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Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.....2.2000 and even then he was not fully cured and could not move from one place to another due to his feeling sicken and there having no other competent person to look after, he was not able to take any step in the above case. Moreover he again being attacked by the same viral hepatitis remained u......r under section 25(1) of the Special Powers Act and Nikunja Bihari challenged the validity of the proceeding taken against him in the above Special Tribunal Case No.17 of 1974 as being without any lawful authority. 15. The High Court Division found that clause (a) of the Notification No. ..Category: Criminal Law | Date: | Hits: 70
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....tgaged with 'H. Dey Jewellers' the appellant had no right, title and interest in the mortgaged property and as such no succession certificate could be issued in favour of his heir. Moreover, many of the mortgagers were dead and in the meantime Haladhar Chandra Dey left for India and they co......ath Dey. 14. From the above definition and meaning it is clear that the ornaments now lying with the Bangladesh Bank could come within the definition of debt if when the claimed by its lawful owner. If Aloke Nath Dey was but only heir of Haladhar Chandra Dey could he claim the orna&s..Category: Property Law | Date: | Hits: 39
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....king it obligatory for the Respondent No. 2 to implement its resolution and as such in giving the direction to the PDB while disposing of the writ petition the said Division has not committed any illegality or error. 9. It is seen from the materials on record that on April 17, 2000 R......etitioner was responsive, in favour of the present petitioner (Respondent No. 4 in the writ petition) seeking declaration that letter of intent has been issued in favour of Respondent No.4 without lawful authority and that letter of intent issued in favour of Respondent No.4 be cancelled or with..Category: Procedural Law | Date: | Hits: 83
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....use from the place where he was transferred it may be mentioned case before AT and AAT was disposed of solely on matters of law and at no stage allegations against appellant was considered in any respect in disposing of the case. 2. Facts, in short are that respondent No.1 after obtai......ld, "even if the Secretary is taken to be competent authority the position is in no way improved as the secretary who made the order and under whose signature the order was communicated had no lawful authority and as such it is of no legal effect." 10. It was contended on behalf ..Category: Administrative Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
.... Union failed to hold election after expiry of 2 years to elect a new Executive Committee and the previous committee continued to run the functions of the Executive Committee, without holding any election and without complying with the provisions of the constitution with regard to hold......the Suit as not being pressed. On 11.05.2000 the Deputy Managing Director, Finance and Administration of WASA wrote a letter to the registrar of Trade Union to know which was one of the Unions the lawful executive committee of Dhaka WASA Sramik Karmachari Union. The respondent No.1 by impug..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....to his post with all benefits and privileges. In spite of repeated remainders to the authority to set aside his order of dismissal and to restore him to his post the respondent No.1 did not receive any reply from the authority. In the background of the aforesaid facts the Respondent No. 1 served ......nce that such approval was obtained from Thakurgaon Palli Bidyut Samity and the Rural Electrification Board. In that view of the matter we hold that the impugned dismissal order was passed without lawful authority. There is no record before us nor it is the case of the respondents that any ..Category: Employment/Service Law | Date: | Hits: 83
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....of 2 years and he had no jurisdiction to allow the interest beyond the date of the award in view of section 29 of the Arbitration Act. 9. It is well settled that an award may be set aside on any one or more of the grounds mentioned in section 30 of the Arbitration Act and here in the ......der the following:- "...........the learned Counsel for the petitioner contends that the learned Arbitrator having conducted the arbitration proceeding only for three months had no lawful authority to award the interest on the unpaid amount of Tk. 6,82,40,216,. 13 Paisa for a pe..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....ment purposes. Awards were prepared in the name of the predecessors of the writ petitioners for all the plots in question and they received compensation money from the appellants without any objection. Possession of the requisitioned lands including the case property was handed over to...... body it is palpably clear that the publication of the final notice in Gazette under Section 5 (7) of the said Act is in process. 10. In view of the facts and circumstances of the case, the lawful order the learned Judgers of the High Court Division could pass under law was to direct the ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....that writ petition on 23.6.1981 calling upon the appellants of the two appeals to show cause as to why the said notice for sale of the said property should not be declared to have been made without any lawful authority and of no legal effect. That rule was ultimately disposed of as anfractuous by ...... writ petition on 23.6.1981 calling upon the appellants of the two appeals to show cause as to why the said notice for sale of the said property should not be declared to have been made without any lawful authority and of no legal effect. That rule was ultimately disposed of as anfractuous by judg..Category: Tenancy Law | Date: | Hits: 148
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......tion. The respondent prayed for a declaration that the impugned order/super cession dated 18.12.1994 passed by the Ministry of Environment and Forest should be declared to have been passed without lawful authority and also prayed for considering the seniority of the petitioner while promoting of..Category: Administrative Law | Date: | Hits: 95
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....ality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of the fundamental right guaranteed by article 42 of the c......tion of the government officers and cancelled the allotments although possession was earlier made over and as such the act of the respondents canceling allotments was illegal and without lawful authority. 6. The High court Division discharged the Rules primarily upon the view th..Category: Property Law | Date: | Hits: 27
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....ice on 30 November 1994. The authority thereafter issued the order retiring the appellant compulsorily from the service. The appellant filed appeal on 16 January, 1994 and that having not received any information from the respondent as to the result to the appeal he wrote to the appellate-author......dated 5 January, 1995 compulsorily retiring the appellant from his service made by the respondent No.1 and issued under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 AD..Category: Employment/Service Law | Date: | Hits: 69
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
.... Subsequently, the appellant submitted repeated representations to the respondent No.1 the Deputy Commissioner, for return of his fire arms, live bullets along with valid licenses but without any result. The Respondents case is that the respondent No.1 the Deputy Commissioner, Mymensingh re......ated 18.10.1999 issued by the respondent No.3 (in the writ petition) to the petitioner (Annexure-F) seizing the fire arms of the petitioner and their licenses are declared to have been made without lawful authority and are of no legal effect and the respondents are directed to return the German m..Category: Criminal Law | Date: | Hits: 40
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....d on the same footing and continued as a same political unit but by the impugned order a discrimination has been made and thus the impugned order is liable to be declared to have been made without any lawful authority and is of no legal effect; that the impugned notification was issued with...... the same footing and continued as a same political unit but by the impugned order a discrimination has been made and thus the impugned order is liable to be declared to have been made without any lawful authority and is of no legal effect; that the impugned notification was issued with a m..Category: Property Law | Date: | Hits: 22
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
.... in revision seems to us a practical one who found to have discussed the matter from every angles. It may be mentioned here that the learned Advocate for the appellant failed to point out any illegality or unsoundness of the findings of the learned Judge of the High Court Division ...... that the very important and primary evidence as regard limitation, plaintiffs knowledge and bonafide of the signature of Haridas (father) on the disputed gift were not available and that would be lawful and equitable to send this suit back for retrial setting aside the decision and giving the p..Category: Property Law | Date: | Hits: 24
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....d writ petition deserves interference by this court. 5. We have heard the learned Advocate for the petitioner and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the mat......tion No.4500 of 2001 and as such committed illegality in declaring the similar letter dated 29.8.2005 asking the respondent No.1 for payment of Government dues of Tk.2,14,50,715.00 as without lawful authority. He lastly submits that the Commissioner of Customs is a lawful authority und..Category: Fiscal/Taxation Law | Date: | Hits: 55
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....red his 1/3rd share in the joint property under section 15 of Ordinance VII of 1947, on condition that he will not eject the refugees who have already been settled on his land and will not dispose of any part of his property without the permission of Custodian, Evacuee Property. Respondent No. 2 bei......for confirmation of such creation of a right or encumbrance or transfer as aforesaid may be made to the Custodian within the prescribed period by any party thereto, or by any person claiming under or lawfully authorised by such party. (3) The Custodian shall hold a summary inquiry into the appli..Category: Property Law | Date: | Hits: 28
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....aqf Estate. The rapid development of the Waqf Estate has become eyesore of some persons in the locality and they have been trying to grab the landed property of the Waqf Estate. There were as many as Title Suits pending before the Assistant Judge and one of them filed by the petitioner hims...... post of Mutwalli are based on extraneous consideration, which have influenced the executive decision of the Administrator of Waqf, the Respondent No.1, thus the Respondent No.01 acted without lawful authority; that there being no other efficacious remedy the appellant served demand of just..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
.... now do form part of lake is under water and is required to be preserved ad lake In order to prevent private encroachment in the lake area a direction is required to be made upon RAJUK not to approve any building plan in the area covered by lake including the area proposed to be acquired for preserv...... the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the time of the granting of the petitioner's lease. That the respondent Nos. 1-2 have no lawful authority to change the lay out plan except in accordance with law; the lay out plan prepared..Category: Property Law | Date: | Hits: 36
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....business partner of Mr. Abdul Jail. But the respondent-Opposite Party No.1 is neither a tenant nor a licensee of the shop rather he had been trying to forcefully occupy the shop No. 9 without any approval from the Book Society. 4. It was further stated on behalf of the petitioner tha......ead Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respondent-opposite party No.1 Mohammad Dastagirul Haq was an unlawful occupant of the case shop and was a well known terrorist in Chittagong. It was also stated t..Category: Criminal Law | Date: | Hits: 32
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