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....istered workers working under the aforesaid Board including the appellants again undergone for medical examination as intended by the authority. Thereafter, the authority all on a sudden declared as many as 739 workers including the appellants physically unfit to do their respective jobs on the basi......he appellant having been allowed to continue in employment for two years after such medical examination, termination of employment without notice to show cause against such termination is without lawful authority and as such, the High Court Division erred in discharging the rule without consider..
Category: Labour and Industrial Law | Date: | Hits: 109
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....ectorate of Government Accommodation, the respondent No. 3, allotting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, t......rate of Government Accommodation, the respondent No. 3, allotting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that ..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....vested lot of money for business purpose. 5.It is also stated that on 12-8-1998, the plaintiff applied to the defendant No. 4 for the nest three years but the defendant Nos. 3 and 4 did not take any step for extending the lease period with ulterior motive and, as such, the defendant No. 4 tried......tural purposes speaks that rule 167 of Government Estates Manual, 1956 lays that the provision of this term is binding upon the lessor and the lessee. There is clear provision of law that it shall be lawful for the lessor at any time during the period of the lease to determine the lease by a written..Category: Property Law | Date: | Hits: 28
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....ore the court for changing the Arbitrator. The learned Arbitrator considering the said petition allowed time up to 23-5-98 for bringing stay order but the defendant-petitioner having failed to obtain any stay order from the court appeared before the Arbitrator on 23-5-98 and again filed an adjournme......urned by the petitioner but these opposite party though agreed in the meeting filed Title Suit No. 98 of 1995 in the Court of Subordinate Judge, 3rd Court, Dhaka praying for decree for declaration as lawful tenants in possession of the shops which was rejected on 29-7-95 by the court on the hearing ..Category: Civil Law | Date: | Hits: 77
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
.... guaranteed by Article 40 of the Constitution and as a result of which the petitioner is being prevented from engaging in the lawful pursuit of his trade or business by the respondent No. 1 without any legal basis. The impugned omission is violative of the fundamental rights of the petitioner as g...... J.- This Rule was issued calling upon the respondents to show cause as to why the impugned omission shall not be declared to be in violation of Articles 27, 31 and 40 of the Constitution and without lawful authority and as to why the respondents shall not be directed to issue import permit to the p..Category: Business or Commercial Law | Date: | Hits: 219
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....h Army, was elected as Member of Parliament in 1986 and 1988 and thereafter inducted in the Cabinet as State Minister. Subsequently in 1995, the petitioner acquired 50 shares in a private limited company under the name and style Messers Prominent Textiles Limited and also became its Managing Directo......-2001 issued by the respondent No. 1, so far it relates to classified Borrower Code No. 60220 and the inclusion of the name of the petitioner therein shall not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Banking Law | Date: | Hits: 125
.... cancelling the appointment of the petitioner as Nikah Registrar of Ward No. 8 of Noakhali Municipality under Police Station and District Noakhali should not be declared to have been passed without any lawful authority and is of no legal effect.
2. It is stated in the Writ Petition that the......celling the appointment of the petitioner as Nikah Registrar of Ward No. 8 of Noakhali Municipality under Police Station and District Noakhali should not be declared to have been passed without any lawful authority and is of no legal effect.
2. It is stated in the Writ Petition that the pet..
Category: Civil Law | Date: | Hits: 77
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... Art, 1908 implicating the convict-appellants Jamir Ali, Maniul Islam @ Maniul @ Suja, Matin Mia, Siddiqur Rahman, Jillur Rahman, Lutfur Rahman, Abdus Salam, Belal Ahmed and Mainul (Mohibul and as many as 16 others, alleging, inter alia, that the accused No. 1 Jamir Ali lodged a criminal case unde......on of section 537 of the Code of Criminal Procedure and, as such, the same cannot be a ground for setting aside the entire judgment of conviction of the convict/appellants which is otherwise good and lawful. The learned Deputy Attorney-General pressed for dismissal of the Appeal. 20. We have hear..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....or the purpose of marketing the products under the brand "Red Cow". On 20-61989 Unilac Australia entered into a Joint Venture Agreement with Sanowara Corporation resulting in the formation of a company called Unilac Sanowara (BD) Ltd (the instant opposite party No. 1). The Agency Agreement dated 1...... It is contended that opposite party No. 1 secretly applied for and obtained registration of a trademark consisting of the words "Red Cow" and the device of the cow knowing that the petitioner is the lawful proprietor of the said mark. It is alleged that the registration of trademark under applicati..Category: Intellectual Property Law | Date: | Hits: 187
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....elligence (NSI) Directorate in the national pay scale of Taka 4300-185 x 7-5595-EB-195 x 11-7740. The appointment would stand cancelled if the candidates were found unfit in medical examination or if any adverse information is found on police verification or if the officer married or promised to mar......cise of power under Rule 6(2)(a) of the Gazetted Officers (National Securities Intelligence) Recruitment Rules, 1981, (Annexures H and I) should not be declared to have been passed and issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....her stated that it is for the trial Court to decide whether there is sufficient ingredients of offence being made out in the charge sheet and it is also for the trial Court to decide whether there is any merit of the case and it is premature to consider this aspect of the matter at this stage in the......n 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) pending in the Court of Divisional Special Judge, Dhaka as contained in Annexure-C should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....titioner for submitting a statement in the prescribed form attached with the said office memo of his dependent's property and assets and the source of income along with liabilities in his own name or any other name or names or in the benami of all his dependents, and if the petitioner failed to subm......ition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made illegally, without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Anti-Corruption Laws | Date: | Hits: 150
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....nder Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The pe...... Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The petiti..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....kshmipur and although the Additional Deputy Commissioner (Revenue), Lakshmipur made his award of compensation on 18-71994 as per section 7(3) of the Ordinance, the petitioners have not received any compensation. On 1010-1995, the petitioner No. 1 filed an application with the Office of the D......ing upon the respondents to show cause as to why the order dated 25-1-1996 (Annexure-G) passed by the respondent No.2 in LA Case No. 34 of 1993-1994 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to release..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....ondent No. 1) in Complaint Case Nos. 22 of 2002, 21 of 2002, 23 of 2002, 24 of 2002, 27 of 2002 and 25 of 2002 (Annexure-A to all the Writ Petitions) would not be declared to have been passed without any lawful authority and are of no legal effect and/or such other or further order or orders passed ......nt No. 1) in Complaint Case Nos. 22 of 2002, 21 of 2002, 23 of 2002, 24 of 2002, 27 of 2002 and 25 of 2002 (Annexure-A to all the Writ Petitions) would not be declared to have been passed without any lawful authority and are of no legal effect and/or such other or further order or orders passed as t..Category: Labour and Industrial Law | Date: | Hits: 181
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....aripur and also considered the argument advanced by the learned Assistant Attorney-General. 9. The moot question to be decided whether the statement made in the petition of complaint has disclosed any element of offence punishable under sections 467/468/471 of the Penal Code committed by the accu...... 7. The learned Assistant Attorney-General, Mr. AKM Nurul Alam, while opposing the Rule submitted that the accused petitioners preferred this Miscellaneous application on the ground that they have lawfully acquired the disputed property from its lawful owner and also obtained decree from the comp..Category: Criminal Law | Date: | Hits: 28
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....titioner, Bhaskar Chakraborty, being the owner of a business concern named Alternative Market Research Group has been appointed for inventing Alternative Market for the product of the informant's company and to make the product available door to door of the consumers and, as such, the accused petiti......by the agent not arising out of business transaction as decided by their Lordships in that case. 13. There is also another side of the point. Admittedly the accused petitioner has not paid the lawful dues of his principal against which the accused petitioner has taken a stand that the princip..Category: Criminal Law | Date: | Hits: 81
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
.... guided by the terms and conditions of the contract executed between the parties on 11-3-2001 but the concerned authority by violating the terms made in the contract passed the impugned order without any lawful authority. The learned Counsel adds that before taking decision to cancel the appointment....../Neog-1/2000/440 dated July 25, 2001 (Annexure-B) issued by the respondent No. 3, Joint Secretary (Police), Ministry of Home Affairs, Police Section-1.should not be declared to have been made without lawful authority and is of no legal effect and the respondents are also asked to show cause as to wh..Category: Employment/Service Law | Date: | Hits: 76
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....8....... legally ethically entitled to encash the Guarantee No. 14/01 dated 30-3-1985 issued by the I defendant No. 7, the Manager, Rupali Bank, Brahmanbaria Branch, Brahmanbaria until it pays the proper and lawful value with compensation and interest for its illegal use and occupation of the suit land till..Category: Property Law | Date: | Hits: 31
.... in the grounds of this Writ petition.
4. Heard Mr. MR Hasan, the learned Advocate appearing for the petitioners and perused the application with annexures. No one appeared for the respondents nor any affidavit-in-opposition has been filed on their behalf.
5. The learned Advocate appearing for......atory as per provisions of section 8(2) and 9(2) of the Act, for non-compliance of the same the Bankruptcy Case No. 2 of 1999 cannot be proceeded with as per law and same has been entertained without lawful authority and is of no legal effect. Section 28 of the Bankruptcy Act runs as follows:
(1)..
Category: Banking Law | Date: | Hits: 127
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