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....n voting has curtailed the fundamental rights of the members of the Jatiya Sangsad (Parliament) and destroyed the sanctity of election. He further submits that there is no precedent in the country of any election of any office of the local bodies or of the Parliament by open ballots. In support of h...... to why the impugned legislations as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the ele..
Category: Constitutional Law | Date: | Hits: 229
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....osed his name as Amir Ali and the name of the helper as Md. Islam. The informant learnt that there were sarees in 29 gunny bags and drums containing palm oil in the truck. On their failure to produce any valid documents for such goods the informant arrested them under section 54 Cr.P.C. and also sei...... clause (89) of Sub‑section (8) of section 156 of the Act. A close reading of clause (89) of sub‑section (8) of section 156 of the Customs Act, 1969 that the burden lies on the accused to offer a lawful excuse for acquisition of possession of, or is in any way concerned in carrying, removing, de..Category: Fiscal/Taxation Law | Date: | Hits: 101
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....Indian cloths including some Indian old sarees and medicine therein. The said goods were seized by them as per seizure lists and the opposite party was given a few hours' time to show valid papers if any for the said goods Tk. 48,53,368.00 but the opposite party failed to produce any document. There......this case. As the Magistrate was not competent to take cognizance of the offence under section 27(1) of the Special Powers Act, the impugned order appears to have been passed by him illegally without lawful authority. In that view of the matter we find substance in the contention of the learned Advo..Category: Criminal Law | Date: | Hits: 72
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....ice and as such the same has been done without lawful authority and it has got no legal effect. The learned Advocate also submits that the Dhaka University Ordinances and Regulations do not authorise any authority to cancel the‑results, which have already been published. Moreover, the impugned pen......e petitioner the impugned cancellation of the results of the examination and punishment imposed upon them are violative of the principles of natural justice and as such the same has been done without lawful authority and it has got no legal effect. The learned Advocate also submits that the Dhaka Un..Category: Others | Date: | Hits: 112
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....alist Party. He was taken into custody pursuant to an order dated 13.9.87 made by the Additional District Magistrate, Dhaka under section 3(2) of the Act with a view to preventing him from committing any act prejudicial to public safety and public order. Subsequently the Government approved of the o......he period of his detention from time to time. The petitioner having moved writ petition No. 187 of 1988 a Division Bench of this Court, by an order dated 10.5.88, declared the detention to be without lawful authority and directed the respondents to release the detenu forthwith, if not wanted in any ..Category: Constitutional Law | Date: | Hits: 287
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....oan 4904 dated 23.6.87 issued by the Deputy General Manager, Sonali Bank, Zonal Office, Motijheel Commercial Area, Dhaka disallowing further drawing from the Cash Credit Account of the petitioner Company with the said bank from 1st July, 1987 should not be declared to have been made without lawful a......jheel Commercial Area, Dhaka disallowing further drawing from the Cash Credit Account of the petitioner Company with the said bank from 1st July, 1987 should not be declared to have been made without lawful authority and is of no legal effect. 2. Petitioner No. 1 Company is a public limited Compa..Category: Company Law | Date: | Hits: 213
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....lso that the activities of the detenu are against the security of the State and also against the economic interest of the State. 11. In the initial order of detention nothing has been stated about any act of the detenu to be prejudicial to the economic interest of the State but it is stated that ......aid detenu is unauthorised being based on no proper grounds. 13. In the result, the Rule is made absolute. The detention of the detenu Mohammad Nuruzzaman Alias Munna is declared to be without any lawful authority. The respondents are directed to set the detenu Mohammad Nuruzzaman alias Munna,..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....s along with other refugees were forcibly evicted on 28.2.83 from the said lands by armed police force. It is claimed by the petitioners that this forcible eviction was illegal, arbitrary and without any notice. The petitioners have annexed a newspaper report published in the Bangladesh Observer abo...... Khatian Nos. 1807. 1887, 1819, 1847, 1886 and 1806 within mouza Boyra, JL No.12 situate of Joragate under Upazila Doulatpur in Khulna Town on 28.2.83 should not be declared to have been made without lawful authority and to be of no legal effect and why the respondent No.1 shall not be directed to r..Category: Property Law | Date: | Hits: 138
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
..... 3. The said case was resisted by the present petitioners, contending that the petitioner 1 was engaged in manufacturing and sale of low‑priced cigarettes. As majority of the members of the company were non‑local, the petitioner 1 was taken over under P.O. No.16 of 1972 as abandoned Industry......ourt, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 have been passed and taken without lawful authority and are of no legal effect. 2. This Rule arises, in short, out of the following ..Category: Labour and Industrial Law | Date: | Hits: 129
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....information from the House Building Corporation but on 6.1.93 & Returning Officer most arbitrarily accepted the nominating paper of the 7 candidates including the respondent No.4 before receiving any letter from House Building Corporation. The House Building Finance Corporation wrote a letter to......ade absolute and we declare that the acceptance of the nomination paper of respondent No.4 namely, Abul Hayat Sarker, who is a defaulter on the date of filing of the nomination paper was done without lawful authority and in violation of the law and therefore is of no legal effect. 14. The accepta..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....Abdur Rahim remains as a secular one on which the mosque in question situates. Sub‑section (10) of section 2 reads as under: "Waqf' means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by Muslim Law as pious, religious or ch...... and the order dated 6.10.85 of the respondent No.2 directing the Secretary of the said Mosque to hand over charge of k mosque to the said Committee should not be declared to have been passed without lawful authority and are of no legal effect. 2. The Respondent No.2 Dhaka Municipal Corporation r..Category: Trust/Waqf Law | Date: | Hits: 183
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....e was issued on 28.11.91. By taking wrong starting point from the northern side of CS plot No.67 acquisition line has been shifted 25 feet south at the instance of interested persons. Without issuing any notice on the petitioners' fixing the demarcation line staff of the respondent Nos. 1 and 3 demo......l Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal effect. Those Rules are disposed of by this judgment as common ques..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ffect that the father being the guardian of the minor girl, who has not as yet attained the age of 18 years according to the Majority Act, is entitled to the custody of the girl but in the absence of any positive and unequivocal order of the Courts below giving direction to hand over the girl to the......ns as follows: "S. 361. Whoever takes or entices any minor under fourteen years of age if a male or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is sa..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....rted in: 45 DLR (HCD) (1993) 190. ......lared as an independent state on March 26, 1971 and section 1, The Income Tax Act, 1922, was made to apply on and from 26.3.1971 to the whole of Bangladesh the taxing authorities in Bangladesh had no lawful jurisdiction to tax the income, profit and gains of the previous year of the assessee which e..Category: Fiscal/Taxation Law | Date: | Hits: 109
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
....try and that the forfeited book is its 10th edition. It have been stated that the views expressed in the book have not outraged the religious feeling of the Muslims of Bangladesh and has not created any ill‑feeling or hatred between communities. In the petition it has been stated- "The book itsel......hts on religious beliefs and faith within the bounds of law, public order and morality and as such the order of forfeiture of the book must be held to have been made and passed illegally and without lawful authority, and should be set aside and cancelled. It has been stated, the theme in the book ..Category: Constitutional Law | Date: | Hits: 204
....ondents to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are ......nts to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are that..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
..... 30,000.00 5. Amount of Wharf rent paid to the Chittagong Port Authority.........Tk. 1,578.00 Total = Tk. 2,64,066.32. 3. The case of the plaintiff is that the defendant No. 1 is a banking company having head office in Dhaka and branch offices at different places including Amir Market and Kha......et branch of defendant No. 1 never illegally or arbitrarily withheld the shipping documents and whatever time was required for the release of the shipping documents it was required to comply with the lawful formalities. So, the defendant No. 1 is in no way liable for the payment of Tk. 4000.00 as in..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....120 days but since the detention order he could not be found and the said person had absconded and is hiding in order to avoid the arrest and the Special Branch of the Government of Bangladesh after many attempts could not trace him out or find his hideout and because of that abscondance a Gazette N...... petitioner that the legality of the order of detention was challenged in writ petition No. 612 of 1991 and a Division Bench of this Court declared the detention of the petitioner illegal and without lawful authority but the petitioner was not released from custody because he was shown to have been ..Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... Administrative Tribunal held that they, therefore, belonged to defence services and, as such, the Administrative Tribunal had no jurisdiction in respect of them. 3. The petitioners did not prefer any appeal against the aforesaid orders of the Administrative Tribunal under section 6(2) of the sai......d Rules Nisi were issued calling upon the respondents to show cause why the respective orders of discharge from service and compulsory retirement shall not be declared to have been passed without any lawful authority and to be of no legal effect. 6. The respondent No. 1 has entered appearance and..Category: Administrative Law | Date: | Hits: 187
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....constructed a workshop there and carried on his business; that subsequently the plaintiff, his son Abdul Kader and wife Shahida Khatun formed and incorporated in September, 1959 a private limited company under the name of M/s. Dacca Wood Works Ltd; that the said company obtained loan of TV 1,50,000....... deceased plaintiff having delivered possession of the suit property in part performance of written contract for sale was not entitled to recover khas possession by ejecting the defendants who are in lawful possession of the suit property. We have already found that the substituted plaintiffs have f..Category: Property Law | Date: | Hits: 69
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