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....by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-
Tariq Transport Company Vs. The Sargodha Bhera Bus Service, PLD 1958 (SC) (Pak) 477 = 11 DLR (SC) 140; Indian Sugar Mill......t be declared unconstitutional and/or why the constitution of the Fourth Wage Board and the award published in the Bangladesh Gazette dated 9.3.91 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 the petition..
Category: Constitutional Law | Date: | Hits: 246
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....inistrative Tribunal Act, 1980 which runs as follows: “10A. Contempt of Tribunal.‑ (1) The Administrative Appellate Tribunal shall have power to punish for contempt of its authority or that of any Administrative Tribunal, as if it were the High Court Division of the Supreme Court." 12. The......ed twice for the same offence and is also in contravention of Article 35(2) of the Constitution and as such is mala fide, bad in law, illegal and is liable to be declared to have. been passed without lawful authority and is of no legal effect. 9. Mr. Delwar Hossain, the learned Assistant Attorney..Category: Administrative Law | Date: | Hits: 182
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....rsuance of the agreement dated 12.10.1984 entered into on payment of advance amount of TK.3.00,00.00 (three lacs). Since original owners Abdus Sattar and Khorshed Anwar did not leave the country for any moment and also did never fail to manage the properly in question the same cannot be declared ......session of the premises partly as their residence and on monthly basis rented as shops and possessed through their tenants, listing of the property in the 'Ka' list of abandoned property is without lawful authority and as such, the rule nisi issued by the High Court Division should have been made ..Category: Property Law | Date: | Hits: 65
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....r in respondent No.5 (“BTTB”). 3. The Services (Reorganization and Conditions), Act, 1975(“1975 Act), amongst others, empowered the Government to reorganize the service of the Republic or of any public body or nationalised enterprise and for that purpose create new services or amalgamate or......ioners in respondent No. 6 including Clauses 3, 4, 5, 6, 7 and 11 of the Deed of Agreement dated 30.06.2008 signed between respondent No.2 and 6 (Annexure-B and C) shall not be declared to be without lawful authority and is of no legal effect, besides being violative of the fundamental rights of the..Category: Constitutional Law | Date: | Hits: 145
....ts were called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following ci......ere called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following circum..
Category: Labour and Industrial Law | Date: | Hits: 112
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....espondents to show cause as to why the judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of t......ndents to show cause as to why the judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of the i..Category: Labour and Industrial Law | Date: | Hits: 120
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....t No. 2 given under order dated 5.12.84 (Annexure C‑3) and the order contained in the letter No. 1287 dated 15.9.87 of the respondent No. 2 (Annexure C‑4) should not be declared to have been made any lawful authority and is of no legal effect. 2. The facts leading to this rule, in short, are ....... 2 given under order dated 5.12.84 (Annexure C‑3) and the order contained in the letter No. 1287 dated 15.9.87 of the respondent No. 2 (Annexure C‑4) should not be declared to have been made 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: 115
....ection 3 of the said Act have been served upon the detenu, the copy of which is annexed with the application and marked as Annexure 'B'. 'That the grounds communicated to the detenu do not constitute any prejudicial act on the part of the detention; that the grounds are vague, indefinite, illusory a......udud Ahmed, the Former Vice‑President of Bangladesh, now detained in his own house should not be brought before this Court so that it may certify itself that he is not being held in Custody without lawful authority or in an unlawful manner.
2. This Rule was issued on 2.1.91 and in the meantime ..
Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....re lease period peacefully, and as such whether the judgment and order passed by the High Court Division is liable to be set aside. III. Whether the lease deed having terms and conditions therein, any claim for breach of those terms is at all entertainable under the writ jurisdiction. The prep......to do so and was, therefore, a defaulter. In accordance with the Jalmahal Nitimala, 2005, respondent No.4 issued a tender notice for leasing the fishery for the years 1416-1418 BS which was valid and lawful. He submits that the writ-petitioner had no right to file the writ petition against the tende..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....lusion of the said urban area within Bera Paurashava. On the same day the UNO, Santhia issued a general notice among the residents of Karamza and Sharisha Mouza inviting objection and suggestions, if any, regarding inclusion of those areas within Bera Paurashava. A large number of people of the area......oners in Civil Appeal No.218 of 2007 and on behalf of the petitioner in Civil Petition for Leave to Appeal No.126 of 2006 submits that the High Court Division did not consider whether the respondents lawfully exercised the power under section 4 of the Paurashava Ordinance, 1977 in curtailing the are..Category: Election Law | Date: | Hits: 152
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....the lands from Adhor Chand and Amor Chand. The learned Deputy Attorney General further submitted that in view of the specific findings of the Joint District Judge that the defendants failed to adduce any reliable evidence that Adhor Chand Mondal ever possessed the suit property. The learned Deputy A......reviewing order of the Land Administrative Board. The High Court Division upon hearing the parties made the Rule absolute declaring the order of the Land Administration Board as had been made without lawful authority. Thereafter, the then Additional Deputy Commissioner (Review) unsuccessfully moved ..Category: Property Law | Date: | Hits: 93
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....ths after the birth of the son, the petitioner started to ill‑treat her and then on 5th Magh, 1381 BS he assaulted her and drove her away. Since then the petitioner did not provide her or the child any maintenance and as such, she filed a suit before the Family Court for past maintenance for herse......90. 7. Section 278 of Mulla's Principles of Mohamedan Law (Eighteenth Edition) runs as follows: "278. Order for maintenance.- If the husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past mai..Category: Family Law | Date: | Hits: 253
....y on one point. He submits that the amendment in the plaint by order dated 15‑11‑1989 has changed the nature and character of the plaint. He argued that the amendment of the plaint may be made at any stage but by way of amendment the character of the plaint cannot be changed. He further submits ......nt khas land and that compelled the plaintiffs to file the present suit for declaration that the orders of the defendant No. 1 dated 6‑8‑1987 are illegal, null and void and the plaintiffs are the lawful owners of the suit property.
3. Defendant‑opposite party No. 5 and the present defendant..
Category: Property Law | Date: | Hits: 146
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....ng against the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regiona......gainst the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Co..Category: Administrative Law | Date: | Hits: 175
....i calling upon the respondents No. 1 Chairman, First Labour Court of Bangladesh, respondent No. 2 Md. Ashraful Alam Siddique (Worker) and respondent No. 3 Factory‑ in‑Charge of the petitioner company to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case......ompany to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the rec..
Category: Employment/Service Law | Date: | Hits: 89
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....ractor for taking delivery of the line pipes and other materials of Petrobangla from Chittagong Port and to carry the same to different destinations should not be declared to have been issued Without any lawful authority and to be of no legal effect and further to show cause why they shall not be di......or for taking delivery of the line pipes and other materials of Petrobangla from Chittagong Port and to carry the same to different destinations should not be declared to have been issued Without any lawful authority and to be of no legal effect and further to show cause why they shall not be direct..Category: Others | Date: | Hits: 131
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....oration (BCIC) and Memo No. BCIC/BD/BM/1183(2008) /40 dated 21.07.2008 issued being a decision of Board of Directors of Bangladesh Chemical Industries Corporation (BCIC) to have been passed without any lawful authority and is of no legal effect. 2. The facts involved in the case, in short, are ......ion (BCIC) and Memo No. BCIC/BD/BM/1183(2008) /40 dated 21.07.2008 issued being a decision of Board of Directors of Bangladesh Chemical Industries Corporation (BCIC) to have been passed without any lawful authority and is of no legal effect. 2. The facts involved in the case, in short, are that..Category: Employment/Service Law | Date: | Hits: 90
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....court as instrument for justifying illegal acts. He did not hesitate to question impartiality of the Appellate Division and its independence in the administration of justice. It is evident that any one reading the offending commentary would deduce from them that the Judges of the Supreme Cou...... is, in law, a fresh contempt. If any writings which is calculated to bring a Court or Judge to lower his authority or utterances which are calculated to interfere with the Course of justice or the lawful process of the Courts that amount to contempt. The whole principle of law of contempt is agai..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....suit by filing written statement, contending, inter alia, that complicated question of law related to title and possession in respect of the suit property having been involved in the suit, absence of any prayer regarding either declaration of title or establishment of the same, made the suit non mai...... and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiffs of their lawful properties and, as such, the defendant Nos. 1-4 be directed to evict from the suit property..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....tion Ltd.) in respect of 969 shares of the petitioner. 2. It is stated in the application that the respondent No.1 in the name of Eastern Banking Corporation was incorporated as Public Limited Company under the Companies Act in the then East Pakistan with its registered office at Dhaka. One Mr. S......red to section 34(3) of the Companies Act which runs as follows: (1)………………………………………………. (2) ......................................... "(3) it shall not be lawful for the company to register a transfer of shares in or debentures of the company unless the p..Category: Company Law | Date: | Hits: 175
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