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Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
.............................. e. This Proclamation and the Martial Law Regulations and Orders and other Orders and Instructions made by me in pursuance thereof shall have the effect notwithstanding anything contained in any law for the time being in force. f. The Constitution of the People’s......; or (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect; or (b) on the application of any person make an order..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....s Rent Control Ordinance, 1963. 13. The said provision reads as follows: Section 18........................... "(5) No tenant shall be entitled to the benefit of this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allo......e 139 argued that if a statutory benefit is given on specific condition being satisfied, the Court presumes that parliament intended the benefit to operate only when conditions are fulfilled in lawful manner. Beneficial provisions are added for general betterment in social interest and the Cou..Category: Tenancy Law | Date: | Hits: 210
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....ereinafter referred to as the CCCI, the respondent No.5, in January 1998. The CCCI is registered as a trade organisation under section 3 of the Trade Organisations Ordinance and incorporated as a company under the Companies Act, 1913. Like all other trade organisations the CCCI is subject to the sup......ons of the Articles of Association, in particular Articles 26 and 27, of the Chamber and why the said impugned resolutions and the impugned Circular shall not be treated as having been passed without lawful authority and to be of no legal effect and why the impugned resolutions and the impugned Circ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....aka, though fixed on 6th and 10th June, 1999, yet in a meeting on 1-6-99 of the leaders of the three panels, held in the residence office of the Vice Chancellor, it was agreed that if the election of any outside centre could not be held on 6th and 10th June 1999 for unavoidable circumstances it woul......otification dated 18-6-99 (Annexure-D) declaring the said election results of the Senate of the Registered Graduates of Dhaka University should not be declared to have been made illegally and without lawful authority and is of no legal effect. 2. The facts, in short, are that, the petitioners, as..Category: Election Law | Date: | Hits: 105
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....a M. Kamal, Senior Advocate with Muhammad Ohiullah, Advocate-For the Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. ......ast 13 years the plaintiff is entitled to recover the compensation with interest @ 18% per annum which will meet the ends of justice. The defendant since never expressed his intention to pay off this lawful claim of the plaintiff, it is also liable to pay the cost of this suit to the plaintiff. 3..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......010 started under section 7/30 of the Nari-O-Shishu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with in accordance with ..Category: Criminal Law | Date: | Hits: 57
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....er possession of their respective tenanted portion of the said holding to the Superintending Engineer, Management Circle of the Ministry of Works on 6-7-1986 failing which they would be driven out on any subsequent date. At that time it was known to the plaintiff that the tender of the defendant No.......rised persons at a price fixed by the Ministry without selling it through open tender. So, as per Government policy and the circulars the plaintiff is entitled to purchase the suit holding as he is a lawful lessee with regard to the suit holding. It is further stated that in the matter of policy of ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
.... This Case is also Reported in: 52 DLR (2000) 621. ......tar of the Notice to sell the vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a registered Private Company..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....y in the original jote. The plaintiff through forgery created registered Saf Kabala deed No. 749 of 1999 after the execution of the plaintiff’s registered deed and as such he is not entitled to get any relief without filing a suit for partition upon filing of ad valurem Court fees. Upon such p......land in the schedule, nor P.W.1 could point out the exact location of the suit land, the finding of the Appellate Court as to the vagueness of the suit land can not be ignored and must be taken to be lawful as the plaintiff is liable to come up with a properly constituted partition suit if at all he..Category: Property Law | Date: | Hits: 74
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ocedure,1898 against the defendant Noor Mohammad and the defendant was restrained by the order of the Court in the said petition case. But as the defendant may attempt to dispossess the plaintiff at any time, the plaintiffs filed the instant suit to restrain the defendant from dispossessing the pla......dant during the pendency of the suit, the plaintiffs are entitled to restore the possession and order passed by the learned trial judge for restoration of the possession to the plaintiffs is squarely lawful on the principle that nobody is allowed to destroy the status quo on and after the institutio..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
.... and 11 of 1994 (mistakenly the Rule was issued as IRO Case No. II of 1993) and Complaint Case No.86 of 1994 (Annexure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and i...... 11 of 1994 (mistakenly the Rule was issued as IRO Case No. II of 1993) and Complaint Case No.86 of 1994 (Annexure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and invol..Category: Labour and Industrial Law | Date: | Hits: 140
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....or the petitioners submits that the documents mentioned in the plaintiffs’ application are necessary for resolving the issues involved in the suit, but the learned Assistant Judge without assigning any reason, has rejected the plaintiffs’ application by a non-speaking order, which is no order in......le are that the petitioners as plaintiffs instituted a suit for perpetual injunction against the Government and its officials in Narshingdi on the averments inter alia, that they (plaintiffs) are the lawful owners-in-possession of the suit land, which is their only homestead. The defendants initiate..Category: Property Law | Date: | Hits: 58
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....power of attorney in reference. The plaintiff examined 7(seven) witnesses in support of his case and the defendant No.2 examined one witness but Safiuddin Bhuiyan, the attorney holder, did not adduce any witness. 3. On consideration of the facts and circumstances of the case, materials and evid...... suit property, a decree can be passed only on the basis of the document, are not proper and correct inasmuch as no agreement for sale can be made in respect of any land whereupon the seller has no lawful authority to transfer and such document if made, is illegal and can not be enforced in any co..Category: Property Law | Date: | Hits: 61
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....it has been filed on 21-10- 1990 corresponding to 5-7-1397 BS. 5. Defendants contested the suit by filing written statement. Their case is that their father Gouranga Chandra Das did not enter into any oral agreement as alleged to transfer the suit land to the plaintiffs and he did not receive any......eported in 37 DLR (AD) 21 their Lordships have held as under: “A decree for specific performance of contract is discretionary and the court is not bound to grant such relief merely because it is lawful to do and specific performance of contract is not to be granted as a matter of course.” ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
....rather, on the advice of the Supreme Court, a second notice to show-cause was issued upon the writ-petitioner on 20.11.2003. This was challenged in Writ Petition No.7316 of 2003 but without issuing any Rule, it was summarily rejected on the ground that the recommendations from the Ministry were di......of the disciplinary proceedings against the petitioner was not placed before the G.A. Committee and then to the Full Court of the High Court Division, rather those were made and initiated without lawful authority and on these findings the Rule was made absolute. 4. Mr. M.K. Rahman, the learne..Category: Employment/Service Law | Date: | Hits: 73
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
.... IFIC Bank, the respondent No.3. The Chairman of the Bank is also the Chairman and the Managing Director of the Islam Brothers Properties Ltd. and therefore has vested interest in the latter. The Company has huge outstanding dues with IFIC Bank which was rescheduled from time to time. The last resch......pon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and issued without lawful authority and is of no legal effect and why respondent Nos. 1 and 2 shall not be directed to ..Category: Business or Commercial Law | Date: | Hits: 208
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....aring parties the High Court Division held as under:- "In the instant cases we find that there is guideline and basis for fixation of the tariff value for the import in questions in the absence of any rule over and above, the petitioners knowing about the tariff value have opened the letters of c......ischarging the Rules by two separate judgments. 2. The facts, in short, are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28.10.1993 were challenged as illegal and unlawful on the ground that Collector of Customs-respondent claimed customs duty and tariff value at a..Category: Fiscal/Taxation Law | Date: | Hits: 75
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....k no care of them; that Feroza filed Family Suit No. 11 of 1990 against her husband for dower and maintenance and obtained decree for her maintenance, that in the suit, this plaintiff was not awarded any decree for her maintenance as she was not added as party therein and that she is however entitle......e of res judicata because the matter in issue in the instant suit was not at all raised and decided finally in the previous suit No. 11 of 1990. As per law, the plaintiff is entitled to remain in the lawful custody of her mother as she is a minor. PW 1, Firoza Afroz, the mother of the minor, said in..Category: Family Law | Date: | Hits: 214
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....vision or that the petitioner did not give reply to the show cause notice and the action of revocation has been taken as per law are absolutely false and concocted and the order of revocation without any show cause notice is without jurisdiction. The petitioner has not disobeyed any order of the Hig......Constitution was issued calling upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition briefly, ..Category: Employment/Service Law | Date: | Hits: 81
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
.... Judgment April 13, 2004. Cases Referred To- RD Harbottle (Mercantile) Ltd. and another Vs. National Westminster Bank Ltd and others, [1977] 2 All ER 862; Equitable Trust Company of New York Vs. Dawson Partners Ltd, [1927] 2 Lloyd's Law Report 49; Soporna Spa Vs. Marine and ...... nor find time to give decision on such question of law or facts. His judgment reflects no application of mind. Even in ex parte disposal, a Court is not absolved of statutory obligation of writing a lawful judgment as required under rule 4(2) of Order XX of the Code of Civil Procedure. Discharge of..Category: Business or Commercial Law | Date: | Hits: 289
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