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M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....hin the next 45 days, all the said workers of the factory of the appellant were retrenched with effect from 10.11.8? and they were paid all their legal dues; the above retrenchments did not lead to any industrial dispute nor it was challenged by any of its workers or the Labour Union of the Matc......age of raw materials and chemicals, but there is no cogent evidence before the Labour Court to hold that the notice was duly issued under the relevant provisions of law and there was no lawful and valid notice in support of the case of the respondent No.3 that the workers of the resp..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....hort, are that the property as stated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corporation Ltd. (hereinafter in short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, that in 1972 when the shareholders of the Corporatio......the contentions that the High Court Division misdirected itself in discharging the Rule in that it was no where found that the impugned order dated 14.12.1991 (Annexure-D to the writ petition) was lawfully passed under proper lawful authority, that the High Court Division not only misread the op..Category: Property Law | Date: | Hits: 38
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... there was recommendation on November 30, 1989 for grounding him and he brought the said fact on December, 30, 1989 to the notice of the Biman authority and on that very day without assigning any reason he was compulsorily retired upon resorting to Regulation 11A(2) of Regulations on having......ground of the discussions the order of retirement that was made in respect of the appellant as per provision of Regulation 11 A(2) of the Regulations is declared to have been made without lawful authority and is of no legal effect and the Bangladesh Biman Corporation is direct..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....available to a trade union leader working in the House Building Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, and any grievance with regard to that could only be agitated before the Administrative Tribunal………......ibunal other than the adÂministrative tribunal in respect of any matter falling within the jurisdiction of the administrative tribunal the First Labour Court's order dated 3.11.88 was passed without lawful authority and was of no legal effect. 5. Leave was granted to consider whether the non-tra..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... Judgment November 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to me......rest with the plaintiffs and has nevÂer been vested with the defendants; (d) for an order of mandatory injunction diÂrecting the defendants to perform their statutory duties by making proper and lawful assessment for the period of requisition through requisition order dated 21.6.60 till the fil..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....timate order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to controvert th......86 (Annexure 'E' to the Writ Petition) insofar as it relates to the appellant's house, at serial No. 41 under the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purc..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ed from here. The then AdÂditional Deputy Commissioner Mr. Pervez Mazumder entered into the suit premises allegedly without the consent of the District Judge or the Law DepartÂment and even without any allotment from the DisÂtrict Accommodation Board. At about this time in April, 1979 Mr. Pervez ......f the plaintiffs case that the suit premises is a departmental quarter earmarked for judicial officer." In this view of the matter the learned single Judge concluded that there being no valid and lawful order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour g..Category: Property Law | Date: | Hits: 30
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....ion) was challenged by the appellant in Writ Petition No. 1314 of 1988. A rule Nisi was isÂsued upon the respondents to show cause why the said order should not be declared to have been made without any lawful authority, etc. and further why respondent Nos. 1-3 should not be directed to hold fresh ...... was challenged by the appellant in Writ Petition No. 1314 of 1988. A rule Nisi was isÂsued upon the respondents to show cause why the said order should not be declared to have been made without any lawful authority, etc. and further why respondent Nos. 1-3 should not be directed to hold fresh poll..Category: Election Law | Date: | Hits: 125
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....Bhuiyan, the learned Counsel appearing for the appellant, placed before the Court section 18 of the Premises Rent Control Ordinance. Sub-section (3) of section 18 is quoted below:— "(3) Where any tenant has sublet any preÂmises or part thereof with the consent of the landlord or in accordan......erred such commercial undertaking together with the premises to the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, sha..Category: Criminal Law | Date: | Hits: 47
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
.... an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any othÂer offence for which a different charge from the one made against him might have been mad......ill not be a bar to the subÂsequent trial for the offence of robbery, even if the same fire arms had been used while committing the robbery. The trial of the petitioners for the robbery is perfectly lawful. It appears, moreover, that this question as to bar under section 403 was neither raised befo..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....rned Assistant Judge granted an ad interim injunction but upon hearing the parties vaÂcated the same by order dated 23.6.81. It was hold by the Assistant Judge that the plaintiff had failed to prove any arguable case. On appeal by the plaintiff the learned Additional District Judge, Rajshahi by jud......an order of injunction. 7. The High Court Division relied upon some decisions in which it has been said that a person in wrongful possession of property is not entitled to be protected against the lawful owner by an order of inÂjunction and then a trespasser also is not entitled to perpetual inj..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
.... same will not render the whole proceeding of the suit including passing of a decree a nullity even if it is found that such non compliance has not …..tually prejudiced the defence of the minors in any way. It is clear that the order of remand would serve no purpose except to allow undergoing a fo......bate and enÂtered into possession. On the death of Sabitri Bala, defendant Nos. 1-4, sons of Sabitri's brother, came to possess the suit land. Plaintiffs in good faith beÂlieving that they were the lawful heirs of Sabitri purÂchased from them, by two registered kabalas, the property described in ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show un...... the rule absoÂlute and declaring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habiganj by the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appelÂlant is disqualifie..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commit the murder. There is no evidence that there was any common intention of the appellants to murder the deceased. There is no evidence of either prior ......f explanation on any other reasonable hyÂpothesis". It is urged that the prosecution case as disclosed in the F.I.R. indicates that the appellants, being armed with deadly weapons and forming an unÂlawful assembly, came out together from a deraghar (an outhouse) and ran towards the place of occurÂ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....evious post of District Kanango for administrative convenience. This order was challenged before the High Court Division for declaring it to be illegal, mala fide arbitrary, having nothing to do with any, administrative necessity or convenience and this order is in fact one of reduction in rank, sta......e by facts. 4. The learned Judge of the High Court Division on due consideration of the affidavit-in-opposition and affidavit-in-reply declared the impugned order of reversion as one made without lawful authority and of no legal effect. 5. Leave was accordingly granted to consider whether th..Category: Employment/Service Law | Date: | Hits: 66
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....ained from the Chief Controller of Imports and Exports a permit to import complete units of Cold Storage and Ice Plants as well as G.I. pipes and G.P. sheets of the value of Rs. 2,26,000.00 committed any offence under section 167(8) of the Sea Customs Act by importing G.I. pipes G.P. sheets only of ......ied in declaring, the Order Nos. 463, 728 and 877 dated July 7, 1965, September 22, 1965 and November 17, 1965 respectively passed by the Collector of Customs, Chittagong, to have been passed without lawful authority and of no legal effect. In the result, the appeal is allowed and the order appe..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....) of section 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were served on him wh......that on an application of any person, the High Court may make an order, directing a person in custody be brought before it, so that it may satisfy itself, that he is not being held in custody without lawful authority or in an unlawful manner. 6. A study of the clause in sub-article (3) reveals t..Category: Constitutional Law | Date: | Hits: 408
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......cted and hence the impugned notification so far as it restricts the candidature by excluding the petitioner is unauthorized in law and is liable to be declared to have been made and passed without lawful authority and is of no legal effect. 4. It appears that the petitioner ceased to be a ..Category: Election Law | Date: | Hits: 116
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
.... on different dates including 12 March 1980, 22 February, 1986 and 21 January, 1997 that the appointment of the respondent as Deputy Secretary with effect from 16 December, 1971 was fully valid and anybody having had his appointment after the respondent would be junior to the respondent. Unfortun......iled the above writ petition calling upon the appellant the writ-respondent for declaration that the notice dated 11-5-2002 (Annexure-M) issued by the appellant (writ-respondent) was made without lawful authority and for declaring that the respondent- writ-petitioner is entitled to the faciliti..Category: Employment/Service Law | Date: | Hits: 69
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....d to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan AIR 1975 SC 2275; Jibendra Kishora vs Province of East Pakistan, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR......r as it has provided that the reserved seats will be filled in by the existing Members of the Parliament by a single transferable vote. Hence the Act is ultra vires and it has been passed without any lawful authority and of no legal effect. All the petitioners have the requisite positive constitutio..Category: Constitutional Law | Date: | Hits: 221
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