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Displaying 1641-1660 of 2091 results.
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
.... Government inasmuch as the right, title and interest of his client in the property was decided by a competent Civil Court in 1980 and the Court of Settlement dismissed the case respondents without any finding regarding the claim. He also submitted that the court of settlement did not find that t......n this case is leased on the finding of the other case filed by the writ petitioner of writ petition No. 648 of 1987 and that the Court of Settlement passed the impugned Judgment and order without lawful authority. 6. Mr. B. Hossain, the learned Advocate-on-Record for the appellant submit..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....llen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served the Bureau by joining in Dhaka office was not legally entitled to any salary or benefits etc. particularly when he had admittedly carried on his occupation of b...... making the rule absolute and declaring the dismissal order of the writ respondent No. 1 dated 7.11.1990 (Annexure-G) and the appellate order dated 23.7.1998 (annexure-I) to have been made without lawful authority and to be of no legal effect and directing that the writ respondents to re-instate..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
.... to the Ministry of Communication for the decision and no such decision has not yet been received in the matter to finalise the leave account of the writ petitioner. They denied the appointment of any new employees in the corporation as alleged by the writ-petitioners. 4. A Division Benc......instead of reinstating the writ petitioners as such the writ petitioners challenged in their respective writ petition the various orders of retiring them from service to be void, without lawful authority and arbitrary. 3. The appellant corporation opposed those Rules Nisi by fil..Category: Employment/Service Law | Date: | Hits: 66
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....receipt wherein it was stated that by order dated 1.6.2000 the Ministry of Home Affairs of the People's Republic of Bangladesh stopped the appellant to leave Bangladesh but neither the said order nor any order passed under Bangladesh Passport Order, 1973 was served upon him. He stated further that h...... impounding his passport and the High Court Division issued a Rule Nisi which was made absolute on contest on 1.3.2000 declaring the order of seizure of the passport as illegal, mala fide and without lawful authority and the High Court Division ordered the respondents to return the passport to the a..Category: Constitutional Law | Date: | Hits: 208
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ed, inter alia,".......................a plaint cannot be rejected under this rule on an objection involving complicated question of facts and law. To strike out plaint at this stage, on any ground, as incompetent or fruitless litigation, is a dangerous step and such a measure sho......enue) the appellants moved the High Court Division in Writ Petition No. 1465 of 1991 and the rule was made absolute declaring the order of the Additional Deputy Commissioner (Revenue) to be without lawful authority and of no legal effect. After the judgment and order in the aforesaid writ petiti..Category: Procedural Law | Date: | Hits: 75
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
.... takes place if a co-sharer landlord acquires the raiyati interest under him and his other co-sharer landlords. As to sub-section (3), it prohibits an ijaradar or revenue farmer from acquiring any occupancy right………..(10) The Bengal Tenancy Act, 1885 (VIII of 188......y;ted it was annulled under section 37 of the Revenue Sales Act; (d) That the subsequent settlement (Jama-bandi) from the Government in favour of the defendants and others was perfectly lawful and valid; (e) The auction-sale in favour of Makram Ali for arrears of rent was valid..Category: Property Law | Date: | Hits: 55
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....essee Mr. Wali Mohammad and his two brothers including Abdur Rahman left erstwhile East Pakistan for the then West Pakistan leaving behind the case property as well as other properties without making any arrangement for its management and possession, that the so called deed of agreement was executed......h Court Division in Writ petition No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. N..Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... Commissioner of Income-tax, Central and United Provinces (1935) 3 ITR 140; M/s. Ram Kumar Kedar Nath V. Commissioner of Income-tax, Bombay (1937) 5 ITR, 361. The appellant Corporation like any other assessee cannot be charged to income-tax on any income, profits or gains which has not be......g to the appellant, in disregard of the requirements of section 6 of the Act. The Income-tax Officer also charged an interest on Tk. 4, 63,817/- under section 18A of the Act which was also without lawful authority. 7. Appellant preferred an appeal before the Appellate Assistant Commission..Category: Fiscal/Taxation Law | Date: | Hits: 102
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....sp; and justice. By majority decision the Appeal is dismissed. - Per Shahabuddin Ahmed J…………….(26) Cases Referred To- Colonial Sugar Mills Company Vs. Irving (1905) AC 369; M/S Haider Automobile Ltd. vs. Pakistan and Province of West Pakistan......er by the aforesaid kabala is, therefore, hit by the provisions of section 9 of the Sate Acquisition and Tenancy Act rendering the same null and void. Plaintiff-appellant acquired perfect lawful right and interest in the suit properties and was entitled to recovery of khas possession th..Category: Others | Date: | Hits: 86
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....nt No. 1-writ-petitioner to file a specific statement in the writ petition and as such, in view of the fugitive from justice. Since the law is now settled that a fugitive has no legal right to seek any kind of redress as against his grievances, if any, against the proceeding pending before the com......008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also conviction without lawful authority of Paltan P.S Case No. 36 (11) 07 corresponding to G.R No. 803 of 2007 arising out ..Category: Anti-Corruption Laws | Date: | Hits: 119
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....ka University as a Lower Division Assistant are illegal, void and for permanent injunction restraining the defendants from evicting him from University Staff Quarter No. 40/C without arranging any alternative accommodation for him. Leave was granted to consider:- (i) whet......igh Court Division wrongly held that there being no rules to deal with the misconduct of the employees of the Dhaka University the impugned action has been taken against the respondent without any lawful authority. 6. Mr. Md. Abdur Rashid, learned Advocate for the plaintiff-respondent, on..Category: Employment/Service Law | Date: | Hits: 69
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....iminal case, being Sessions Case No. 303 of 1983, however ended in an acquittal of the accused persons by the 1st Court of Assistant Sessions Judge, Khulna by judgment and order dated 30-3-85. As many as 15 accused persons, the plaintiff not being one of them, were acquitted of the charge under ......TCB did not consider at all the relevant papers and documents upon which the Enquiry Officer relied and such an opinion of the TCB authority, in the view of the High Court Division, is not a "lawful opinion" and as such the action taken against the plaintiff cannot be treated as a &quo..Category: Employment/Service Law | Date: | Hits: 69
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....ry concerned that after upgrading the post of kanungo from 3rd Class to Second Class Gazetted post, Recruitment Rules Required to be amended. The respondents claimed that the Ministry did not take any steps for necessary amendment of the Recruitment Rules. They further claimed that without ......anungos and formation of a committee to scrutinize and examine the applications received in response to the advertisement, should not be declared to have been made and constituted without lawful authority and is of no legal effect and further why the respondents should not be direc..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... property seriously erred as there is no basis for making the said finding. The High Court Division further held that the Court of Settlement in the facts and circumstance of the case acted without lawful authority in dismissing the case No. 526 of 1987 filed seeking release of the property and th..Category: Property Law | Date: | Hits: 29
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....o granting license to the Nakah Registrar and accordingly by Memo dated 6.6.2000 the appellant was reinstated in his previous post of temporary Nikah Registrar of No. 9 Goalirchar Union and in any view of the matter quoting of a wrong section in no way give a different meaning to the conten...... wrong section in revoking the license of the writ petitioner and further no show cause notice was also issued upon the respondent No. 1 and accordingly the above Memos are illegal and without any lawful authority. 7. As it appears in terms of section 11 of the Act before cancellation of ..Category: Civil Law | Date: | Hits: 133
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... of treatment in respect of his imported goods. 7. The High Court Division rejected the aforesaid contention of the respondent upon observing "the difference in facts would make any difference in the application of the principle which is based on interpretation of section 19 a...... at US$ 1418 per metric ton, the direction given by the Custom authority for declaring the tariff value at US$ 1800 per metric ton in the light of the SRO dated October 28, 1993 illegal and without lawful authority, since the said SRO cannot be effected retrospectively and thereby deprive the res..Category: Fiscal/Taxation Law | Date: | Hits: 74
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....he construction of Union Parishad Building. He requested to take step for selection of Sukhdeb Nagar defying the formal decision undertaken by the majority votes of the Union Parishad without any lawful authority and made an adverse remark behind the back of the Chairman who is an elected ......nstruction of Union Parishad Building. He requested to take step for selection of Sukhdeb Nagar defying the formal decision undertaken by the majority votes of the Union Parishad without any lawful authority and made an adverse remark behind the back of the Chairman who is an elected repre..Category: Others | Date: | Hits: 87
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ons, 1990 (BbwówUD‡Ui Kg©Pvix PvKzix cÖweavbgvjv, 1990) the authority cannot issue an order for deputation without the consent of the employee. As the authority has not taken any consent of the writ petitioner and transferred him on deputation, he applied through proper ch......cÖkvmb/8471 ZvwiL 23Ð02Ð2006 to the post of Senior Assistant Director (Administration) with effect from 23.02.2006 (Annexures-2-14) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to..Category: Employment/Service Law | Date: | Hits: 89
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....sale was set aside was not a person as contemplated under the said provision, acted illegally in maintaining the order of the Executing Court, particularly when the respondent No. 2 has not sustained any injury. 6. We have heard Mr. Rokanuddin Mahmood, the learned Counsel for the appellant and Mr......rder dated 10th March, 1999. 4. Being aggrieved the writ petitioner preferred Writ Petition No.1526 of 1999 before the High Court Division to have the said order declared to have been made without lawful authority. 5. Leave was granted to consider the submission that the High Court Division m..Category: Civil Law | Date: | Hits: 92
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. Lawyers Involved: ...... in law. 8. Mr. Mahmud next contended that under the facts and circumstances of the case, the High Court Division ought to have considered that the trial Court acted arbitrarily and without lawful authority in rejecting the application for addition of parties, addressing itself to wrong i..Category: Others | Date: | Hits: 95
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