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Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
.... paid to the accused petitioner by Mr. Md. Habibur Rahman himself, in the office of the accused-petitioner, when Mr. Ahmed Abdul Gani, another Assistant Director of the Sports Council, was also accompanying him. That, on 20.05.1999 another amount of Tk. 7,00,000/- (seven lac) was also handed over to......nd, as such, at this stage the impugned proceedings does not warrant interference by this Court. He also submits that the sanction dated 17.03.2008, accorded by the A.C.C. in this case, is absolutely lawful and the same was accorded after proper application of mind to the facts and circumstance of t..Category: Criminal Law | Date: | Hits: 111
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ary School and Musapur Purba Primary School as Ward Nos. 1, 2 and 3 respectively. The election was held on 6.2.92 in a peaceful atmosphere. There was no complaint before or after the voting regarding any kind of interruption, obstruction or disturbance in any of the centres. After the poll the ballo......rning Officer to the Election Commission which may warrant a fresh poll in ward No.3. He further submits that in the absence of any such report the Election Commission has acted illegally and without lawful jurisdiction, in issuing the impugned order for fresh poll to be held in the said ward. 7...Category: Election Law | Date: | Hits: 122
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ent Md. Monwar Hossain Dipzol by the Metropolitan Special Tribunal No. 7, Dhaka in Special Tribunal Case No.346 of 2007 and setting the said convict Monwar Hossain Dipzol at liberty, if not wanted in any other case. 2. Facts of the case, in short are that One A.S.I. Md. Asaduzzaman lodged a First......ed persons suggestion revealed the case of the petitioner that on the previous day a joint task force raided the house of the petitioner on 15.01.2007 and taken way all license of the arms and seized lawful ammunition from the house of the petitioner and later on 08.03.2007 no ammunitions were recov..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....3) retiring them forcibly from service under Section 9(2) of the Public Servants (Retirement) Act, 1974. The petitioners made several representations for withdrawal of the impugned orders but without any favourable reply, although verbal assurances have been given and in the premises they filed appe......is against fact and the orders of retirement have been passed mala fide and that the impugned order as passed by the Assistant Inspector General of Police is "ex-facie” illegal and void and without lawful authority" inasmuch as only the Government is competent to pass such order under Section 9(2)..Category: Employment/Service Law | Date: | Hits: 47
....land and subsequently sold the industry to M/s Drums Metal Limited. The share‑holders and the Directors of M/s. Drums Metal Limited were Pakistani nationals. On emergence of Bangladesh the said company was declared abandoned one under President's Order No.16 of 1972 and was taken over by the Gover......p; C/MEO/40‑3/Sha‑3/70, Annexure‑A, issued by Respondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a volumin..
Category: Property Law | Date: | Hits: 92
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the respondent No. 2 was an employee under the petitioners-Company. He, as complainant, filed BLL (Criminal) Case No.370 of 2010 before the respondent No.1 under s...... the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....ts department paid him an account payee cheque for Taka 56,791. On receipt of the aforesaid cheque he found that he was not paid the gratuity amount of Taka 49,193 as per the gratuity rule of the company i.e. respondent No.3. Then the petitioner sent a grievance petition on 3-8-2002 under registered......Complaint Case Nos.4/2002, 5/2002, 7/2002, 9/2002, 10/2002, 17/2002 and 20/2002 vide Annexure-A to the 1st Labour Court, Dhaka (the respondent No.2) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Labour and Industrial Law | Date: | Hits: 161
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....lously and also needs to be directed to fill up the posts having regard to the circular in the impugned area. 12. Mr. Reza further submits that the circular and the instructions have not contained any ambiguity to follow but the respondents have clearly violated those circular and instructions an......h, in appointing the Health Assistant for the Mativanga union of Nazirpur Upazilla, excluding the petitioner, being daughters of the Freedom Fighters, should not be declared to have been done without lawful authority and as to why the respondents should not be directed to appoint the petitioner in t..Category: Employment/Service Law | Date: | Hits: 91
....ow cause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to t......ause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this ..
Category: Civil Law | Date: | Hits: 147
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....ioner of Dacca dis‑allowing the petitioner's prayer for a certified copy of the order passed by it in a proceeding under Article 15 of PO 16 of 1972 must be held to have been made illegally without any lawful authority having no legal effect and it is accordingly set aside. The prescribed authorit......r of Dacca dis‑allowing the petitioner's prayer for a certified copy of the order passed by it in a proceeding under Article 15 of PO 16 of 1972 must be held to have been made illegally without any lawful authority having no legal effect and it is accordingly set aside. The prescribed authority un..Category: Property Law | Date: | Hits: 65
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....a Magistrate, First Class, on 23.06.1964 declaring that his son (writ petitioner) was actually born on 30.11.1946 and not 30.11.1942. The writ petitioner was appointed by the Ideal Life Assurance Company Limited as a probationer vide letter dated 2.7.1964 and was confirmed in his service vide letter......t Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 issued by the writ respondent No.3 praying for declaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declaration that the petitioner is legally en..Category: Employment/Service Law | Date: | Hits: 58
....ommissioner Rawalpindi, 1970 PLD (SC) 1; Sabitri Takurani Vs. Savi, 1921 AIR (PC) 80; Thakur Prasad Vs. Fakirulla, ILR 17 Allahabad 106; Neerala Tea Estwo Vs. Govt., 41 DLR 90; National Telephone Company Ltd. Vs. Postmaster General (1); Abul Khair Mia Vs. Abdul Latif Sardar, 32 DLR (AD) 167; Abdul......aid order dated 18.6.90 and 19.6.90 passed by the Upazila Nirbahi Officer annexed to the writ petition as Annexures‑“T” and "J" respectively should not be declared to have been made without any lawful authority and to be of no legal effect. A copy of the Writ Petition No.2551 of 1990 with anne..
Category: Civil Law | Date: | Hits: 87
....ttorney‑General, on the other hand, submits placing reliance upon Article 42 of the Constitution that no right having had accrued to the petitioners to have allotment of the alternative plots under any provision of the Emergency Requisition of Property Act, 1948 this Court has no power to exercise......en called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to provide plots to t..
Category: Property Law | Date: | Hits: 79
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
.... dated 11.10.2007 issued by the Registrar, Joint Stock Companies & Firms asking writ-petitioner No.2 (respondent No.2 herein) and one Ms. Lan-Sun Park nominee Director of writ-petitioner No.1 Company TaeHung Packaging (BD) Limited Paper Manufacturing Company to participate in the hearing before ......y her and that the writ petition was not legally maintainable. 5. The High Court Division upon hearing the parties made the Rule absolute declaring the impugned notice to have been issued without lawful authority and is of no legal effect on the finding, inter alia, that the Registrar may ask a ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ary for the month of June, 2002 he found his name in the monthly pay order (MPO) in the batch of lecturers in the scale of Tk. 6,150/-. Thereupon he made a representation to the authority but without any result and consequent upon which, he filed the petition seeking the above reliefs. 3. The col......rit respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading his monthly pay scale from Tk. 7,200/- to Tk. 6,150/- to be declared without lawful authority. According to the writ petitioner, he joined the Sahabuddin College, Fulbaria, Myme..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n in the case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Aiamgir, repotted in 62 DLR (AD) 290, held:- "the notice dated 18.02.2007, issued by the Secretary to the Commission, was without any lawful authority, as such, void and any proceedings based on the said void notice is a nullity i...... the case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Aiamgir, repotted in 62 DLR (AD) 290, held:- "the notice dated 18.02.2007, issued by the Secretary to the Commission, was without any lawful authority, as such, void and any proceedings based on the said void notice is a nullity in th..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....lates to the petitioner, Prof. Golam Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to......s to the petitioner, Prof. Golam Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... Tribunal issuing the warrant of arrest against the petitioner on 26-7-2010 and directing the police to produce him on 2-8-2010 are without lawful authority. The Tribunal is not empowered to commence any proceedings or pass any order in relation to the petitioner before submission of any formal char...... him three before on call. The above-mentioned orders of the Tribunal issuing the warrant of arrest against the petitioner on 26-7-2010 and directing the police to produce him on 2-8-2010 are without lawful authority. The Tribunal is not empowered to commence any proceedings or pass any order in rel..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....the purpose of constructing residential Quarters for the Dhaka Reporters Unit Multipurpose Co-operative Society Limited (Annexure-'D'). The Petitioners submit that this was done illegally and without any lawful authority. In this regard it is stated in particular that the concerned requiring body di......05 Pra (Annexure-'D') addressed to the Commissioner, Dhaka Division (Respondent No. 2) by the Deputy Commissioner, Narayanganj (Respondent No.3) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed ..Category: Property Law | Date: | Hits: 104
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... as defendants of the suit. The suit was transferred to the Artha Rin Adalat No.2, Dhaka (the Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8......ery of its decretal dues within the period of limitation as per provision of Limitation Act and the Ain. Therefore, the execution proceeding as well as the order for issuing of warrant of arrest is lawful and the rule is thus, liable to be discharged. 4. The petitioner filed a supplementary aff..Category: Civil Law | Date: | Hits: 83
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