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....vocate to go out from the Court and the petitioner was not intimated the next date of the proceeding and then having no other alternative the petitioner filed an application to transfer the case to any other competent court for disposal and copies of that application was served upon the then Prime......s. 3522 of 1996, 3670 of 1996, 1299 of 1998 and 1300 of 1998 analogously and disposed of the writ petitions by judgment dated 02.05.1999 declaring that the order dated 05.01.1998 was made without any lawful authority and also acceded that the judgment and order dated 28.07.1996 has merged with the i..
Category: Trust/Waqf Law | Date: | Hits: 185
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....s and circumstances of the case and documents produced by the respondent; that the appellants did not prove that the property came within the purview of definition of abandoned property; that without any survey or enquiry report the property in question was listed as abandoned property. The learne...... No.2 Joginagar. 11. Accordingly, the impugned judgment and order dated 25.07.1996 passed by the High Court Division in Writ Petition No.1413 of 1988 is hereby set aside as has been passed without lawful authority and of no legal effect and those dated 23.05.1988 of the Court of Settlement is res..Category: Property Law | Date: | Hits: 24
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
..... It appears from the Judgment of the High Court Division that the learned Additional Attorney General conceded that the learned Special Judge was wrong in holding that the respondent no. 1 concealed any amount in respect of his Comilla house. It also appears that the learned Advocate appearing on b......t be said to be a fair and bona fide exercise of power. 48. Under the circumstances, we are of the opinion that the notice dated 18.02.2007, issued by Secretary to the Commission, was without any lawful authority, as such, void and any proceeding based on the said void notice is a nullity in the..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ent Secretary General) Shah Alam Chowdhury of Muktijodha Council, were the custodian of the Muktijodha Councils at the instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed without any approval of the organisation by abuse of their powers withdrew Tk.50,00,000/- (taka fifty lac) f......, 2004 and the Rules thereunder of 2007 the case was filed under Section 5(2) of the Prevention of Corruption Act, 1947 was filed long after lapse of 5 years which is liable to de declared as without lawful authority and is of no legal effect. 4. The further case of the writ petitioner was that ..Category: Anti-Corruption Laws | Date: | Hits: 159
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....tiffs purchased land from the rightful owners, which have been detailed in schedule 'Kha' in the plaint. The plaintiff of Title Suit No.16 of 1985 obtained a decree dated 29.04.1987 without serving any notice upon the plaintiff Nos.1-3 and without impleading plaintiff No.4. The plaintiffs are in p......ossessors of 20¼ decimals of land by way of inheritance and purchase. The defendant Nos.16-19 prayed for saham for 4¼ decimals of land claiming ownership and possession through inheritance from the lawful owners. 5. The plaintiffs examined three witnesses and the defendant No.13 examined two wi..Category: Property Law | Date: | Hits: 79
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....bove questions and, as such, though there is no legislative backing, the decisions of the Superior Courts ripen into law. He has further argued that though the questions were not actually agitated in any Case, from the decisions given by this Court in Cases under section 491 of the Code, the questio...... the detenu Miss Momota Karmaker now detained in Satkhira District Jail should not be brought before this Court so that it may satisfy itself that the said detenu is not being held in custody without lawful authority. 2. In this Case, the petitioner is the father of the victim of Kaligonj PS ..Category: Criminal Law | Date: | Hits: 33
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....ve their ownership in respect of the seized goods and if they can succeed that the goods were seized from their possession only, in that Case they would get back the goods and, as such, we do not see any reason for the petitioners to be aggrieved by the impugned order passed by the tribunal. The bas...... Satkhira in Special Tribunal Case No.348 of 1996 arising out of Satkhira Police Station Case No.16 dated 11-4-96 corresponding to GR Case No.140/96 should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Suit No. 49 of 1986, to its original file and number, upon payment of a cost of Taka 1,500.00. This is the impugned order, which is under challenge in this Civil Revision. The petitioner cannot have any objection for restoration of the Title Suit No.49/86 as that is in the interest of his client an......h adversely affect the character of persons before the Court. The High Court as the Supreme Court of revision, must be deemed to have power to see that the Court below do not unjustly and without any lawful excuse take away the character of a party or of a witness or of a counsel before it. Such jur..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....the advice of the local lawyer he was again arrested under section 54 of the Code of Criminal Procedure and since then he has been in jail hajat. No criminal Case is pending against the petitioner in any Court in Bangladesh and, as such, he is entitled to be enlarged on bail. It has further been sta......ing country as the Government may specify in this behalf, and the extradition treaty with that State so provides, the Government may, if it is satisfied that the warrant was issued by a person having lawful authority to issue the same, endorse such warrant in the manner prescribed and the warrant so..Category: Criminal Law | Date: | Hits: 87
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....16) in the Official Gazette dated 23rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 shall not be declared to have been made without any lawful authority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hos......in the Official Gazette dated 23rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 shall not be declared to have been made without any lawful authority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain..Category: Property Law | Date: | Hits: 18
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....Standing Order, under which total depreciation was fixed at the rate of not exceeding 40% dividing the same into five parts for five years – 15% for the 1st , 10% for the 2nd year and 3rd year or any part thereof and 5% for the 4th and 5th year or any part thereof respectively. 3. The pet......6-98 imposing the supplement duty at the rate of 40% on the basis of the proposed budget for the year 1998-1999 and the Standing Order dated 11-6-98 should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to impose the supplem..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... in Secretariat and made press reports (Annexure-K and K (1) about rehabilitation of slum dwellers of Dhaka City. In spite of above process the Housing and Settlement of the Ministry of Works without any scheme for rehabilitation of the slum dwellers of Balur Math Basti including the petitioners sub......how cause as to why eviction of the petitioners from the Balur Math Basti in section 12, Block-E, Mirpur without complying with the provisions of Act XIV of 1970, should not be declared to be without lawful authority and of no legal effect. 2. The petitioners having lost their home and hearth..Category: Property Law | Date: | Hits: 60
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....he plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petitioners, after being substit......laintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petitioners, after being substituted..Category: Property Law | Date: | Hits: 22
....2.
Md Asaduzzainan, Advocate—For Respondent No.4.
Writ Petition No. 95 of 2000.
Judgment
Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling u......ause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature of the respondent No. 2 the Authorised Officer of RAJUK should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..
Category: Property Law | Date: | Hits: 31
....ing mosqOlues, schools, roads, etc. The petitioners have further alleged that the respondents continuously pick up the prostitutes from their residence, physically and verbally abuse them act without any cause illegally push them into vagrant homes violating their right to life and living and liveli......nt in Vagrant Centre should not be declared illegal directing that the sex-workers in custody be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner.
2. The petitioners are the Bangladesh Society for the ..
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....2005 in favour of his only daughter, the alleged oral gift of the same flat on a later date on 11.03.2005 by the writ-respondent No.8 in favour of the writ-petitioner was invalid and did not create any right, title or interest of the writ-petitioner in the said flat and hence, the writ petitioner ......ion of her title by a competent Court of law and as such, the impugned letter dated 06.06.2006 issued by the writ respondent No.6 directing the writ-petitioner to vacate the case flat was issued with lawful authority; that according to Annexure-2(b) of the affidavit-in-opposition filed by the writ-r..Category: Property Law | Date: | Hits: 26
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
....he rate of interest on the amount of compensation from 12% to 5%. 6. Mr. Mahbubey Alam, the learned Advocate, appearing on behalf of the petitioner, mainly submits that since the insurance company with which the bus was insured, was not impleaded in the claims case, the case ought to have bee......ges an enquiry into the claims of the claimant after due notice to the insurer of the motor vehicle and that having not been done, the judgment and order passed by the Claims Tribunal was without any lawful authority. 7. It is true that the claims of compensation, under the provisions of Sectio..Category: Civil Law | Date: | Hits: 96
....hi national and her whereabouts and those of her vendor's whereabouts were known to the authority. The petitioner also asserts that the government never took over possessions of the building at any point of time and the petitioner is still in possession of the building with the members of his ......any point of time and the petitioner is still in possession of the building with the members of his families and thus inclusion of the petitioner's building in the Ka list was illegal and without any lawful authority.
3. Respondent No. 2 filed an affidavit-in-opposition denying the allegation..
Category: Property Law | Date: | Hits: 21
....nted by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi Nazrul Islam Avenue, Police Station-Tejgaon, Dhaka ...........Petitioner
Vs.
M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka represented by its Managing Director ......e for loss of their goodwill by defaulting in making the payment of the sale proceeds due to the claimant within the stipulated time. In fact the claimant's good will was at jeopardy because of the unlawful action of the respondent. It was submitted that the respondents had failed to prove the two c..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....spondent No. 1 requesting him to inform, whether the seats allotted earlier to the aforesaid members, will be considered to have been vacated or not (Annexure-E). But none of the petitioners reply to any of the letters they have written to the respondent No. 1. 5. Meanwhile a delegation comprisin......n Commission, under Article 66(4) of the Constitution, to hear and determine the dispute according to Act No. 1 of 1981, which he is bound by law to do, shall not be declared as illegal and without lawful authority. 2. The principal question, which this petition under Article 102 of the Constit..Category: Constitutional Law | Date: | Hits: 171
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