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Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....he People's Republic of Bangladesh, claiming title and possession in these lands. The respondent No. 1 asked the Deputy Lands Reforms Commissioner to hold an enquiry and submit a report. No notice of any such enquiry was served on the petitioner and others and it was reported that the Deputy Land Re......inst the order under the aforesaid memo and this application for review was also rejected by the respondent No. 1 under Memo No. 11‑1/86/438/1(3) dated 19.11.86, The aforesaid orders are absolutely lawful orders and, as such, cannot be interfered with. 8. Subsequently, the petitioner filed 2 af..Category: Property Law | Date: | Hits: 63
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....ed attorney executed 4 sale deeds on 11.11.84 in favour of the plaintiffs; thereafter the plaintiffs filed an application before the requisition authority for release of the suit property but without any effect. Hence the present suit. 3. Defendant Nos. 1‑3 entered appearance and filed a joint ......ry, JJ were pleased to reject the application summarily following observation- "Let the petitioners convince the learned Subordinate Judge that their cited witnesses are avoiding the Court without lawful excuse. The learned Subordinate Judge, it appears, is still open to give a favourable decisio..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....was issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner, one of the proprietors of M/s. No......issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner, one of the proprietors of M/s. Nowab ..Category: Property Law | Date: | Hits: 77
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ow cause as to why the said detenu now being detained in Satkhira Sub‑Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. In the said petition it has been stated that on......ause as to why the said detenu now being detained in Satkhira Sub‑Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. In the said petition it has been stated that on 29...Category: Constitutional Law | Date: | Hits: 172
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....7(1)(c) of the Special Powers Act, 1974 prohibiting publication of future issues of the "Daily Meillat" with effect from 2nd December, 1989 should not be declared to have been made and issued without any lawful authority and should not be set aside as illegal on grounds, inter alia, of it being arbi......(c) of the Special Powers Act, 1974 prohibiting publication of future issues of the "Daily Meillat" with effect from 2nd December, 1989 should not be declared to have been made and issued without any lawful authority and should not be set aside as illegal on grounds, inter alia, of it being arbitrar..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
.... the final design submitted by DAJI by reducing the height of river crossing tower and the length of river crossing spans. The present respondent No.1 without permission of the said Board and without any reasonable or satisfactory explanation visited China from 17.05.2007 to 06.06.2007 for 20 days w......owers for the package-1 and package-3 respectively. But the respondent No.1 without factory inspection and observation of the said destruction test for other two companies and outside his authority unlawfully approved M/S JV Desh Engineering and Development Agency and M/S Simon Inter Trade Pvt. Co. ..Category: Employment/Service Law | Date: | Hits: 175
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....hederganj PS Case No. 3 dated 14.5‑97, initiated under sections 147/148/149/447/448/323/326/345/ 349/380/302/109 of the Penal Code. Police, however, after completion of investigation failed to find any prima facie case against him, so far Bhederganj PS Case No. 8 dated 29.2.88 was concerned and as......the assertions made on behalf of the respondent No. 1 against him in the affidavit‑in‑opposition. 5. It is submitted on behalf of the petitioner that the impugned order is ex facie without any lawful authority in view of the fact that the same does not manifest the application of mind of the ..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... 15 of the President's Order No. 16 of 1972 and, as such, on the basis of the order of the Sub‑Divisional Officer, Sadar South, the petitioner is not entitled to challenge the impugned order to get any relief in this writ petition. The respondent Nos. 1 and 2 have also challenged the alleged title......that the property had been correctly treated as abandoned property and, as such, her prayer was rejected. 4. The aforesaid order, it is alleged by the petitioner, is absolutely illegal and without lawful authority and, as such, the petitioner moved this Court under Article 102 of the Constitution..Category: Property Law | Date: | Hits: 78
....ight of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in, particular no action durimeni.11 to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
7. In the instant case Mr. Amir‑ul Isl......uring the examination of witnesses on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner in his petition has stated that ..
Category: Employment/Service Law | Date: | Hits: 79
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....ndent No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is th......t No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is that s..Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ightly declared as abandoned property. This finding is also erroneous. According to Article 2(1) of the President's Order No.16 of 1972 for the purpose of this Writ Petition, abandoned property means any property owned by any person who is not present in Bangladesh or whose whereabouts are not known......s declared that the judgment and order dated 7.3.89 being annexure ‘J’ to this writ petition passed by the Court of Settlement in Case No.1022 of 1987 are declared to have been passed without any lawful authority and be of no legal effect. It is ordered that the house property at 93 Chatteswari,..Category: Property Law | Date: | Hits: 73
.... the various Annexure both in the application and in the supplementary affidavit, submitted that the provisional work order that was issued in favour of respondent is bad in law. The petitioner's Company has all the experience in bamboo extraction and has all the requisites as per tender notice to d...... show that he has a legal right, accrued to him under a law which right had been taken away by an order of an Executive authority performing function in the affairs of the State, illegally or without lawful authority for a mandamus to be sustained. Personal right arising out of a contract would not ..
Category: Others | Date: | Hits: 128
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tional and others for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and paisa twenty four) only. In the said suit the petitioner-company, as a third party mortgager, was made defendant No.3. Ultimately the suit was decreed ex parte a...... Accordingly, the Rule is made absolute and the impugned order dated 5.4.2010 passed by the Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 is declared to have been passed without lawful authority and is of no legal effect. 13. The learned Judge, Artha Rin Adalat No.3, Dhaka i..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
...., Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to issue an work order......aka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to issue an work order in ..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
.... statement (Annexure‑'C') stating that the allegations brought against him are all false, concocted and malafide. He has been performing his duty honestly and diligently and there is no question of any breach of trust and mismanagement on his part. But the two relations of the Waqif have been cons......n. 8. If the impugned order is intended to be a suspension of the mutwalli and a temporary appointment of a committee to look after the management of the Waqf estate, then the order is without any lawful authority and is of no legal effect, as there is no such provision in the Waqf Ordinance, 196..Category: Trust/Waqf Law | Date: | Hits: 157
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....ladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to have been passed illegally and without any lawful authority. The impugned order dated 13.3.91 (Annexure 1‑3) reads as follows: “13.3......sh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to have been passed illegally and without any lawful authority. The impugned order dated 13.3.91 (Annexure 1‑3) reads as follows: “13.3.91:..Category: Employment/Service Law | Date: | Hits: 94
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
....his rule calls in question the order dated 30.1.86 passed by Chairman, Rural Electrification Board, a statutory corporation putting restrictions on the ex‑employees of the Board in participating in any tender. 2. The case of the petitioner is that he was a Deputy Director of the said Board and ...... indirectly participate in any business of the Board as contractor for construction, repair supply, etc., or to participate in any tender and thereby the petitioner has been deprived o conducting his lawful business which is a clear violation of Article 40 of the Constitution. The respondent Board a..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
.... (Annexure‑A) there is no such now against the petitioner. Annexure‑C is the testimonial dated 17.8.88 issued by the Principal, Barhamganj College stating that the petitioner did not take part in any activity subversive to the State or discipline of the College and that he passed the BA (Pass) e......the examination concerned as communicated by respondent No. 3 the Controller of Examinations, University of Dhaka on 23.1.90 to the Barhamganj College should not be declared to have been made without lawful authority and to have of no legal effect. 2. The short facts of the case are, that the pet..Category: Others | Date: | Hits: 122
.... Md. Yunus Mia was never the attorney of late Abdus Samad Choudhury and neither the said predecessor nor the petitioners are bound by his acts and deeds and the said Yunus Mia was never authorized by any power of attorney, registered or otherwise, to act on behalf of Abdus Samad Choudhury and that t......dent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petition) should not be declared to have been given without lawful authority and is of no legal effect.
2. Respondent No.2 as the petitioner earlier filed an..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....al service "alone, that is, the persons serving in the posts from the post of Assistant Judge to the post of District Judge and for promotion and appointment of a District Judge or, or so to say, of any person employed in the judicial service, to the of Joint Secretary, consultation with the Suprem......have been made in consultation with the Supreme Court, the respondents completely ignored this mandatory constitutional provision and thereby acted ultra vires the Constitution and absolutely without lawful authority. It is also asserted that by acting in contravention of a mandatory provision of th..Category: Employment/Service Law | Date: | Hits: 173
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