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Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....nstead of remaining as the tenants of the two Trade Unions became tenants of the Government which infuriated the respondent Nos.2, 4 and 5 and then the respondent No.5, on 1.6.2004, without issuing any notice, did put the shops of the petitioners under lock and key and while the petitioners were ...... Works Department of the Ministry of Housing and Public Works was entrusted with the duty to look after those and the Ministry of Housing and Public Works, being the owner of Shilpa Bhaban, has the lawful authority to allot any part of the Bhaban subject to consultation with the Ministry of Indu..Category: Civil Law | Date: | Hits: 84
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
.... a building; during the period between 06.03.1991 and 24.03.1998 the respondent No.1 addressed RAJUK by a series of letters, requesting for registration of the lease deed but RAJUK did not reply to any of their letters; the respondent No.1 made personal contact with the officers of RAJUK for exe...... writ petitioner ignoring the establishment of pump station indulged in constructing pacca two storied residential building without approval of the plan from RAJUK and with a view to derive some unlawful gains erected several Bastighars for earning money through letting out those Bastighars to s..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... not known and consequent thereupon as the oral gift said to have been made by Sahera Khatun to his daughter Anwari Khatun cannot be considered as genuine and that as Anwari Khatun did not acquire any right, title and interest in the property in question from Sahera Khatun, as such Respondent No......t Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Governme..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
.... Administrative Officer on June 30,1979 and he was promoted to the post of Deputy General Manager by the office order dated April 27, 95 and was transferred on April 15, 2000 to Tabani Beverage Company, an industrial unit of the Trust, and there he was holding current charge of the office of Gene......he allegations against the respondent No.1 being not an inquiry as contemplates by the Rule 27 (2) of the Rules is not legal and consequently in holding that removal of the respondent No.1 was not lawful as well as "is of no legal effect". 10. The other contention of the learned..Category: Employment/Service Law | Date: | Hits: 408
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....tioner and same was sent to the petitioner. The petitioner filed an application to the authorized officer on 17.08.2004 praying for time for this appearance due to his sickness. But without paying,any heed to his prayer for time the special meeting was held on 19.08.2004 and resolution was sent ......the averments made in the writ petition contending, inter alia, that after being elected as Chairman, petitioner worked against the interest of the general public; that he became involved in many unlawful activities of which he incurred displeasure of the public of the concerned Union Parishad as..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited a......how cause as to why the impugned order dated 21.01.1996 (Annexed as Annexure-A to the Writ Petition No.2727 of 2000) passed by the respondent No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as t..Category: Property Law | Date: | Hits: 37
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....amalgamation but again, on the self same matter, the respondent No.4 issued the order dated 28.4.2004 disregarding the earlier verdict of the civil Court which manifestly being illegal and without any lawful authority, is liable to be struck down. We are of the view that the High Court Di......gamation but again, on the self same matter, the respondent No.4 issued the order dated 28.4.2004 disregarding the earlier verdict of the civil Court which manifestly being illegal and without any lawful authority, is liable to be struck down. We are of the view that the High Court Divisi..Category: Employment/Service Law | Date: | Hits: 122
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
.... prejudiced. 5. We are not impressed by the submissions of Shah Md. Munir Sharif. In the fact and circumstances of the case, we are of the view that the High Court Division has not committed any error of law in fixing the date of hearing of the rule which apparently has been done in antici......e declared to be ultra vires the Constitution and the proceedings of Artha Rin Suit No.315 of 2004 now pending before the Artha Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as ..Category: Civil Law | Date: | Hits: 80
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....final decree and that before making final decree the preliminary decree for partition on the basis of a solenama being an unstamped memorandum of a partition cannot be admitted in evidence even for any purpose. It appears that an Advocate Commissioner was appointed to submit a report and objecti...... on through discussion remanded the case to the trial Court for rehearing on the Advocate Commissioner's report for deciding the actual area of the suit khatian and upon considering the report, if lawful, accept the same in evidence. That suit shall not abate for non-substitution of a dead party..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....therefore i.e. Valuation Determination (imported goods) Rules, 1997 and that the respondent had no authority to determine the tariff value and that the tariff value is arbitrarily and not based on any material and in violative of the provision of Section 2597 of the Customs Act and that there is......ee was constituted nor the normal price of the item in question had been collected and taken into consideration and as such the impugned fixation is liable to be declared to have been made without lawful authority and is of no legal effect. He then submits that the High Court Division ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....ecuted on 05.11.1994. It was also stated by him that the petitioner's wife, as per clause 6 of the prospective of defence officer’s housing project, was not entitled to apply for joint allotment of any plot as she had not completed 18 years commission service in the Army and she was also owner o......y the Director, Military Land and Cantonment Directorate Ministry of Defence, so far as it relates to the writ respondent No.4, the present petitioner should not be declared to have been made without lawful authority and was of no legal effect and why the allotment of the entire plot should not be..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....ry of Land much after the decision was taken by the Divisional Commissioner for acquisition of the case land. Moreover the writ petitioners could not establish the allegation about the existence of any land of the writ-respondent No.5 in or about the vicinity of the acquired land by producing an......Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the said proceeding..Category: Property Law | Date: | Hits: 42
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
....ppellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Eastern Tubes Limited, a limited liability company, subsequently nationalized and placed under BSEC, represented by its Managing Direct.......1 thereupon moved the High Court Division by filing the aforesaid writ petition and the High Court Division after hearing both the parties declared the aforesaid order of the Labour Court without lawful authority by the impugned judgment dated 22.11.2005. 3. Syed Amirul Islam, the learne..Category: Employment/Service Law | Date: | Hits: 81
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....ined at import stage under Section 25 of the Customs Act plus VAT and other charges paid and Section 6 of the VAT Act provides that the VAT will be realized under the provision of the Customs Act and any rule framed thereunder as if it is a duty under the Customs Act. 5. The High Court Divisio......ing for the petitioner submits that the High Court Division was not justified is not considering the fact that the supplementary duty fixed at 25% per Metric Ton on Grey Port Land Cement is without lawful authority inasmuch as the same has been fixed arbitrarily and without fulfillment of the re..Category: Fiscal/Taxation Law | Date: | Hits: 65
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....y brother Md. Joynul Abedin J. In the totality of the facts of the case I am of the view the writ petitioner was neither in abscondence nor a fugitive while moving the writ petition, since he was, in any respect, not fleeing or running away from the law or the Court, or avoiding process of the Court......es in these two cases is unwarranted and not tenable in law. Hence the initiation and continuation of the proceedings in these two cases under the Emergency Power Rules are unauthorised and without lawful authority. 9. In this backdrop of the case, the High Court Division having heard the writ ..Category: Anti-Corruption Laws | Date: | Hits: 139
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......ppointment of teachers are to be made. But without the decision of the planning committee the advertisement for appointment of teachers was made. Hence the resolutions and advertisement are without lawful authority. 3. The respondent's case is that the Planning Committee did not take up t..Category: Civil Law | Date: | Hits: 134
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
.... public from dealing with the petitioner as it has been attracting deposits from the general public on the assurance of giving them high interest should not be declared to have been issued without any lawful authority. 3. The High Court Division upon hearing the learned Counsel for the pa......lic from dealing with the petitioner as it has been attracting deposits from the general public on the assurance of giving them high interest should not be declared to have been issued without any lawful authority. 3. The High Court Division upon hearing the learned Counsel for the partie..Category: Banking Law | Date: | Hits: 292
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rs of the Judges of the Supreme Court in the like manner as those of the P.A.-Cum-Stenographers of the Secretary and Joint Secretary have to perform duties similar in nature and there should not be any discrimination in matters of granting such Special Allowances to the petitioner; by notificati...... regarding his status and privileges by the impugned annexures- "E and "F of the writ petition have been rightly declared by High Court Division to have been issued illegally and without lawful authority. 13. On perusal of the impugned judgment of the High Court Division, we fin..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....d connection of the utility services, that the action of the authority i.e. cancellation of the allotment was unlawful, that the authority in canceling the allotment of the allottees did not serve any notice and that the allottees were also not heard while the order of cancellation of the allotm......6, 267, 371, 270, 370, 271, 377, 268, 374, 262, 379, 378, 261, 373, 264, 263, 372, 375, 384, 383 made earlier in favour of the Respondent in the respective civil petitions have been issued without lawful authority. 3. The writ petitions were filed stating, inter alia, that Government too..Category: Property Law | Date: | Hits: 27
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....it-respondent No. 3 under Memo No. AJM/Pers/1/T-1/2000/200 dated 3.12.2000 directing the writ petitioner to go on retirement with effect from the afternoon of 28.2.2001 has been made/passed without any lawful authority and of no legal effect. 2. The respondent No. 1-writ-petitioner filed &......espondent No. 3 under Memo No. AJM/Pers/1/T-1/2000/200 dated 3.12.2000 directing the writ petitioner to go on retirement with effect from the afternoon of 28.2.2001 has been made/passed without any lawful authority and of no legal effect. 2. The respondent No. 1-writ-petitioner filed ..Category: Labour and Industrial Law | Date: | Hits: 77
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