint is collusive and forged: though both the parties are residents of PS Chouddagram, the marriage was solemnised and registered within PS Barura in the absence of any of the relations of the bride; the affidavits allege sworn in by the bride before the Notary Pub......Adam and Howa (Eve) were sent down to earth, the command of Allah to them was “go and multiply”, and to do that the 2(two) i.e. husband and wife, are to live together. 20. Where a wife without lawful cause ceases to cohabit with her husband, the husband may sue the wife for restitution of con..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
.... learned Advocate appearing for the petitioner submits that the petitioner in his written statement denied all the material allegations made in the plaint contending further that never there had been any valid marriage between the parties; alleged marriage had never been solemnised by anybody in pre......ution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully weeded couple and directed the defendant to pay a sum of Taka 5,000.00 to the plaintiff as ..Category: Family Law | Date: | Hits: 166
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
.... catechu on 19.7.54 Ext. 19(g), 44 bags of catechu on 7.11.54 Ext. 19(c), 11 bags of catechu on 11.11.54 Ext. 19(d), and 24 bags of catechu on 18.11.54 Ext. 19(f) from their commission agent Jain company who purchased the same from various importers such as Dada Limited & others and out of the s......m his godown at Kushtia Bazar as per detention memo Ext.1 on suspicion; that at the time of the seizure as well as before the Collector of Central Excise and Land Customs sufficient proof as to their lawful possession by the plaintiff was placed but they totally ignored them; that out of the 12 item..Category: Fiscal/Taxation Law | Date: | Hits: 125
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....ers to show cause as to why order dated 30-8-98 so far as clause No.6 of that order was concerned and order dated 20-12-98 of the said Bank should not be declared to have been made and issued without any lawful authority and of no legal effect. At the time of issuance of the Rule Nisi operation of t......to show cause as to why order dated 30-8-98 so far as clause No.6 of that order was concerned and order dated 20-12-98 of the said Bank should not be declared to have been made and issued without any lawful authority and of no legal effect. At the time of issuance of the Rule Nisi operation of the i..Category: Criminal Law | Date: | Hits: 69
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
....ade without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing the petition and other materials on record, submitted that petitioner not being guilty of any of the misfeasance and non-feasances mentioned in sub-section (1) of section 32 of the Waqfs Ord......zrat Malek Shah Pir Yeameni (R) Mazar Waqf Estate and appointing respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing th..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....it which was filed with a mala fide motive, as such, liable to be rejected in limini. Besides, it is contended that the notice for tender specifically stated that the concerned authorities may cancel any tender without assigning any reason. 4. At the suit the learned Judge considered the followin......ng issues: (i) Is the suit maintainable in its present form? (ii) Is the suit barred by the law on limitation? (iii) Is the impugned order dated 4‑8-1992, rejecting the tender, without lawful authority? (iv) Is the plaintiff entitled to purchase the disputed land and entitled to ge..Category: Civil Law | Date: | Hits: 82
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
.... that the detention order has been issued with mala fide intention so that he cannot be released from custody though he has already been enlarged on bail. He further submits that the detenu is not in any way involved in breaking and trampling the photograph of the Prime Minister and that the detenu ......posite parties to show cause as to why the detenu Advocate Md. Matiar Rahman 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 or such other or further order or orders passed as to this..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....y General, appearing for the petitioners, has contended that the High Court Division failed to appreciate that the direction sought by the writ-petitioner in the writ petition was beyond the scope of any law, rather it was contrary to the scheme of the Service (Reorganization and Conditions) Act, 19......etitioner No.2 (annexure-L to the writ petition) refusing re-fixation of the pay scale of the writ-petitioner to the scale of the driver of the Supreme Court of Bangladesh to have been issued without lawful authority and is of no legal effect and also for direction upon the present petitioners (re..Category: Employment/Service Law | Date: | Hits: 86
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....the respondents to show cause as why judgment and order dated 22-11-98 passed by the respondent No.1 in Interpretation Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment ......respondents to show cause as why judgment and order dated 22-11-98 passed by the respondent No.1 in Interpretation Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment lear..Category: Labour and Industrial Law | Date: | Hits: 168
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... quashed. 7. To appreciate the contention of the petitioner provision of section 3 of the Act may be reproduced. 8. Provision of section 3 of the Act reads as follows: 3. (1) Notwithstanding anything contained in the Police Act, 1861, the Government may constitute a Bureau to be called the ......) of the Act being unauthorised one and consequently case that has been started on the basis of the unauthorised prosecution report or, in other words, on the basis of the materials collected without lawful authority continuation thereof is abuse of the process of the court. From the provision of se..Category: Criminal Law | Date: | Hits: 62
....ctively as Nikah Registrar of the said two wards are under challenge in this Rule. Respondent No.4 filed an application for vacating the order of stay but no affidavit-in-opposition has been filed by any of the respondents.
3. In Writ Petition No.2162 of 1998 by memo dated 16-7-98 (Annexure-A) an......ointment of Nikah Registrar directly without the applications being processed through the District Advisory Committee and, as such, appointment of the concerned respondent of that Rule is without any lawful authority. In this Rule and some other Rules appointment of the respective respondent as temp..
Category: Civil Law | Date: | Hits: 89
.... and Manpower with effect from 2-6-84 and ever since he had been discharging his duties and responsibilities honestly and sincerely to the satisfaction of his superiors. His service record is without any spot and any adverse remark. While 4 the petitioner was serving as Controller of Vagrancy he was......SS/S-11/896(1) dated 11-4-94 (Annexure “I”) arising out of an order contained in notification No.S-IXIE-38/84-515 dated 18-6-84 (Annexure “D”) should not be declared to have been made without lawful authority and to be of no legal effect and why a direction should not be issued upon the resp..
Category: Employment/Service Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
.....6.86 he went home on leave to celebrate Eid and on 14.6.86 he returned to Tangail and resumed his duties. 3. Thereafter the Enquiry Officer without giving the petitioner an opportunity to examine any witness submitted a report against the petitioner. On the basis of the said report, the responde...... Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: The pet..Category: Employment/Service Law | Date: | Hits: 65
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
.... of Union Rules, 1983 because there was no proper distribution of population. The petitioner has stated that as per rule 2(1)(b) of the aforesaid Rule objection and suggestions have to be invited and any alteration of the area of the proposed union or alteration of such limits of the existing union ......2, Deputy Commissioner, Comilla with the approval of respondent No.1, Secretary, Ministry of LGRD & Co‑operatives, Secretariat Building, Dhaka should not be declared to have been issued without lawful authority and to be of no legal effect. 2. It has been stated in the petition that the pet..Category: Election Law | Date: | Hits: 137
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
.... land was entitled to continue with his leasehold right on payment of usual rent. 3. The plaint case is that the suit land was leased out to Messers North Bengal Sugar Mills Ltd. But, the said company did not fulfil the terms of the lease for which defendant No. 1, namely, the Government of Bangl......abandoned property and the plaintiff's existing structures were illegal. The letter dated 25‑8‑1975 cancelling the plaintiffs leasehold right over the suit land was illegal, mala fide and without lawful authority. The plaintiff raised the suit land and made construction therein by spending Taka ..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....evealed that a boy named Md. Nazrul Islam, son of Arshad Ali of village Tengrakhall, Police Station Shyamnagar, District Satkhira, being convict No.1755/86 had been in custody for a long time without any case. The news item disclosed that he was involved in several criminal cases including a gang ca......ange from 8 to 12 years which is on the face of it malafide and void ab initio and since all the subsequent actions and proceedings taken against him have already been found by us being taken without lawful authority and illegally, we are of the view that this Court can rightly exercise its jurisdic..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
.... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Power Grid Company of Bangladesh Ltd…………………......Petitioner Vs. Rowshon Ara Begum and others…......but opined that the lands acquired having not been specified and demarcated the acquisition was not legal and consequently the High Court Division declared the acquisition in question without any lawful authority and of no legal effect. 8. Being aggrieved by this judgment and order of the Hig..Category: Property Law | Date: | Hits: 81
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