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Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ch other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner was initially appointed on 26-1-1977 as Bag Checker worker under the respondent No. 2 company and thereafter he was promoted to the post of Harakal helper. The petitioner being a Trade Union...... the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..Category: Labour and Industrial Law | Date: | Hits: 108
....aw but, in refusing to accept the cheque arbitrarily, the petitioners have not been dealt with in accordance with law, as such, the impugned order is liable to be declared to have been passed without any lawful authority and the Court is also required to be directed to accept the said account payee/......order No.36 dated 1-1-2006 passed by the respondent No. 1, the learned Additional District Judge, 1st Court, Dhaka in Artha Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to ac..
Category: Civil Law | Date: | Hits: 90
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....on case being No. 1245 of 1996 stating, inter alia, that getting information on 15-7-1999 through newspaper namely, 'Ittefaq", that Housing Project namely, Urban Housing and Technical Development Company would sell land of its project adjacent to Rayer Bazar within berry bandh which was approved by ......litan Sessions Judge, Dhaka. 11. Mr. Maqbul Ahmed, the learned Advocate for the petitioner, submits that the Court below committed error of law in convicting and sentencing the accused without lawful authority; that the learned trial Court misconstrued the law and facts of the case and arrive..Category: Criminal Law | Date: | Hits: 41
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....ard within six months from his first detention on 8.1.88. Therefore the order of detention Annexure-F dated 23.5.88 is illegal. We are of the view that the detention of the detenu is illegal, without any lawful authority and do not come within the scope of the Special Powers Act and is in contra......within six months from his first detention on 8.1.88. Therefore the order of detention Annexure-F dated 23.5.88 is illegal. We are of the view that the detention of the detenu is illegal, without any lawful authority and do not come within the scope of the Special Powers Act and is in contravent..Category: Criminal Law | Date: | Hits: 29
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
.... (2). The authority may, if it thinks fit appoint an officer or a teacher of the office or department to which the employee (hereinafter called the delinquent) belongs or an officer of or teacher of any other office or department of the University to examine and report on the allegations against hi......2) of Statute 6 and that the authority has come to a decision under Clause (3) of Statute 6. It cannot be said therefore that the University authority passed the impugned order prematurely or without lawful authority. 17. An application for Contempt of Court has been filed by the petitioner on th..Category: Criminal Law | Date: | Hits: 74
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....h dispossession; that he was a rightful tenant under the defendant and the Collector of the district was the competent authority to grant settlement of the Government khas land and he did not violate any terms of the kabuliyat. 3. The suit was contested by the defendant by filing written statemen.......55 on the basis of kabuliyat as alleged by him was not acted upon and also in that view of the matter I hold that the cancellation of the settlement by the Board of Revenue by its aforesaid Memo was lawful and the approval of settlement of disputed land made by the Divisional Commissioner on 10.9.5..Category: Property Law | Date: | Hits: 36
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....he Nathi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by the Second Secretary (VAT-5) National Board of Revenue should not be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading to the sale of aband......athi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by the Second Secretary (VAT-5) National Board of Revenue should not be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading to the sale of abandoned..Category: Fiscal/Taxation Law | Date: | Hits: 86
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....8 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause a......nnexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....es that up to another 155 prisoner remain under trial in Dhaka Central Jail for periods of five or more years due to the prosecution’s failure to produce witnesses. The report further alleges that many other such ‘under trial’ prisoners languish in other prisons across the country for the same...... annexed as Annexure-A. 3. It has been further asserted that the continued incarceration of the under trial prisoner and an alleged 155 further under trial prisoners by the respondents is without lawful authority inasmuch as it is ultra vires section 167 and section 339C of the Cr.P.C. 4. Th..Category: Criminal Law | Date: | Hits: 45
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
..... 2-5 along with 127 families are living in the Basti for about 20 years by developing low lands and by making tiny slums over the bamboo made platform. 13. Needless to say that the inhabitants of any slum are the misfortunes of the society, homeless and provisionless, may be due to river erosion......rshahara, JL No. 271, Khatian No. 127, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution. 2..Category: Constitutional Law | Date: | Hits: 171
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....a Model Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the natu......del Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature a..Category: Property Law | Date: | Hits: 55
.... Thereafter petitioner submitted an application setting out details of the project proposal and lay plan on 8-11-97 (Annexure-C). Thereafter, petitioner had discussion with an American Investment Company about the project and representative of the said Company visited Bangladesh and agreed to invest......e of the petitioner North South Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided ..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....by the petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The suit was contested by opposite parties Nos.3 and 4 ......he petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The suit was contested by opposite parties Nos.3 and 4 and ..Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....n Bureau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile Mills Ltd. under Borrower Code No.9187 (Annexure-A1 and A2) should not be declared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placin......reau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile Mills Ltd. under Borrower Code No.9187 (Annexure-A1 and A2) should not be declared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....ect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ application it has been stated, inter alia, that the petitioner a private Limited Company is engaged in the business of Manufacturing Mosquito Coil under the contracts of manufacture sig......he impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) should 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: Fiscal/Taxation Law | Date: | Hits: 91
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....s. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal Abedin Vs. State 30 DLR 371 and Colonial Sugar Reining Company Ltd. Vs. Irving (appeal Cases 1905). Lawyers Involved: Md. Fazlul Karim, Advocate—For ......w cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....re involved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo No.375 Justice 712N-144177 dated 2-8-98 Annexure ‘A’ issued by the respondent No.2 to have been issued without any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pouras......nvolved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo No.375 Justice 712N-144177 dated 2-8-98 Annexure ‘A’ issued by the respondent No.2 to have been issued without any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pourashava..Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....owed he appeal by the impugned Judgment and order. 6. The Learned Additional District Judge, as it appears from the Judgment found that the plaintiffs have no arguable case and they will not stain any loss and injury and that the balance of convenience and inconvenience is in favour of the defend......ttee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plainti..Category: Administrative Law | Date: | Hits: 146
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....ual increment and pay. 5. By letter dated 21.10.1995 and 27.11.1995 the petitioner was asked to appear before the enquiry officer which the petitioner did while the enquiry officer did not examine any witness of the corporation in presence of the petitioner inasmuch as the attendance register......ubsequently by letter dated 14.01.1996 the petitioner was most illegally dismissed from his permanent service which was received on 16.01.1996. Thus the same is mala fide, void, illegal and without lawful authority. 7. Afterwards on 21.01.1996 the petitioner submitted his grievance notice to th..Category: Labour and Industrial Law | Date: | Hits: 79
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478....... Due to preparation of S.A. record in the name of Kashinath to avoid complexity of law, the plaintiff Panchu Gopal on 22.02.1979 obtained a registered kabala deed from Kashinath and the plaintiff had lawful title over the suit land. The plaintiff further stated that on 15.02.1982 the ADC (Revenue), ..Category: Property Law | Date: | Hits: 27
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