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Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
.... was maintainable as per provisions of section 21 of the General Clauses Act; that the writ petition is maintainable and that the writ petitioner was dismissed from the service without affording any opportunity of being heard. 3. Mr. Rajik-al-Jalil, learned Deputy Attorney General has tak......petitioners seek leave from a judgment and order of the High Court Division in Writ Petition No.10747 of 2006 making the rule absolute and declaring the impugned order to have been issued without lawful authority. 2. Writ petitioner was appointed as an auditor in the Thana Accounts Office,..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
..... Thus the prayers were also not made in conformity with the language of article 102 of the Constitution. 5. However, after the issuance of the Rule, American Express Travel Related Services Company, Inc (AETRSCO) World Financial Centre, American Express Tower, New York, USA represented by the ......er XXXVII (sic) Code of Civil Procedure; without passing the Court of District Judge, Dhaka the Court’s order granting leave to appear or to defend shall 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: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....ondents to show cause why the said judgment and order of affirmance passed by the Chairman, Labour Appellate Tribunal in Appeal No. 349 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed a......nts to show cause why the said judgment and order of affirmance passed by the Chairman, Labour Appellate Tribunal in Appeal No. 349 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....port should not be declared to have been passed illegally, without lawful authority and hence, are of no legal effect. 2. Vide the interim order the respondents were also directed not to issue any work order till 09.06.2010 and the Chittagong Port Authority were directed to continue its fun......s published in the “Daily Purbokon” on 18.05.2010 (Annexure-A-2), for container and containerised cargo handling at Chittagong port should not be declared to have been passed illegally, without lawful authority and hence, are of no legal effect. 2. Vide the interim order the respondents..Category: Others | Date: 21 Jun, 2012 | Hits: 20
.... that during the War of Liberation, Khawaja Mohammad Aref left Bangladesh leaving the property uncared for and when the P.O. (President’s Order) 16 of 1972 was promulgated neither the owner nor anybody on his behalf was there to look after, manage or control the property in question and as suc...... of Works was an act of collusion with the personnel of the Ministry. The gift alleged to have been made by Khawaja Md. Zarrar to his wife had no legal validity as said Khawaja Md. Zarrar was not the lawful owner of the case property. Therefore, he had no authority to make gift of the property in fa..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....the interposition of equity. Equity has always, true to form, stepped in to mitigate the rigours of strict law. 20. It is true that the petitioner and respondents in the instant case were not in any kind of legal relationship. From the memos it is evident that there was an express provision tha......he appointment of sub-Inspectors of Police pursuant to the respondent No. 7's recruitment notice as published in the Daily Samakal on 27-3-2010 (Annexure-A-2), shall not be declared to be without lawful authority and of no legal effect, and as to why the respondents shall not be directed to recr..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
....gal effect and/or such other or further order of orders passed as to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented by its Managing Director, established a factory for manufacturing Float Glass by usi......by deduct ion in the current account register and stopping the supply of the goods till having positive balance in the said register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... responsibilities for a maximum period of 120 days and in the instant case the said period had also been expired long before filing of the writ petition and obtaining Rule. Without being appointed at any point of time the petitioner managed to obtain the ad-interim order of stay and till one year he......e respondent No.7 to prepare a fresh panel for appointing a Nikah Registrar for No.1 Sindurpur Union Parishad under Upazila-Dagonbhuiyan, District-Feni should not declared to have been issued without lawful authority and hence, of no legal effect and as to why the respondents should not be directed ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the, power to a......ention was served upon the detenue on 20-3-1997 and the grounds of detention were served upon the detenue on 28-3-1997. It is stated that the detenue was detained under the Special Powers Act, 1974 unlawfully, and without jurisdiction. He was detained to suppress his political movement and also for ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....e mutation of 7 R.S. plots measuring 5.17 acres of land in the name of Moqbul Ahmed. The writ-petitioners never claimed that these are corresponding plots and as such, they are not entitled to get any relief in the writ petition on such controversial and disputed facts. It is not correct that t......a in Case No.3-85/94(Appeal)-Dhaka and the order dated 08.10.1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No.19 of 1987 to have been passed without lawful authority and are of no legal effect and also for a direction upon writ respondent Nos.3-5 t..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ক-৩/২০০৫)অংশ-১/১০৫৪১ dated 18-8-2011 rejected the request of the Principal, on the ground that the petitioner is, the second teacher and therefore is not entitled to get any MPO. That Memo of 18-8-2011 runs as follows:— গণপ্রজাতন্ত......13-12-2011 (Annexure-H) issued by the respondent No.3 refusing to provide the facility of Monthly Pay Order (MPO) to the petitioner should not be declared to have been made illegally and without lawful authority and as to why they should not directed to allow the Monthly Pay Order (MPO) facilit..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....ere liable to be declared void. 3. Petitioners contested the matters claiming that the orders were issued in exercise of the power conferred by regulation 52(1) of the Regulations without giving any stigma to the writ petitioners; that the petitions are not maintainable, inasmuch as, the writ p......rs to reinstate those employees and that there is no ground to discriminate the writ petitioners. Accordingly, the High Court Division declared the orders of termination to have been issued without lawful authority and directed the petitioners to reinstate the writ petitioners in their respectiv..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....appearing for the respondent No. 2-bank by filing affidavit-in-opposition opposes the Rule. His contention is that the law is well settled that order of warrant of arrest cannot be circumvent in any manner or on any pretext. Further he has also stated that the petitioner being a fugitive c......005 detaining the petitioner and 4 others in civil prison for 6 (six) months (Annexure-E-1) in so far as it relates to the petitioner only should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....espondent No.1) in Appeal Case No.74 of 2009 (Annexure-E) setting-aside the judgment and order dated 14-5-2009 in Complaint Case No.04 of 2006 by the Third Labour Court, Dhaka has been passed without any lawful authority and is of no legal effect. 2. In this application under article 102 of the......ndent No.1) in Appeal Case No.74 of 2009 (Annexure-E) setting-aside the judgment and order dated 14-5-2009 in Complaint Case No.04 of 2006 by the Third Labour Court, Dhaka has been passed without any lawful authority and is of no legal effect. 2. In this application under article 102 of the Con..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....it Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war,...... Act, 1973 by insertion of the expression "any individual or group of individuals" shall not be declared to be ultra vires to the Constitution and also declared to have been enacted without lawful authority and is of no legal effect and why section 19 of the Constitution (Fifteenth) Amendm..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
....lows:—
An arbitration proceeding between the appellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, acceptance, installation a......ept the machineries of the plant, which do not satisfy the actual requirement and falls short of specification. It is submitted that the tribunal has utterly failed to consider that the purchaser can lawfully reject any goods or any part thereof under the General Conditions of Contract, if fails to ..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....os.5 and 6 respectively) and the other SS plot No.3433 was recorded in the name of Rashid Ali (vendor of the plaintiffs) and Harendra Kumar Kar in equal share. The defendants are not in possession of any portion of the first schedule land attracted by the aforesaid two plots. Taking advantage of the......e to him from Ranjit and his brother on the ground of Rashid Ali's failure to produce rent receipt ignoring the principle of law that non-payment of rent does not affect the title accrued through lawful transfer from the rightful owner. He lastly submits that Ranjit Kar and others (predecessors ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....nt appellant's case is that, the father of the plaintiffs, late Professor Yusuf Ali and this defendant had good relationship. This defendant established "Datco Private Limited" Company and this defendant through this Company earned foreign currency for this country. Defendant at f...... evicting him from the suit premises permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it having not been registered is unenforceable and also inadmissible in evidenc..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....he liberty to lay their claims e.g. on the seized gold before the proper authority under the relevant law. In such instances, the High Court Division should not entertain the writ petitions and if any Rule is issued therein that should have been discharged on the ground of maintainability…......relation to SGR Case Nos.19 of 2002, 17 of 2002, 20 of 2002 and 18 of 2002 corresponding to Sylhet Kotwali PS Case Nos.51, 52, 53 and 54 respectively dated 13-8-2002 to have been prepared without lawful authority and was of no legal effect and also for a direction to release the goods seized by..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....s of the parties the learned SCC Judge framed the following issues; Is the suit maintainable in its present form? (a) Is the defendant a habitual defaulter in paying rent? (b) Is there any bonafide requirement of the plaintiff in the said land? (c) Is the plaintiff entitled...... Selina Begum Vs. Azimun Nessa, 6 BLC (AD) 115. (c) Thereafter, he submitted that the case of bonafide requirement of the premises by the plaintiff has been established and the SCC Judge was not lawful to ignore the question of bonafide requirement. He submitted that the plaintiff has got ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
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