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Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
.... further case of the appellant that this mandatory injunction as allowed and ordered by the Court below is misconceived because under the provision of Ordinance 24 of 1970 an appeal would lie against any order passed by the Government evicting a trespasser, which was not done. 4. The case of the ......refuses or fails to vacate the land, building or part thereof in his occupation within the time fixed then notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Deputy Commissioner to enter upon such land, building or part thereof and recover kha..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....served thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid: Provided that nothing in this clause shall prevent a woman from being elected to any of the seats provided for in clause (2)’’. Clause (3) of Article 65 of the Constitution b......on Commissioner to show cause why the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made without lawful authority and to be of no legal effect, The impugned Gazette Notification dated March 10, 199..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....স্থিতিতে অভিযোগ গঠন করা হইল। 9. Accused petitioner, however, on 19.5.91 went to the Dhaka Central Jail and volunteered to be detained if there was any order of detention or any proceeding pending against him. On that very day (i.e. on 19.5.91) the......inistry of Home Affair's Gazette Notification No.500: Saw: Ma (Nira‑3) dated 23.1.91 (Annexure‑A) pending before the Special Tribunal No.3, Dhaka should not be declared to have been taken without lawful authority and to be of no legal effect. 3. In Writ Petition No.947 of 1991 at the instanc..Category: Criminal Law | Date: | Hits: 88
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....ules in writ petition Nos.1046 and 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is of no legal effect and further directing the petitioners to restore all ...... in writ petition Nos.1046 and 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is of no legal effect and further directing the petitioners to restore all civi..Category: Property Law | Date: | Hits: 92
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....nding disposal of the Title Suit No.88 of 2010 as well as awaiting report of the enquiry commission. The High Court Division rejected the application in absence of the Senior Counsel without giving any adjournment and directed to hand over the property in question. Because of the vacation of the......M Mostafa filed Contempt Petition No.156 of 2009 (arising out of Writ Petition No.2272 of 2005) before the High Court Division for drawing up proceeding for Contempt of Court for willful disregard of lawful direction passed by the Court in the judgment and order dated 03.05.2005 in Writ Petition No...Category: Others | Date: | Hits: 118
....ce.
6. Mr. Mohammad Ali further assails the action of the Municipal Corporation to construct the pillars on the ground that no person or authority within Municipal Corporation can build, construct any building or structure of the present description without complying with the provision of Buildin......o construct a market complex on the drain passage of Chittagong Development Authority Avenue, Chittagong by the Chittagong Municipal Corporation should not be declared to have been undertaken without lawful authority and is of no legal effect.
2. The Rule was issued at the instance of the petitio..
Category: Property Law | Date: | Hits: 58
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....angladesh and others ……………….........Respondents Judgment January 27, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), section 33(7) The writ petition does not have any averment that the petitioner did not mortgage the property in favour of the respondent-bank, or ......y on the basis of a certificate issued in favour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza ..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....f Chairman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 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 is, that it is a......airman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 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 is, that it is a reg..Category: Others | Date: | Hits: 136
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....titioner claiming the above property as his own praying for exclusion of the same from the list of abandoned buildings. "No one appears on repeated call when the case was called up for hearing nor any step has been taken on behalf of the petitioner till the last moment of the working of the day. ......) of section 10 of Ordinance No.54 of 1985 the Court of Settlement ought to have given a decision in the case irrespective of non‑appearance of the parties and as such the impugned order is without lawful authority and is of no legal effect. 5. Mr. AK Mujibur Rahman, the learned Deputy Attorney..Category: Procedural Law | Date: | Hits: 59
....91 issued by the respondent No.2 Assistant Commissioner, Abandoned Property Management Board, Dhaka by his memo No.14 Shuk‑170/85‑69 (Annexure C) shall not be declared to have been issued without any lawful authority and to be of no legal effect.
2. Impugned order contained in Annexure G date......ssued by the respondent No.2 Assistant Commissioner, Abandoned Property Management Board, Dhaka by his memo No.14 Shuk‑170/85‑69 (Annexure C) shall not be declared to have been issued without any lawful authority and to be of no legal effect.
2. Impugned order contained in Annexure G dated 9...
Category: Property Law | Date: | Hits: 86
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... Rin Adalat Ain, 2003 (Act No. VIII of 2003), Section 37 The mandate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it does not provide any consequence in case of failing to conclude the case within such time. Therefore the failure of c...... of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Court issued warrant of ar..Category: Civil Law | Date: | Hits: 84
....itted their statements of show cause in response to the notices served upon them. The petitioners stated in their reply that the allegations were false and frivolous and they denied to have committed any unfair means within the examination hall. The petitioners were not asked to appear before the In......re of the respondent No.1 and the impugned proceeding pursuant to which the said order was made. The respondents were asked to show cause why the same should not be declared to have been made without lawful authority and to be of no legal effect. In Writ Petition No. 1560 of 1991 petitioner Kabita R..
Category: Others | Date: | Hits: 153
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....of gift in 1964 in favour of the plaintiff, who got possession in the suit land through his mother. That deed could not be registered due to legal bar imposed by the Government for getting registered any deed of transfer made by any person belonging to the minority community, but the plaintiff start...... capable of being known to the party interested before a right can be acquired or lost by adverse possession, it must have been such possession by a man without hostile as against the person with the lawful title. 14. In the instant case there is no such ingredient available in the plaint of the ..Category: Property Law | Date: | Hits: 74
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....st the petitioner under the relevant provisions of the Anti-Corruption Act, 1957 (since repealed). However, section 94 of the Code of Criminal Procedure allows a Police Officer to order production of any document, if such production is considered necessary or desirable, for the purpose of any invest......calling upon the respondents to show cause as to why the orders dated 17-4-2002 passed by the Sessions Judge, Bhola in miscellaneous Case Nos. 174 and 175 of 2002 should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..Category: Anti-Corruption Laws | Date: | Hits: 200
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....notice upon the petitioner for submission of his wealth statement. Mr. Huq, referred to section 26 of the ACC Act, 2004 and submitted that the authority is given by the law to the Commission to issue any notice under section 26(1) of the ACC Act. By reference to section 18, he submits that there is ......to submit statements regarding the Moveable and Immoveable Property, liabilities' source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of thi..Category: Anti-Corruption Laws | Date: | Hits: 154
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....rd Road via a by‑lane near to the house of accused Hamid and thereafter through the bazar up to the house of Matbar Ali. It is stated that the dead body of Suruj was kept in the informant's house. Many people including Malfu, Giasuddin, Abdul Hoq Bhuiyan, Ali Newaz Bhuiyan came to the scene on hea......P.W.1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused appellants being armed with guns, daos, halanga, lathies, etc. forming an unlawful assembly encircled the informants' bichra. On the order of Matbar Ali, Giasuddin and Almas fi..Category: Criminal Law | Date: | Hits: 111
....ase agreement and that further the proceedings in the Artha Rin Suit are liable to be stayed under Section 10 of the Arbitration Act, 2001; that IPDC has the right to sell the shares in the market at any time and as such, purported to resolve the dispute between the parties arising out of the said a......ation agreement in Clause 13 of the share purchase agreement and accordingly, the respondent No.1 order dated 1st August, 2007 rejecting the appellant's application for stay has been issued without lawful authority and is of no legal effect. The learned Counsel further submitted that the purport o..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....Yousuf who appeared for the respondents in these two writ petitions and for petitioner in Writ Petition No. 306/76. The point was argued at length as it was submitted that the point is not covered by any decision of this Court. The learned Advocates further informed that they could not lay their fin......our Writ petitions have been heard analogously as the common question of law and fact is involved challenging certain decisions of the Labour Court and Appellate Tribunal as to have been made without lawful authority and are of no legal effect. 2. In Writ Petition No. 102/74 and 624/74 the Choler..Category: Labour and Industrial Law | Date: | Hits: 123
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....her submitted that the Court below was wholly wrong to reject the plaint without giving a chance to the plaintiffs to pay ad valorem Court fee and only on the failure of the plaintiffs to comply with any such direction from the Court the plaint could be rejected. He further submitted that the purcha......uit. Under the provision of Order XXIII rule 3 of the Code of Civil Procedure if the defendant can satisfy the Court that the claim in the suit had been adjusted or satisfied wholly or in part by any lawful agreement or compromise then the Court shall pass a decree in terms of such compromise. But n..Category: Procedural Law | Date: | Hits: 67
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggling into or out of Bangladesh of any goods and further provides that upon conviction by a Magistrate the offender shall further be li......enches of this Court have consistently held that joinder of scheduled and non‑scheduled offences and the trial by the Special Tribunal of both scheduled and non‑scheduled offences are without any lawful authority vide decision in 33 DLR page 203. 11. Next, it has been held in 35 DLR page 127..Category: Criminal Law | Date: | Hits: 52
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