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Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... MLSS from 31.05.2003 as per the latest Government circular regarding no extension of the post of MLSS of the based “No work No pay”. So after termination the petitioners are not entitled to have any legal claims to the post of the MLSS of the Chemical Laboratory in question. 9. Its furth......lar of the government shall prevail and as because the post of MLSS is not yet sanctioned finally by the Secretary Committee. The claim of the petitioners to get absorb in the post of MLSS is without lawful basis and therefore, stands to be cancelled right way. The conditions No. 2 of the contract l..Category: Employment/Service Law | Date: | Hits: 106
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... possession and enjoying usufructs therefrom declaring her owner-ship in public and has been growing paddy in the paddy field and rearing fish in the ponds peacefully, uninterruptedly and without any objection from any quarter and has been paying rents to the Government; but in the middle of Mar......the gazette notification dated 18.11.1961 published on 30.11.1961 (Annexure-F to the writ petition) so far relates to the property detailed in the schedule of the writ petition is illegal and without lawful authority and of no legal effect. 5. The High Court Division in making the Rule absolu..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....eacefully, he had received a letter under memo dated 18th May, 2005 from the Ministry of Commerce addressing the President of Faridpur District Minibus owners Group although there was no existence of any organisation in such name. The writ petitioner has been holding the post of the President of t...... nisi absolute and declared the impugned memo dated 11th November, 2008, appointing the writ respondent No.5, as administrator of Faridpur District Minibus Owners Group as has been passed without any lawful authority and is of no legal effect. 5. Being aggrieved by the said judgment and order..Category: Constitutional Law | Date: | Hits: 107
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
....ding of the execution proceeding in Artha Rin Execution Case No.471 of 2008 should not be declared without lawful authority on the following averments. The writ petitioner No.1, a private limited company, obtained loan from respondent No.3, Hong Kong and Shanghai Banking Corporation Limited amount......d 6.7.2008 attaching the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding in Artha Rin Execution Case No.471 of 2008 should not be declared without lawful authority on the following averments. The writ petitioner No.1, a private limited company, ob..Category: Banking Law | Date: | Hits: 84
....
The Special Powers Act, 1974 (XIV of 1974); Section 3
The word ‘concerned’ used in the section is a vague word
By using the word ‘concerned’, a police gets unhindered power to arrest any person stating that the person arrested by him is ‘concerned’ in a cognizable of...... III of the Constitution….................(26)
A Police officer cannot arrest a person under section 54 of the Code with a view to detain him under the Special Powers Act. Such arrest is neither lawful nor permissible under section 54.
If the authority has any reason to detain a person under..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 12-1-1982, without at all giving any finding as to possession of the suit land, cancelled the mutation. The appellants then filed A......n No.159 of 1989 and the High Court Division, after hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authority with the observation that the question of title and ownership and validity of the..Category: Property Law | Date: | Hits: 29
....op rooms in the basement, 140 in the ground floor, 141 in the 1st floor and 151 in the 2nd floor, that the appellant or other affected shop keepers failed to prove that the City Corporation gave them any assurance to allot shop rooms in the ground floor of the Super Market and that the affected sh......s, it is apparent that the allotments have not been made fairly, and in an arbitrary manner and thus, those arbitrary allotments should have been declared to have been made or given to them without lawful authority. The learned counsel further contended that the appellant being an affected shop ..
Category: Property Law | Date: | Hits: 29
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....iabilities to the respondent Nos.2,3,4 and 5 should not be declared to have been made without lawful authority and is a nullity." 3. The petitioner is a share-holder of respondent No.7 company (a public limited company) having 2,500 shares out of the total of 16,000 sharers which is 15.......port in so far as it links the petitioner to the pro-forma respondent (Quasem Cotton Mills Ltd.) and its liabilities to the respondent Nos.2,3,4 and 5 should not be declared to have been made without lawful authority and is a nullity." 3. The petitioner is a share-holder of respondent No...Category: Business or Commercial Law | Date: | Hits: 216
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....her bidders have already been refunded. Although by now nearly 5(five) years have already elapsed the earnest money of the petitioner as the highest bidder has not been refunded by the respondent nor any decision has been taken allotting or refusing to allot the said plot to the petitioner. Hence th...... and Memo No. RAJUK/Estate 2827 Sta: dated 14.08.2003 issued by the respondent No.5. Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- ..Category: Limitation Law | Date: | Hits: 154
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....etition for leave to appeal is directed against the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No. 265 of 1997 discharging the rule nisi on contest without any order as to costs. 2. The facts, in short, are that the disputed building was allotted to Sye......nd as such the land of the original owner could not be declared as abandoned property and as such the inclusion of the property in the 'Kha' list of abandoned building has been done without any lawful authority and the same is of no legal effect and leave was granted to consider the submissi..Category: Property Law | Date: | Hits: 37
....for realization of VAT @ 15% from the 20% of the total fees and commissions of the PSI Agencies.
3. The High Court Division has declared the aforesaid Memos. of the NBR to have been passed without any lawful authority and are of no legal effect and thereupon further declared that the PSI Agencies......g the Rules absolute upon declaring the action of the revenue levying VAT on the fees and commissions of the writ-petitioners who acted as Pre-shipment Inspection Agencies to have been passed without lawful authority and of no legal effect.
2. In Writ Petition No.3475 of 2002 the writ-petitioner ..
Category: Fiscal/Taxation Law | Date: | Hits: 95
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....the matter to the Syndicate for taking final decision regarding his appointment in view of the complaint made by an Associate Professor. The Syndicate formed an inquiry committee but failed to submit any report within the stipulated time. As a result, the Syndicate formed another committee, which af......this right cannot be taken away in such an arbitrary manner. We, therefore, find substance in the Rule and the order of termination of the petitioner is liable to be declared as illegal and without lawful authority and is of no legal effect. The petitioner is, therefore, entitled to be reinstate..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....ndicative value", is a foreign and unknown terminology. The Customs Act (IV of 1969), Sections 25(1)(7), 30 & 79 Customs duty— No internal circular of the authorities can fix in advance any value like indicative value of any imported merchandise for the purpose of assessment of customs......el for the respondents submitted that section 25 of the Customs Act, 1969 does not authorise the appellants to issue the circular dated 3-7-1994 and the same has been issued arbitrarily and without lawful authority as section 25 envisages determination of normal value under section 25(1) or fixa..Category: Fiscal/Taxation Law | Date: | Hits: 86
....istant Secretary (Drafting). Rule-7 of the said Rules provided for absorption of Officers of Judicial Service in the Legislative Drafting Wing on their option and particularly rule-7(2) provides that any person once absorbed in this service shall not be allowed to go back to his previous service. By......ি বিধিমালা, ২০০২. The writ-respondent No. 5 is holding his present office as Secretary-in-charge of the Ministry of Law, Justice and Parliamentary Affairs on being duly and lawfully appointed by the competent authority on 28.06.2007. At the time of his appointment the peti..
Category: Constitutional Law | Date: | Hits: 207
....se No. 13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 12.01.1982, without at all giving any finding as to possession of the suit land, cancelled the mutation. The appellants then filed App......n No.159 of 1989 and the High Court Division, after hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authority with the observation that the question of title and ownership and validity of the d..
Category: Property Law | Date: | Hits: 43
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
.... concerned Madrasa authority to explain their position. We therefore find the impugned judgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......, but the respondent No.2 has got no such power and he can only act on the said recommendation in respect of money payment order only" and consequently declared the impugned order without lawful authority. 5. Leave was granted to consider the submissions that the impugned order h..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
.... in installments, and that the defendant filed an application in the Court below for dismissing the suit on the ground of want of cause of action and prematurity in filing the suit but without any fruitful result and faced with such situation the defendant moved the High Court Division ......Court Division in Writ Petition No. 4219 of 2005 praying for a declaration that the continuation of Artha Rin Suit No. 73 of 2004, pending before the Artha Rin Adalat, Cox's Bazar, is without lawful authority and of no legal effect relying on the aforesaid grounds and that the High Cou..Category: Civil Law | Date: | Hits: 136
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
.... hearing and by order dated 11th January, 2009, allowed the said application in part and directed the law enforcing agencies "not to arrest and otherwise harass the petitioner before his surrender in any Court of law till 18.1.2009". On 18th January,2009 the writ petitioner filed another application......sp;writ of Certiorari is limited to judicial and quasi-judicial bodies, as such, this jurisdiction can be used in the narrow sense to declare as to whether the act done or proceeding taken is without lawful authority and is of legal effect or not. In exercising this power of judicial review the cour..Category: Anti-Corruption Laws | Date: | Hits: 211
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....lso necessity in public interest so to levy and thus it is the NBR which actually levy the duty and such decision of NBR is beyond Article 83 of the Constitution; that the parliament has not taken any decision that it is desirable in public interest to impose supplementary duty on certain items ......d cement is an essential item for construction of building toward a complete life and is not a luxury item and as such, imposition of supplementary duty on ordinary Grey Portland cement is without lawful authority being ultra vires to Section 7(1) of the VAT Act; that inclusion of Grey Portland ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
.... receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any man of ordinary prudence. 5. The present appellant as 3rd party being aggrieved by as th......30.07.2003 passed by a Division Bench of the High Court Division in Writ Petition No.1613 of 2003 making the rule absolute declaring the impugned order dated 10.11.2002 to have been passed without lawful authority and directing the writ-respondents to give the work order and licence to the writ-..Category: Civil Law | Date: | Hits: 149
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