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Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ should not be declared to have been made illegally, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is the owner of Plot No.22/A/1 of the layout plan of Eastern ......use as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ should not be declared to have been made illegally, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is the owner of Plo..Category: Property Law | Date: | Hits: 114
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....nistry of Local Government Rural Development and Co-Operative and others…………………….Respondents. Judgment July 7, 1999. Result: Both the writ petitions are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Lawyer......y the impugned order dated 9-6-98 issued by the respondent No.2 and Final Notification as to the Delimitation of nine Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners c..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....tion by demolition beyond 6th floor within ten days and failing which, in warming to demolish the ‘Rangs Bhaban’ at the costs of the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter...... by demolition beyond 6th floor within ten days and failing which, in warming to demolish the ‘Rangs Bhaban’ at the costs of the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter ali..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....e Special Powers Act, it is to be show that the action is justified according to the said provision which is to the following effect: "3. (1) The Government may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to d......ct. The onus is completely on the authority who has deprived a citizen of his personal liberty by detaining him in custody for satisfying the court that the detenu is being held not only with the lawful authority, but also in lawful manner. 5. A supplementary affidavit-in-opposition has been ..Category: Constitutional Law | Date: | Hits: 291
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....r appointment. They also received salaries up to April, 1998 and allowances including the portion of Government assistance. Their salaries and allowances were suddenly stopped since May, 1998 without any notice. Though their monthly pay orders were sent to the Madrasha but were not signed deliberate......the petitioners since May 1998 and excluding the names of the petitioners No.5, 8, 9 and 11 from the Monthly Pay Order for the months of February 99, September 99 and January 2000 taken without any unlawful authority and of no legal effect. 18. In the result, the Rule is made absolute. There will..Category: Employment/Service Law | Date: | Hits: 84
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......igating officer and the inquiry officer submitted false and unthinking reports and subsequently, the inquiry officer submitted realistic report holding inquiry into the matter and the Magistrate very lawfully and properly accepted the same and took cognizance against the accused inasmuch as the Magi..Category: Criminal Law | Date: | Hits: 44
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....ion is based on disputed facts the same is not legally maintainable. It is further contended that the High Court Division erred in law in foiling to consider that there was no direction to deduct any amount of money from the retirement benefit of the writ petitioner and in that view of the matte......ivision upon hearing the parties by the impugned judgment made the rule absolute and declared the deduction of Tk. 201117.7 from the retirement benefit of the writ petitioner as has been made without lawful authority and directed the writ respondents to pay the said amount to the writ petitioner wit..Category: Employment/Service Law | Date: | Hits: 87
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....the Managing Partner of Messrs Dhaka Scientific Works, a partnership firm (the firm, in short). The said firm entered into an agreement on 13‑11‑1964 with the Dhakeswari Cotton Mills Ltd (the company, in short) to purchase one of its properties situated at the premises at the holding No. 28, Hat......ondents to show cause as to why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexure‑1) should not be declared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is ..Category: Business or Commercial Law | Date: | Hits: 194
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....nd in making orders for showing the detenus arrested in those cases and made mechanical orders on the mere asking by the police officers. In making those orders, the learned Magistrate did not assign any reason and made laconic orders observing "প্রার্থনা মঞ্জুর" No cou......and others, AIR 1994 SC 1349 the Supreme Court of India voiced its concern regarding complaints of violations of human rights during and after arrest. It said: "No arrest can be made because it is lawful for the police officer to do so. The existence of the power of arrest is one thing. The Juris..Category: Criminal Law | Date: | Hits: 70
....r filed an incorrect report showing service return and on 25-9-1993 one Mastafar Ali filed an application praying for adjournment on behalf of the petitioner though the petitioner had no knowledge of any such application and adjournment was allowed by the respondent No. 2. Subsequently two dates wer......sioner, Land, Jagannathpur, District Sunamganj (respondent No. 2) and issuance of the impugned notice as contained in Annexure ‘D’ to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The short fact leading to this Rule is that, th..
Category: Property Law | Date: | Hits: 172
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
.... the gifted articles from the house of the accused‑persons and, as such, the trial Court committed substantial error of law by issuing the notice in the said proceedings before taking cognisance of any offence. It is submitted further that section 98 of the Code of Criminal Procedure relates to se......talak. The complainant also instituted CR Case No. 671 of 2001 under the Dowry Prohibition Act and Nari‑O-Shishu Nirjtatan Case 328 of 2001 for unnecessary harassment. Since the Magistrate has no lawful authority to issue search warrant for the purpose of making recovery of gifted articles from ..Category: Criminal Law | Date: | Hits: 49
....e the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money.
5. Suddenly, he got a notice dated 11‑9‑1993 from the office of defendant No.4 ask......e instalments. Plaintiff had no title or interest or right in the suit plot.
8. Defendant No.7 adopting the case of defendant Nos. 1 to 5 stated that after payment of the instalments he became the lawful owner of the suit plot. In order to deprive him, the plaintiff instituted the suit on false c..
Category: Property Law | Date: | Hits: 73
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....ide businessman and for his protection he was given a licence in 1998 to hold a Rifle and he renewed the said licence from year to year and it has been renewed upto 2002 and that he did never violate any terms and conditions of the licence at any time nor even disturbed public peace in any manner an......tioner's licence to possess arms and ammunition and seizure of the petitioner's .22 bore rifle being No. 478923 and 100 bullets by the respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect. 2. In the application it has been stated that the pet..Category: Criminal Law | Date: | Hits: 63
.... allegations contained in the application. The petitioner contended, inter alia, that the Second Labour Court had no territorial jurisdiction to entertain the case; that the petitioner did not commit any unfair labour practice, rather it was respondent No.3 (Grameen Bank) who committed unfair labour......ition and the judgment and order dated 15-6-93 passed by respondent No.1 in Appeal No.36 of 1992 dismissing the appeal vide Annexure F to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner Grameen Bank Karmachari Union is..
Category: Labour and Industrial Law | Date: | Hits: 186
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....309.67 Kg. Accordingly, the goods were assessed at the rate of tariff value in force at the time the bill of entry was presented. The order for assessment of customs duty therefore, does not call for any interference. 5. In reply, Mr. Mesbahuddin submits that the very basis of assessment was chal...... cannot be said to be adequate and equally efficacious. 14. In the result, the Rule is made absolute with cost. Impugned order dated 1‑3‑1999 is hereby declared to have been passed without any lawful authority and of no legal effect. The Customs Authority is directed to return the bank guaran..Category: Fiscal/Taxation Law | Date: | Hits: 78
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....nnexed to the writ petition as Annexure-N. We have already pointed out the ground on which the High Court Division has discharged the Rule. 7. The learned Advocate appearing before us did not make any submission on the points considering which their lordship of the High Court Division arrived at ......espondent No.5) directing to take necessary step for reinstatement of Md. Habibur Rahman (Dismissed), Head Master of Shaistabad Moazzem Hossain High School, to his post should not be declared without lawful authority and of no legal effect. The Rule has been discharged by their lordship of the High ..Category: Civil Law | Date: | Hits: 90
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....3. That the Secretary of the Public Service Commission vide memo No. SR 3/2 R‑50/99/345 dated 1‑2‑2000 informed the respondent No. 2, the National Board of Revenue, that the draft law contains many contradictions and anomalies. The Commission also recommended some changes, but at this stage th......and Conditions Act, 2000 (Act XX of 2000) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: Pro3/2000/613 dated 20‑8‑2000 as..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....issue d calling upon the respondents to show cause as to why the impugned notification dated 2‑12‑1999 vide SRO No. 354‑Law/99, Annexure‑D to the writ petition, recognising the petitioner company as an undertaking providing physical infrastructure facilities from the date of its promulgation......r of the petitioner to allow the said tax exemption to the petitioner as contemplated under section 46A of the Income Tax Ordinance, 1984 should not be declared to have been issued and passed without lawful authority and is of no legal effect. 2. The fact, as briefly stated, is that the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 86
....cluded the suit property in the abandoned property list after observing all the formalities of law and where about of the original lessee Md. Moslem was not known but the petitioner could not produce any evidence or documents that the original lessee Mr. Moslem was very much present in Bangladesh be......ers reported in 59 DLR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree through which the writ petitioner alleged to have got the sale deed execu..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... involved are same and these shall be disposed of by this common Judgment. 2. Facts stated in Writ Petition No. 2293 of 1994 in short, are that the petitioner Russel Vegetable Oil Limited is a company incorporated under the Companies Act, 1913, having its registered office at 195 Motijheel Commer......evant time. 15. Mr. Zainul Abedin, the learned Advocate for the petitioner referring to a Memo dated 3-7-94 issued by Customs Valuation Department submits that the Valuation Department without any lawful authority fixed an “indicative” value for the aforesaid goods. The indicative price so fi..Category: Fiscal/Taxation Law | Date: | Hits: 79
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