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Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

..... Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and other......blication of name of respondent No.3. Mr. Anwar Hossain, as printer and publisher on behalf of the petitioner No.2, Ittefaq Group of Publications Ltd, should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999, Rule Nisi wa..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

.... the Nikah Registrar under rule 5(1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 as contained in Annexure B to the Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed a...... Nikah Registrar under rule 5(1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 as contained in Annexure B to the Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....an Magistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders pass......Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain fr..

Category: Criminal Law | Date: | Hits: 158

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

..........................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- New India Tea Company Ltd. Vs. Bangladesh and others, 31 DLR (SC) 303; Hamidul Huq Chowdhury Vs. Bangladesh, 34 DLR (H...... during war of liberation and as per the provisions of the voting President's Order No.1M-35/71/ B dated 26-12-1971 possession of the properties of writ petitioner No.1-respondent No.1 was taken over lawfully by the Government; that the writ-petitioners claimed ground rent at the rate of Tk.1/- per ..

Category: Property Law | Date: | Hits: 128

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

.... LIV of 1985. If the transfer is barred by provisions of ordinance No.LIV of 1985, then the suit is also barred by the same provision. It has been provided in section 6 amongst others that no suit or any other legal proceedings shall lie before any Court for dec­laration that a building is not an a......vision in Writ Petition No.408 of 2002 making the rule absolute and declaring the memo dated 15th January, 2002 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertainin..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)

....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......00) and also the Notifications under memos dated 29th December, 2001,19th August, 2001, 24th December, 2001, 3rd January, 2002 issued by the said respondent to be declared as have been issued without lawful authority. Their case in short is that they had requisite qualifications and accordingly they..

Category: Employment/Service Law | Date: | Hits: 91

Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....peal and issued notices upon the respondents (the present petitioners), called for the records of the case, fixing 07.12.2004 for filing memo-in-opposition. The order dated 27.09.2004 must be without any lawful authority and therefore is of no legal effect. 13. Heard the learned Advocate-on-Recor...... and issued notices upon the respondents (the present petitioners), called for the records of the case, fixing 07.12.2004 for filing memo-in-opposition. The order dated 27.09.2004 must be without any lawful authority and therefore is of no legal effect. 13. Heard the learned Advocate-on-Record an..

Category: Administrative Law | Date: | Hits: 215

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....t was the further case of the plaintiff that the defendant No. 1 and 2 failed to deposit solatium within the time limit as granted by the Appellate Division and as such they were not entitle to get any deed executed and registered through Court and the decree became infructious. The plaintiff subm......ctory. In the instant case the solatium of taka 100000.00 (one lac) was deposited vide exhibit “uma” within 40 days. Since there was no default clause the deposit of solatium beyond 30 days was a lawful compliance of the direction given by the Appellate Division of the Supreme Court of Banglades..

Category: Property Law | Date: | Hits: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....ers, 21 BLD (AD) 69; Government of Bangladesh and another Vs. Sheikh Hasina and another, 28 BLD (AD) 163; Patrick Reyes Vs. The Queen Bachan Singh Vs. State of Punjab, [1980] 2 SSC 475; State Vs. Makwanyane 1995(3) SA 391; Francis Kafantayeni and others Vs. Attorney General; Matadeen Vs. Pointu [199......Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody without lawful authority or in an unlawful manner. 2. Pending disposal of the Rule, the execution of the ..

Category: Criminal Law | Date: | Hits: 128

Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)

.... 5-6-96 made by the respondent No.6 asking the petitioner to deposit Taka 1,98,3 16.00 in addition to the actual amount of VAT already paid should not be declared to have been issued and made without any lawful authority and of no legal effect. 2. The petitioner stated, inter alia, that he is a b......-96 made by the respondent No.6 asking the petitioner to deposit Taka 1,98,3 16.00 in addition to the actual amount of VAT already paid should not be declared to have been issued and made without any lawful authority and of no legal effect. 2. The petitioner stated, inter alia, that he is a busin..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)

....ule Nisi was issued calling upon the Respondents to show cause as to why the detenu should not be brought before this Court so that it may satisfy itself that she is not being held in custody without any lawful authority or in an unlawful manner and why she should not be directed to be released fort......Nisi was issued calling upon the Respondents to show cause as to why the detenu should not be brought before this Court so that it may satisfy itself that she is not being held in custody without any lawful authority or in an unlawful manner and why she should not be directed to be released forthwit..

Category: Criminal Law | Date: | Hits: 64

Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)

....the Anti-Corruption Act, 1957 provides that when the Government, on receipt of information and after making such enquiries as it may deem, necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property dis......s under Article 102 of the Constitution of Bangladesh Rules Nisi were issued calling upon the respondents to show cause as to why the respective impugned orders should not be declared illegal without lawful authority and to be of no legal effect and why the should not be directed to cancel, rescind ..

Category: Criminal Law | Date: | Hits: 69

Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)

....as to why Memo No. BRPD (P) 651/9(1)/96-831 dated 22-12-96 (Annexure-A) issued by the respondent Nos. 1 and 2 under the signature of respondent No.3 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The petitioner in this writ petition has impug......o why Memo No. BRPD (P) 651/9(1)/96-831 dated 22-12-96 (Annexure-A) issued by the respondent Nos. 1 and 2 under the signature of respondent No.3 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The petitioner in this writ petition has impugned ..

Category: Employment/Service Law | Date: | Hits: 79

Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)

....ling upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that,...... upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that, res..

Category: Employment/Service Law | Date: | Hits: 117

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

....o show cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) 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, owner of MV Alb......ow cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) 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, owner of MV Alba (f..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)

....ithdrawn. 4. No inquiry required under section 4(1) of the Act was ever held to have objective satisfaction by the Government based on positive materials as regards possession by the petitioner of any property and liabilities disproportionate to her known source of income before the issuance and ......calling upon the respondents to show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO-2/5231 dated 27-3-94 (Annexure A) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner Begum Tahmina an active member of t..

Category: Criminal Law | Date: | Hits: 78

Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)

....91 of 1988 for release of the house from the abandoned list. The Case was fixed for hearing on 20-4-92 but the date was not known to the petitioner. But on the date of hearing her lawyer did not take any step and the case was dismissed for default on 20-4-92. The petitioner filed an application for ......pondent No.1 to show cause as to why the order dated 20-4-92 passed by the respondent No.1 dismissing the Case No.191 of 1988 (Ka 303) Mirpur, Dhaka should not be declared to have been passed without lawful authority and is of no legal effect. The petitioner has stated, inter alia, that after libera..

Category: Procedural Law | Date: | Hits: 92

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applicant did not file any return for the assessment year 1981-82 and on his failure to file the return the assessing autho......) of the Act initiates a proceeding and if so when such a proceeding terminates; and whether during the pendency of a proceeding under section 22(2) of the Act a notice under Section 34 can be issued lawfully and if a notice under Section 34 is issued in respect of any assessment year for escapement..

Category: Fiscal/Taxation Law | Date: | Hits: 96

GM (West), Bangladesh Railway & other Vs. hairman, Labour Court, Rajshahi & another, 1986, 15 CLC (HCD)

....-hoc appointed clerks superseding the respondent No. 2 4. The present petitioner being opposite party contested the case pleading non-maintainability of the petition and also pleading ignorance of any selec­tion of the respondent No. 2 by the P.S.C. or any decision to give the respondent No. 2 p...... ille­gal and without jurisdiction. The rule is accordingly made absolute without any order as to costs. The impugned order of the re­spondent No. 1 is declared to have been passed with­out any lawful authority and of no legal effect. Ed. This Case is also Reported in: 40 DLR (1988) 163...

Category: Labour and Industrial Law | Date: | Hits: 170

Golam Rabbani Khandaker (Md.) and Others Vs. Hamida Bawa Shamsul Sheikh and others, 2001, 30 CLC (HCD)

....7. Mr. Md. Mansur Habib, learned Advocate appearing for the opposite party, first read out the provisions of Order 21 rule 29 of the Code of Civil Procedure and submits that in view of such provision any court other than the executing court can stay further proceedings of any executing case if other......ction nor in the present Civil Revision any such plea was taken by the petitioners. Such omission of the petitioners, if any, does not deprive this Division to see whether order of stay was passed in lawful exercise of jurisdiction or not and or whether the impugned order refusing to vacate such ord..

Category: Civil Law | Date: | Hits: 81