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....ehalf of the petitioner and she has referred to the case of Bangladesh Vs. Hossain Mohammad Ershad reported in 52 DLR (AD) 172 and has argued fundamental right of the petitioner to practice propagate any religion has been violated and way the respondents acted in violation of Articles 41 and 43 of t......ndents cannot prohibit them from entering into the mosque and the Darbar Sharif to perform their day-to-day religious function. There is no doubt that the law enforcing agencies may take any which is lawful to ensure law and order situation in a particular area or any particular place due to any act..
Category: Property Law | Date: | Hits: 25
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....y the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam, who appeared in support of the Rule, at first has argu......e detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam, who appeared in support of the Rule, at first has argued t..Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
.... to furnish such statement in the interest of sovereignty and security of Bangladesh or in the public interest. From language as used in the proviso itself, in our view it does not give the authority any power to keep a person whose passport was seized in darkness. In our view at least a reply must ...... 1254 dated 23-10-2001 issued by respondent No.1 as evidenced by the receipt dated 23-10-2001 granted by the respondent No. 4 upon taking his passport (Annexure-A) shall not be declared to be without lawful authority and of no legal effect. 2. Mr. Rokanuddin Mahmud appeared on behalf of the petit..Category: Others | Date: | Hits: 102
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....nt they are in turn entitled and justified to recover the same from its subscribers including the petitioner. GrameenPhone has also taken up the stand while contesting the Rule that since it is a company incorporated under the Companies Act it is not a person performing functions in connection with ......e petitioner, a subscriber of the Grameenphone No. 017528070 and a practicing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why..Category: Information Technology Law | Date: | Hits: 217
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....rned authority of the petitioner by order dated 24‑11‑2002 took steps for issuing the charge by the petitioner in the present working station at KhagraÂchari, and that the authority did not take any step against the said Mr. Abu Eusuf Md Shajahan, the added respondent No. 6, for his non‑compl......Serial Nos. 1 and 2 and transfer of the petitioner from the present working station at Khagrachari to Rangamati Operation and MainÂtenance Division should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a Sub‑Assistant Engineer, posted..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....d why a direction should not be given to grant the frequencies and to issue licence(s) in favour of Ekushey Television Limited required to broadcast its programmes through a satellite channel without any hindrance and/or such other or further order or orders passed as to this court may seem fit and ......am. Rule was issued calling upon the respondents to show cause as to why the impugned memo dated 7‑6‑2003 (Annexure C-1) issued by respondent No. 3 shall not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be given to grant the freq..Category: Information Technology Law | Date: | Hits: 230
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
.... seers of rice and 668 mds 29 seers of wheat in or around mid 1971. The respondent thereupon without defending the charges tendered resignation from his service on 18th October, 1971. He did not make any enquiry as regards his application for resignation or keep any touch with his office wherefrom h......given the respondent gratuitous relief in excess of its' jurisdiction. More so, the respondent though sought for a declaration of the memo dated 31st December, 1996 as had been passed or made without lawful authority, the Administrate Tribunal directed the appellants to give the respondent the atten..Category: Administrative Law | Date: | Hits: 229
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
.... was issued calling upon the respondents to show cause as to why the impugned order Gazette dated 12-9-83 being No. SRO 349/83-387 PUB dated 19-7-83 should not be declared to have been issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitut...... issued calling upon the respondents to show cause as to why the impugned order Gazette dated 12-9-83 being No. SRO 349/83-387 PUB dated 19-7-83 should not be declared to have been issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitution ..Category: Civil Law | Date: | Hits: 115
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....he impugned order dated 19-3-94 passed by the respondent No.1 the Chairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in ......mpugned order dated 19-3-94 passed by the respondent No.1 the Chairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in brie..Category: Labour and Industrial Law | Date: | Hits: 117
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....n also the petitioners raised the very same objection in Civil Revision No. 2151 of 1998 against execution and this Division rejected such objection on the ground that the petitioners never stated in any applications before the execution Court that they had got any homestead in the land allotted to ......finally decided before the final decree was made. In the absence of all necessary facts, I am of the view that section 6 cannot be mechanically applied in an execution proceeding which commenced on a lawful decree for partition. This Division therefore cautioned the execution Court not to go behind ..Category: Property Law | Date: | Hits: 29
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....ion in the office of the respondent No. 2 On receipt of the said two applications respondent No. 2 requested the respondent No. 4 Deputy Commissioner Dinajpur for local enquiry as to whether there is any existence of any other similar Trade Organisation and as to the respective character of the appl...... why the impugned Memo No. Bim/Dba-1/G 10/99/47 dated 7-3-2000 and licence No. 5/2000 dated 7-3-2000 (Annexure B and B1) respectively issued by the respondent No. 3, should not he declared to without lawful authority and of no legal effect and why respondent No. 2 should not be directed to withdraw ..Category: Civil Law | Date: | Hits: 162
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ficer, be abated by such amount as may be considered by the Revenue-Officer to be fair and equitable in accordance with the rule made in his behalf by the Provincial Government. 2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of th......pondents were called upon to show cause as to why the impugned order as contained in case No. 9-24 dated 29-11-84 (Annexure) issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is as follow..Category: Property Law | Date: | Hits: 68
....Dr. Bonham’s case, 1610 8 Co Rep 114a, Dred Scott-v- Sandford, 60 US at 93, 405 1857, also 19 Howard 393 1857, Hodges –v-United States 203 US 1 1906, Butts-v-Merchant and Mines Transportation Company, 230 US 126, 1913, Lochner-v- New York, 198 US 45 1905, Roe-Vs-Wade, 410 US 113 1973, Doe –v......‘instruments’, made during the period between March 24, 1982 and the date of the commencement of the Constitution (Seven Amendment) Act, 1986 (Act 1 of 1986), should not be declared to be without lawful authority and is of no legal effect and, why a direction for re-trial of Kotowali P.S. Case N..
Category: Constitutional Law | Date: | Hits: 482
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....Mr. MI Farooqui made submission of behalf of the petitioner. In the writ petition, the petitioner prayed for declaration that the respondent No.1 is holding the office of Member of Parliament without any lawful authority because he was a defaulter within meaning of article 12 of the Representation o......e office of member of Jatiya Sangsad representing constituency No. 132 Barisal with Pirojpur and why his holding of the office as Member of Parliament should not be declared to be illegal and without lawful authority and is of no legal effect. 2. Mr. MI Farooqui made submission of behalf of the ..Category: Election Law | Date: | Hits: 88
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....further found that on fraudulent suppression of material facts and all legal processes the pre-emptees obtained an order of mutation in their favour and, as such, this fraudulent exercise does not in any way affect the pre-emptors right of pre emption. 6. Being aggrieved by the aforesaid judgment......tained the present Rule. 7. Mr. Ziaur Rahman Khan, the learned Counsel appearing for the petitioners, submits that the learned Courts below erred in law in allowing pre-emption holding without any lawful basis, that the jama in question was not legally separated and the same has occasioned failur..Category: Property Law | Date: | Hits: 31
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....s to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. M Amirul Islam appeared on behalf of the petitioner, he has challeng...... why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. M Amirul Islam appeared on behalf of the petitioner, he has challenged t..Category: Constitutional Law | Date: | Hits: 195
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....hery in question, that bid in the previous term i.e. 1402-1404, was at Taka 5,20,000.00, that there was no satisfactory bid for the term 1405-1407 from the Fishermen’s Co-operative Society, or from any individual i.e. 25% higher than the previous years in successive five schedules and that at the ......r dated 12-2-1998 of the Divisional Commissioner, Sylhet passed in Revenue (Rajaswa) Miscellaneous Appeal No.150 of 1998 (Annexure E1) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts, in short, are that a closed fishery by name..Category: Property Law | Date: | Hits: 33
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....nd character of the case inasmuch as the prayer having been added contrary to Rule 48, amendment was done illegally and, as such, the impugned order is liable to be declared to have been made without any lawful authority. 4. Mr. AK Azad, the learned Advocate appearing for the respondent No.2 has ......haracter of the case inasmuch as the prayer having been added contrary to Rule 48, amendment was done illegally and, as such, the impugned order is liable to be declared to have been made without any lawful authority. 4. Mr. AK Azad, the learned Advocate appearing for the respondent No.2 has howe..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....¦â€¦â€¦ Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November 27, 2001. Cases Referred To- Lyluri Laxi Subramanyam Vs Batchu Viswanadham AIR 1988 Andhra Pradesh 27; Atash Ali and others Vs Rebati Mohan Sarker ......d 18-11-99 and there having been an agreement between the petitioner and respondent No. 2 about the purchase of the mortgage property outside the court the subsequent order Nos. 65 and 66 are without lawful authority. He next submits that the court after judgment and order dated 18-11-99 became func..Category: Civil Law | Date: | Hits: 76
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... to show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as t......show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to th..Category: Property Law | Date: | Hits: 37
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