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Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....ity. The departmental promotion committee headed by respondent No.2 in total defiance of laws, rules and the representations held a meeting dated 11.12.1996 under notice dated 7.12.1996, without any specific agenda under heading 'miscellaneous' selected and recommended the names of some 46 offi......s for promotion to the posts equivalent to the District level officers of the Livestock Directorate in the scale of Taka 4800-7250/- vide Annexure 'P' should not be declared to have been made without lawful authority and are of no legal effect. 2. That the appellant No. 1 was appointed temp..Category: Employment/Service Law | Date: | Hits: 133
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....ision Bench of the High Court Division in Writ Petition No.1114 of 1998 making the rule absolute. 2. The short fact leading to the filing of the writ petition is that the writ petitioner company, a bonafide business concern doing business for over 50 years, was granted lease of Plot Nos. ......1210 of 1993 before the High Court Division. In its judgment this court declared the unilateral letter of cancellation of lease and subsequent forceful eviction of the writ petitioner to be without lawful authority and was of no legal effect. Against the said judgment and order of the High Court ..Category: Property Law | Date: | Hits: 27
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....d malafide in approving the sale No. 1 0/97,of the respondent No.6 without complying with the clause No. 11 of standing order 15 of 1990 and as such the said approval has been malafide and without any lawful authority, That the customs authorities did not file any affidavit in opposition but the......lafide in approving the sale No. 1 0/97,of the respondent No.6 without complying with the clause No. 11 of standing order 15 of 1990 and as such the said approval has been malafide and without any lawful authority, That the customs authorities did not file any affidavit in opposition but the res..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
.... of the petitioner's properties in Chittagong in national "The Dainik Manab Jamin" and local "The Daily Azadi" being contrary to its own decree allowing the petitioner company to pay off the decreetal amount of Tk. 1,33,46,000/- to the decree-holder bank in 4 (four) equa...... amount of Tk. 1,33,46,000/- to the decree-holder bank in 4 (four) equal installments within one year form the date of the delivery of judgment, which was delivered on 3.10.2004, being without any lawful authority and of no legal effect and that the order No. 9 suffers from inherent defect in th..Category: Civil Law | Date: | Hits: 102
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
.... Md. Hassan Ameen J Brick Linker's Limited and another …………………Petitioners Vs. Titas Gas Transmission and Distribution Company Ltd. and others .........Respondents Judgment August 2, 2007. Lawyers Invol......per annum above the existing lending rate of the Commercial Bank prevailing on the date of default will be charged" inserted by the respondent No.1 should not be declared is an act of without lawful authority and is of no legal effect. 3. The petition was filed seeking restoration of..Category: Others | Date: | Hits: 92
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....t of compensation money to the owner and, as such, the ownership of the previous owner having been vested in the Government, the writ petitioner respondents' right, title, interest and possession, if any, in the acquired land had extinguished and, as such, the High Court Division committed error of ......titioner-respondents. The Government neither utilised the said land nor took over possession of the same. The further case is that the Government decided to return the unutilised acquired land to the lawful owners and accordingly, a circular dated 22-5-1986 (Annexure-E to the writ petition) was issu..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....(herein respondent) on the ground that he was not able to furnish the deed of agreement which was the basis of the ex parte decree and the kabala, and that the Court of Settlement did not refer to any other aspect of the case, that no notice was issued upon the petitioner before enlisting the pr......tition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question ..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
.... and took them to their respective warehouses. After 25 days of taking delivery of the shrimps the buyers directly lodged complaints to the Export Promotion Bureau, briefly the EPB, without raising any objection to the writ petitioners as to the quality and size of the shrimps. The EPB thereafter...... in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Export..Category: Business or Commercial Law | Date: | Hits: 89
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....h the inquiry as regard the allegation ÓweKí wU GÛ wU ˆZix K‡i jvB‡mÝ e¨wZZ A‰ea Kvh©µ‡gi gva¨‡g miKv‡ii †KvwU †KvwU UvKv AvZ¥mv‡Zi Awf‡hvMÓ to have been issued without any lawful authority and is of no legal effect. 2. The Memo impugned in the writ Petition has und......e inquiry as regard the allegation ÓweKí wU GÛ wU ˆZix K‡i jvB‡mÝ e¨wZZ A‰ea Kvh©µ‡gi gva¨‡g miKv‡ii †KvwU †KvwU UvKv AvZ¥mv‡Zi Awf‡hvMÓ to have been issued without any lawful authority and is of no legal effect. 2. The Memo impugned in the writ Petition has under s..Category: Anti-Corruption Laws | Date: | Hits: 113
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution as the notice did not suggest that she was made an accused in any criminal case or compelled to give evidence against her.………(41 and 42) Cases Referred t......-Corruption Commission in violation of section 26(1) of the Anti-Corruption Act, 2004 and Rule 17 of the Anti-Corruption Commission Rules, 2007 and, as such, the impugned order is illegal and without lawful authority; that the appellant No. 1 having issued the impugned order without any satisfaction..Category: Anti-Corruption Laws | Date: | Hits: 144
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....as further held that the respondent had proved before the Court of Settlement by the said oral gift that the case properties were not abandoned properties. The Government-appellants did not prefer any appeal before the Appellate Division and the Ministry of Works vide Notification No. 10/Chatta-......pectively in the High Court Division in Dhaka. By judgment and order dated 30.07.1992 the High Court Division declared the enlistment of the case properties in the' 'Ka' list as illegal and without lawful authority. It was further held that the respondent had proved before the Court of Settlement..Category: Property Law | Date: | Hits: 46
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....ot to acquire the property on the report of the authorized officer and accordingly, no right or obligation arises due to issuance of a notice declaring merely the intention of Government to acquire any requisitioned property and accordingly no right or obligation is created by issuance of such n......usly determined the price prevailing in 2000 when the notification finally acquiring the land was published in the gazette on 31.08.2000; that acquisition and requisition in accordance with law is lawful even if payment of compensation is delayed; that the law requiring the Government to publish..Category: Property Law | Date: | Hits: 37
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....d by the High Court Division in Writ Petition No. 4600 of 2004 making the Rule absolute. 2. Short facts are that the respondent No.1, Jamuna Television Limited is a Private Limited Company which was duly incorporated under the Companies Act, 1994 for the purposes, inter alia, of oper......atellite station (Earth) and Tk.1,300/- as licence fees for 13 stations (one satellite and twelve terrestrial). By a letter, the JTV also requested the Commission to amend the demand note by fixing lawful charges for four channels which were granted. Thereafter, the JTV received impugned letter ..Category: Information Technology Law | Date: | Hits: 321
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ation dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is......n dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is tha..Category: Property Law | Date: | Hits: 23
Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)
....Schools Teachers' Welfare Trust Ordinance, 1985 and the defendant No.1 is a self-decelerated President of Bangladesh Primary Teachers' Association since 1972 and that he illegally and without any lawful authority has been using a fake registration No. 1808/75 of 1962-1963 in the name of&nbs......ols Teachers' Welfare Trust Ordinance, 1985 and the defendant No.1 is a self-decelerated President of Bangladesh Primary Teachers' Association since 1972 and that he illegally and without any lawful authority has been using a fake registration No. 1808/75 of 1962-1963 in the name of B..Category: Civil Law | Date: | Hits: 83
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....uch kind of notice as per provision of section 4(1) of the Anti-Corruption Act, 1957 (the Act) can only be issued when the Government is satisfied, that there is reason to believe that a person or any other person on his behalf is in possession of pecuniary resources or property disproportionate......ue notice under section 4(1) of the Act, the High Court Division was in error in making the Rule absolute and thereupon declaring the notice impugned in the writ petition to have been made without lawful authority and is of no legal effect. 6. We asked the learned Deputy Attorney General ..Category: Criminal Law | Date: | Hits: 29
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....Government accepts the proposal of the removal of the Chairman it shall record its reasons of his removal but in the instant case the impugned Memo of Annexure-A and A1 was issued without recording any reasons of removal of the petitioner from his office under Regulation 12(3) of the Union Parish......Resignation, Removal and suspension) Regulation, 1984. It has been asserted that the post of the Chairman of No. 10 Jalalpur Union Parishad was declared vacant with a malafide intention and without lawful authority. It has been further asserted that as per Section 12(2) of the Local Government U..Category: Others | Date: | Hits: 91
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....ory retirement from service as communicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition a......retirement from service as communicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition again..Category: Employment/Service Law | Date: | Hits: 62
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....ons Judge, Noakhali praying for fresh trial of G.R. Case No.1 of 1983 and thereupon Miscellaneous Case No. 353 of 1996 was registered in the Court of Sessions Judge, Noakhali, who, without issuing any notice, passed order on 26.11.1996 for fresh trial of said G.R. Case No. 1 of 1983 and the Magi......Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing the proceedings against the appe..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....999 she came to know that her representatives, who were in possession of the above property on her behalf were being forcibly evicted with the help of police force and local mustans without serving any notice whatsoever and later on Mr. Shah Mohammad Abul Hossain, Member of Parliament and a relat......ted to consider the submissions that limited question raised in the writ petition being that whether in the facts and circumstances of the case the respondents particularly respondent No. 2 acted lawfully in treating the property of the petitioners as vested property and leasing out the same to ..Category: Property Law | Date: | Hits: 40
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