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Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... petitioner was placed under the Ministry of Petroleum and Mineral Resource on 3-3-1980 for appointment on deputation as Manager of respondent No.2 i.e. Titas Gas Transmission and Distribution Company Limited. The Ministry of Petroleum and Mineral Resources was renamed as Ministry of Energy and ......by the Government and, as such, the impugned order of compulsory retirement passed by the respondent No. 2 under the Pension and General Provident Fund Rules, 1987 is illegal and was passed without lawful authority. The further submission of the learned Counsel was that the High Court Division d..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... was whether keeping in view the next parliamentary election or, in other words, for the ensuing parliamentary election the Election Commission would prepare a fresh voter-list without having any regard to the existing voter list or the Election Commission would prepare the voter list takin......,40,000 enumerators, 70,000 supervisors, 6235 assistant registration officers and 83 registration officers in pursuance of the impugned decision shall not be declared to have been taken without lawful authority and is of no legal effect and unconstitutional and void as being repugnant t..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ts of Article 100 & 107 are declared unconstitutional. ……………………..(496, 523 & 529) Dissenting view: Per A.T.M. Afzal, J: The power to amend any provision of the Constitution by way of addition, alteration, substitution or repeal is found to......t its law-making competence was unlimited or unrivalled,"(page 69). 197. The Bill of Rights 1689 laid it down that the raising of money for the use of the Crown by pretence of prerogative was unlawful. It further deÂclared that the pretended power of suspending of laws by prerogative was unla..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
..... 7 of 1973), article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upo......e sanction letter the Government cannot re-determine and refix the rate of interest under P.O. No.7 of 1973 and found that the Circular of the Ministry of Finance dated 20.1.81 was issued without any lawful authoriÂty. The rule was discharged. Leave was granted to consider the question whether (..Category: Property Law | Date: | Hits: 41
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....higher post, it was alleged further. 3. In a supplementary affidavit, the appellant stated that his case was better than that of the reÂspondent No. 2 even on merit which was not considÂered by any selection board or by the respondent No. 1 or by the Board of trustees. 4. In the Affidavit f......on is made. 16. In the result, this appeal is allowed withÂout any order as to cost. It is declared that the order dated 16.4.85 passed by respondent No.1 has been made illegally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as ..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....mber. The Chairman and the elected members shall be elected by the direct election on the basis of adult franchise; until such time the Chairman enters upon his office the Upazila Nirbahi Officer or .any other person nominated by the Government shall act as Chairman. Then comes section 4(3) which......igible to cast vote in favour of the resolution in question. Accordingly the rule was made absolute, and it was declared that the reÂmoval resolution of petitioner Md. Monirul Huq was passed without lawful authority and of no legal efÂfect. 9. Leave was granted to consider the question, to put ..Category: Election Law | Date: | Hits: 128
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....uired title and also got possession in the suit land on the basis of benami purchase in the name of Jadhulal which was conÂfirmed by the decree in T.S. No. 314 of 1967 which remained unchallenged in any higher forum. The apÂpellate Court, namely the Subordinate Judge, reÂversed this finding, foun......appelÂlant's share nor is it clear whether the 1/3rd of the suit land representing original owner Jugal Chand's share, has been included in the Vested Property Case. Determination of the appellant's lawful share in the suit land is not an issue in this suit. It is a suit for declaration that the Ve..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... claim of amicable partition among the six sons of Shashi Bhusan was denied and it was challenged as a device to save the land from the mischief of law. It was also denied that Shashi Bhusan had left any property anywhere except the suit land at Feni. The plaintiffs' sale deeds purportedly executed ...... became enemy property by operation of law and as such it was rightly Created as enemy and vested property and the Sub-Divisional Officer's notice for taking over possession of the land was perfectly lawful. The plainÂtiffs' claim of amicable partition among the six sons of Shashi Bhusan was denied..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... discretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (iii) In so doing it may pass any order, unless specifically barred, including an order for re-poll, acceptance/consolidation of r......88. Writ PetiÂtion was filed on 10th April, 1988. The Rule was made absolute and the High Court Division observed- "We hold that the order of re-poll passed by the Election Commission is without any lawful authoriÂty and of no legal effect" and then the High Court Division, added a significant ord..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....illegal but the amount earned by him by way of salary from the employment or as profit from business in which he was engaged during the period of such discharge may be sit off because he cannot serve any other master or engage in any other business without the permission of the Government………â€...... but without any medical certificate, and that he remained absent till 25.4.1977; that defendant No.2 was appointed as the Enquiry Officer and after considering the enÂquiry-report the plaintiff was lawfully discharged from his service; and that during the period of his unauthorised absence the pla..Category: Employment/Service Law | Date: | Hits: 103
Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
.... the contract. Appeal preferred, by the defendants against the judgÂment and decree of the trial court was disÂmissed by the High Court Division on 23 March 1982. It was held that in the absence of any contract to the contrary defendants had the responsibility to obtain the required certificates t......missed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. The Court is not bound to grant such relief merely because it is lawful to do so. Specific performance of contract is not to be granted as a matter of course……â€..Category: Civil Law | Date: | Hits: 109
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....cquisition. The suit is for the declaration that the impugned compromise decree is void but not for declaration of plaintiff’s title by adverse possession. So the plaintiff is not entitled to any relief. Cases Referred to- Pandit Ram Chander vs. Pandit Maharaj, AIR 1939...... civil court with prayer for injunction When their purpose was served they did not proceed with the suit. So taking recourse to litigation the plaintiffs appear to have been continuing in their unlawful possession in the suit premises. As such the plea of acquisition of title by adverse..Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....the plaintiffs and the plaintiffs in consideration of that will also give the lands of the disputed kabala". The trial court noticed that the plaintiffs have not examined any witness to give evidence that the consideration of the disputed kabala was the compounding of a......dence that the consideration of the disputed kabala was the compounding of a non-compoundable case. Its view was that the plaintiffs failed to prove that the consideration of the suit kabala was unlawful. Accordingly the suit was dismissed. 6. On appeal the learned Additional Distr..Category: Property Law | Date: | Hits: 42
Md. Muzaffar Hossain Vs. King Fishers IndusÂtries Ltd. and ors., 1984, 13 CLC (AD)
....tion of the Appellate Division. Legality or illegality of the order passed by the High Court Division is a mater of no consequence when it is found that it was made without jurisdiction. Violation of any order of the Appellate Division shall be dealt with by that Division and the High Court Division......ed Judges of the High Court Division issued on June 20, 1981 to show-cause why approÂpriate action under law should not be taken against him for allowing the Trawler in quesÂtion to escape from the lawful custody and for not informing the Court about its disapÂpearance. In pursuance of the show-c..Category: Anti-Corruption Laws | Date: | Hits: 113
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....f a previous complaint, or for that matter, after discharge of the accused by a Magistrate on acceptance of the police report on the same allegation, there being no dispute that there is no bar under any law to the entertainment of a second complaint. Circumstances leading to this apÂpeal by specia......n. In that case enterÂtainment of a second complaint has been held to be "illegal and mere abuse of process of the Court" by majority of two of the three Judges; but it has been held to be perfectly lawful and "in the interest of justice" by the dissenting Judge. All the three learned Judges, howev..Category: Criminal Law | Date: | Hits: 79
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... 7. The suit was dismissed by the trial court on the finding that the appellant's appointment was purely temporary and the Government could, therefore, revert him to his parent department at any lime if necessary for "administrative convenience". No show cause notice was, theref...... 2. The appellant filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka for a declaration that the order of reversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what led to his grievance appears from the ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....by appellant NO. 2, the Chairman, Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case is that since his joi......ppellant NO. 2, the Chairman, Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case is that since his joining..Category: Employment/Service Law | Date: | Hits: 125
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....deration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds i......uted property. In the said suit an Order of temporary injunction was obtained by the plaintiff on 25.9.85 which was subsequently confirmed by order dated 9.4.88. The appellant has asserted that he lawfully purchased the disputed property from the lawful owner Abdul Khaleque Bain for a valuable c..Category: Criminal Law | Date: | Hits: 57
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....But the Relief Commissioner could not grant the necessary permission as war already broke out between India and Pakistan on 6 September, 1965; the Relief Commissioner expressed his inability to do anything in the matter and asked the appellants to apply to the Deputy Commissioner, Dhaka, which t......e steps already taken. The learned Judges, however, disagreed with the submission and referred to clause 12 of the deed of settlement which provides as follows: " 12. It shall be lawful for the lessor at any time during the period of lease to determine the lease by a written n..Category: Property Law | Date: | Hits: 36
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....s in accord with the intension of the Legislature". Section 195 (1)(c) purposely puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence ...... 4. As appears, section 195 has put an embargo on the taking of cognizance by Court of certain offences as mentioned therein. Of these offences, those menÂtioned in clause (a) relate to contempt of lawful auÂthority of public servants; no cognizance of these ofÂfences shall be taken except on a ..Category: Criminal Law | Date: | Hits: 63
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