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Displaying 1761-1780 of 2091 results.
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ions 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving false evide......ent of the learned Advocate is really a fanciful one. The broad fact remains that PW 18 was competent under the law to record Ext. 7 and he has recorded the same and proved the same in Court. Can any lawful objection be raised as to the admissibility of this document as has been argued by Mr. Malek?..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....learned Counsel for the appellant contended that section 28 of the Local Government Ordinance, 1976 has conferred right upon the appellant to move application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, th......lection of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authority and of no legal effect. 2. The election of the appellant was held on 13-1-77..Category: Election Law | Date: | Hits: 122
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....tter sent to Bangladesh Bank making certain queries and this being an internal communication made in the process of reaching decision un-communicated to the writ petitioner, it did not create any legal right in his favour and as such the writ petition on its face was without legal foundatio......he review application was allowed and the earlier judgment dated 26.07.1999 was set aside and the impugned memo dated 22.12.1999 of the Bangladesh Bank was declared to have been passed without lawful authority and the respondents were directed to allow Sundarban Bank International Ltd. (Pro..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....in the purview of the Public Servants (Retirement) Act, 1974 inasmuch as the definition of public servant as given in section 2(d) of the Act clearly includes a person who is in the service of any corporation or nationalized industry or local authority and therefore the Government in the Min......red the retirement of the writ petitioner Capt. (Retd.) Syed Abu Nasser Muhammad Okba issued by the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a further direction to the appellants to reinstate the writ petitioner in his..Category: Employment/Service Law | Date: | Hits: 103
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....by the appellant, one of the member-candidates of Ward No.1 in the Writ Petition as referred to seeking a declaration of nullity on the ground that law does not contemplate publication of result of any incomplete election. 3. Earlier one of the contesting candidates for the office of Chairman f......Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the election of Chairman is also invalid. Electio..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....3 Humayun Road, Mohammadpur, Dhaka. On 16.11.1971 Naser started from the residence towards his place of business at Gulshan as usual, but did not come back to his residence even late at night or at any time afterwards. Plaintiff No.1 searched for Naser at every probable place including the resid......ughters and that he was doing his business there. 13. It has been alleged that the plaintiffs have created some documents in order to grab the suit property. Defendant No.4 claimed that she is the lawful owner of the suit property by way of auction purchase from the Court. On 31.12.87 defendant N..Category: Property Law | Date: | Hits: 95
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... tax authority. It appears from Annexure-C series, the order of the Assistant Commissioner of Taxes, that the assessment order of all the aforesaid assessment years were re-opened. We do not find any mention of any approval of the Inspecting Joint Commissioner as required under section 93A o......xure-C series to the writ petition) and finally revised demand notice (Annexure-G series to the writ petition) served upon the writ petitioner by the writ-respondent No.4 to have been made without lawful authority and is of no legal effect and further directed the Taxes Settlement Commission (wr..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....y in question and, therefore, the Administrator applied to the Deputy Commissioner under Section 64(1) of the Ordinance by the impugned Memo, dated 10.6.2002, which, in our view, does not suffer from any illegality nor it can be said to have been made without lawful authority and as such we do not f......Act, 1991 (Act No. 3 of 1991), (the Act), the action of the Administrator of Waqfs for evicting the writ-petitioners from their respective shops is illegal and without lawful authority. 4. The Rule was opposed by the respondent No. 5, Mutawalli of the Waqf Estatin..Category: Trust/Waqf Law | Date: | Hits: 228
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of the defendant and the plaintiffs shall not suffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory inju......la Tyres demand exceeding the limit and/or the target fixed by the defendants at 5000 Truck Tyres in addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person o..Category: Business or Commercial Law | Date: | Hits: 100
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....t exclude jurisdiction of the High Court Division under article 102 of the constitution. There is no word of finality attached to the decision of the election tribunal in the rules. Even if there was any, jurisdiction of the High Court Division under article 102, could not be limited. Judgement of t......violation of the provision of law regarding admissibility of evidence admitted some documents in evidence for which the judgment of the tribunal should be declared to have been passed without any lawful authority and as of no legal effect. (ii) that in exercise of jurisdiction under Article 1..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....udgment March 8,1990. Result: The appeal is dismissed. The Evidence Act, 1872 (1 of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason what......ation of the deceased. From the post mortem report it appears that the post mortem was held in the morgue by a doctor of police hospital which was certified by the Civil Surgeon of Khulna. I think no lawful exception can be taken for this post mortem examination. 46. In the present case apart f..Category: Criminal Law | Date: | Hits: 44
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......our Court considering the evidence on record held that the inquiry proceeding was biased and inasmuch as the High Court Division did not find such finding of the Labour Court as being without lawful authority and therefore the High Court Division was wrong in making the Rule absolute. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....udgment MM Ruhul Amin J.- Civil Petition for leave to appeal No. 1049 of 2004 is directed against the judgment and order dated 30.06.2001 passed by a Single Bench of the High Court Division in Company Matter No. 109 of 2001 allowing the application under section 43 of the Companies Act, 1994 an......shareholder in respect of 50,000 shares out of the subsequent allotment of 1,24,000 shares by the Company and further declaring that the allotment of 5,35,000 shares made by the Company was valid and lawful and the petitioner (Respondent herein) at his option was entitled to purchase proportionate..Category: Business or Commercial Law | Date: | Hits: 109
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... other hand submits that the High Court Division Committed error in holding that the petitioner described himself incorrectly and unauthorisedly as superintendent of the Madrasha without assigning any reason for such finding in view of the facts that the petitioner was appointed as a superintend......d as such the writ petitioner filed the writ petition praying for declaring the memo dated 22. 04.2004 issued by the respondent No. 2 forming the trust managing committee to be illegal and without lawful authority. 4.The rule was contested by the respondent No.1 stating, inter alia, that ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....und the nomination papers of the candidates for the post to be valid and a date was fixed for filing objection appeal in respect of the list of valid candidates but no such appeal was preferred by any of the candidates. On 23-09-2002, the election committee further issued a notice distribut......d 05-01-2004 passed by the Joint Registrar, Divisional Co-operative Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner,..Category: Constitutional Law | Date: | Hits: 162
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
.... about the Government sanction and that there has been amendment in the project papers on the basis of which the respondents (i.e. present petitioners) would have absolute right to engage/ appoint any person in the project without giving any opportunity to the writ petitioners to work in any pro......aid amendment the writ petitioners have been denied equal opportunity employment and as such they challenged the action in the writ petitions and prayed for declaring the same to have taken without lawful authority. 3. The petitioners as respondents in the writ petitions contested the rule..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....se of excessive number of candidates there was, under the rule, necessity of holding examination but in the instant case there being 49 candidates against four posts there was on necessity to hold any examination and, therefore, under the Rules, the PSC held interview as stated above. 5. ......ute by judgment and order mentioned above thereby declared the aforesaid Memo No. Par-1/Niyog-02/2004/387/1 (20) dated 16.03.2004 (Annexure-D-1 to the writ petition) to have been made without lawful authority and directed PSC to hold proper examination in making selection and recommend..Category: Employment/Service Law | Date: | Hits: 86
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... learned Senior Advocate appearing for the petitioners in Civil Petition No. 392 of 2005 submits, inter alia, that an order of mandatory in junction is very sparingly allowed. It can be granted if any body is dispossessed in violation of the order of injunction but in the instant case there was ...... case there was no order of status quo as alleged by the plaintiffs and that the plaintiff respondents having been evicted by the law enforcing agency at the instance of Dhaka City Corporation, the lawful owner of the property, and that the plaintiff respondents having not been evicted in violat..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....rcumstances and the materials on record in their entirety it cannot be said that there is total absence of material in support of the allegations nor can it be said that the allegations are without any basis. Therefore, in our opinion Mr. Justice Syed Shahidur Rahman should not continue as an Add......the Constitution has left this issue entirely at the discretion of the Council itself, and to the Hon'ble Court below as to the standard of proof that the Council ought to have applied are without lawful authority. 15. For that in passing the impugned judgment and order the Hon'ble C..Category: Others | Date: | Hits: 97
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....f entry on 30-6-1996 along with bill of lading and invoice; through its C& F Agent but the respondents have decided to assess the same on the basis of tariff value arbitrarily without assigning any reason whatsoever. 4. The petitioner on 10-7-1996 preferred an appeal by annexing Messr......Petition No. 2580 of 1996 arose out of a Rule issued calling upon the respondent to show cause as to why the impugned order dated 3rd of July, 1996 should not be declared to have been made without lawful authority and is of no legal effect and as to why the respondents should not be directed to ..Category: Fiscal/Taxation Law | Date: | Hits: 126
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