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Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....iewing the earlier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Director of Land Records has not been vested with any statutory power to entertain and dispose of any review petition and as such his order is liable ......08 of 1986 is directed against the impugned order dated 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law havi..Category: Property Law | Date: | Hits: 73
....er contained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner, Kazi Shafiul Na......ontained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner, Kazi Shafiul Nasher..
Category: Civil Law | Date: | Hits: 159
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ...... a writ petition filed at the instance of the accused respondent declaring an order of the Chief Metropolitan Magistrate freezing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this peti..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....ficer and because of this change, the status of the writ petitioners was changed and they were barred from taking part in trade union activities and also from getting overtime allowance for doing any job overtime, that means beyond normal working time. (b) The change of designations were ......forma respondents to show cause as to why the impugned decision passed by pro forma respondent No. 56, Ministry of Industry dated 19 October, 2004 should not be declared to have been issued without lawful authority. 5. The facts as stated by the respondents in the writ petition are as under: ..Category: Employment/Service Law | Date: | Hits: 85
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....f for storage of the containers and thus the defendant-petitioner hereof having no privity of contract or relationship with the plaintiffs and there being no cause arose relating to transportation of any goods in suit containers or any dispute as to any payment to the ship, the suit as framed and fi......sions of section 3 of the Admiralty Court Act, 2000 and that there is no privity of contract between the plaintiffs and the defendant-petitioner hereof and that the defendant-petitioner hereof are in lawful possession of the containers and that the principle cogent of the plaintiffs, the defendant N..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....inance No. V of 1985). 6. Sub‑sections (1), (2) and (3) of section 3 of the Public Servants (Dismissal on Conviction) Ordinance, Ordinance No. V of 1985 reads as follows: "(1) Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation, bye‑la......e why the Memo No.PSB (Pra) 1st‑11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: He was ..Category: Employment/Service Law | Date: | Hits: 67
....perty. Then they made representations to the various authorities including the Sub‑Divisional Officer, Sadar (South) Dhaka for releasing and restoring the disputed house in their favour but without any effect. Thereafter, in pursuance of the Abandoned Building, (Supplementary Provisions) Ordinance......titioners prayed for a declaration that the inclusion of the property in the Bangladesh Gazette Extraordinary dated September, 23, 1986 at page 9762(61) serial No.2 as abandonment property is without lawful authority with a further prayer for declaring the judgment and order passed by the Court of S..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....why the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are ......the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as f..Category: Employment/Service Law | Date: | Hits: 177
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....ing to early civil law the consent of the parties was sufficient; but it seems doubtful, whether under the early English common law a marriage without a minister was valid. In this country, however, many States have adopted the view that a marriage may be valid even without a ceremony before third p......ed to be married.” Quoting Fatawa Alamgiri in Abdul Kaidr V. Salina, (1886) 8 All. 149(155) it is stated, “also for the solace of life; one of the prime and original necessities of man. Therefore lawful in extreme old age after hope of offspring has ceased and even in the last or death illness...Category: Family Law | Date: | Hits: 318
....o in section 16."
"16. Acting Chairman.‑(1) If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, a member elected by the Union Parishad from amongst the elected members shall act a......r dated 3.12.91 (Annexure E) passed by the Chief Election Commissioner and the Election Commissioner, refusing to stop the aforesaid election schedule should not be declared to have been made without lawful authority and to be of no legal effect.
2. In this petition the petitioner has stated that..
Category: Election Law | Date: | Hits: 129
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....enu Modhuthara Sim Bhikku now detained in Cox’s Bazar District Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. The learned Advocate for the petitioner submits that the detenu is Modha......Modhuthara Sim Bhikku now detained in Cox’s Bazar District Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. The learned Advocate for the petitioner submits that the detenu is Modhathar..Category: Criminal Law | Date: | Hits: 55
....i No.3325/AP/Group‑10/97‑98. Annexure-A to the Writ Petition). This unexplained inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
...... (Annexure-B) and Memo No.2(9)Cus‑5/94/2042 dated 16‑10‑97 issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts relevant for the purpose of disposal of this..
Category: Business or Commercial Law | Date: | Hits: 209
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....nment called for various documents, such as, her title deed, nationality certificate, non‑option certificate, etc. and she duly produced all documents to the Government. The Government did not pass any specific order releasing the said property and the matter is, according to the petitioner still ......a' list of abandoned properties vide notification in the Official Gazette which has already been referred to above. According to the petitioner, the above enlistment is absolutely illegal and without lawful authority as the disputed house does not answer to the description of abandoned property as d..Category: Property Law | Date: | Hits: 75
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....e for constituting an ad‑hoc committee. But instead of constituting an ad‑hoc committee a Special Committee was constituted by the Board for one year approved by the Ministry of Education without any lawful authority. 3. The respondents filed affidavit‑in‑opposition denying the material a......r constituting an ad‑hoc committee. But instead of constituting an ad‑hoc committee a Special Committee was constituted by the Board for one year approved by the Ministry of Education without any lawful authority. 3. The respondents filed affidavit‑in‑opposition denying the material alleg..Category: Civil Law | Date: | Hits: 89
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....ees. This evidence is also with regard to the fact that the property was taken over in 1969 as enemy/vested property. 8. As regards documentary evidence it appears that the plaintiff submitted so many documents in order to prove her case. Exts. 1 (Ka) are the two registered kabalas in favour of t......nt should take proper steps for releasing the property in favour of tile plaintiff immediately in as much as it is no more an enemy property in the eye of law and tile defendant‑respondents have no lawful authority to keep possession of the suit property anymore. In this connection we may refer to..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....rt Division wrongly considered the amended provision. Section 12 as stood on the date of acquisition reads as follows: "12. Abatement or Revocation of Acquisition Proceedings.- (1) Notwithstanding anything contained in this Ordinance, where in any case compensation has not been paid or deposited ......de the rule absolute but it did not declare the impugned Gazette Notification, annexure-S to the writ petition, canceling the acquisition of the disputed property in L.A. Case No.1 of 1989-90 without lawful authority and also did not give direction upon the Deputy Commissioner to declare the acquisi..Category: Property Law | Date: | Hits: 93
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....on the averments, inter alia, that two of them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of M/S. Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26.06.1964 holding 1,04,265 shares out of a total of 1,70,000 shares in...... taking over the industrial unit as an abandoned property under P.O.No.16 of 1972 the appellants could not claim the shares of the said company or the industry itself/ the shares of which having been lawfully vested in the Government. The' Bangladeshi shareholders of M/S. Bella Artifitex Industries ..Category: Business or Commercial Law | Date: | Hits: 195
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....e final decree and that before making final decree the preliminary decree for partition on the basis of a solenama being an unstamped memorandum of a partition cannot be admitted in evidence even for any purpose. It appears that an Advocate Commissioner was appointed to submit a report and objection......on on thorough discussion remanded the case to the trial Court for rehearing on the Advocate Commissioner's report for deciding the actual area of the suit khatian and upon considering the report, if lawful, accept the same in evidence. That suit shall not abate for non-substitution of a dead party ..Category: Property Law | Date: | Hits: 64
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... the first and second class employees of the Academy was no changed and as the provision of section 18 of the Act X of 1990 provided for delegation of power of the Board to the Director General or on any officer of the Academy, the present Director General of the Academy endeavoured to get such dele......ney of the Academy while he was Class III employee of the Academy discharging his duty as Cafeteria Manager of the Academy. The learned Advocate Mr. Ahmed further argues that the petitioner have been lawfully dealt with in the departmental proceeding as all the requirement of domestic proceeding has..Category: Employment/Service Law | Date: | Hits: 64
.... the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) ......k to comply with the recommendations of the said Committee of Estimates dated 17.4.2001 should be complied with by the respondents Nos.2 and 3 and that the actions of Agrani Bank are illegal, without lawful authority and in breach of section 9(1) of the said Order whereupon the High Court Division b..
Category: Civil Law | Date: | Hits: 77
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