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Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....s discretion to vacate the same, even if it is satisfied that the same should be vacated. Further, in view of the reasons given for vacating the order, this Division does not feel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers R......der of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexure-‘D’ should not be declared to have been granted or given without any lawful authority and of no legal effect and why the petitioner-Samity's still subsisting lease-hol..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... Corporation passed the impugned order, dated 4 April 1985, provisionally removing him from service and asking him to show cause why the provisional removal should not be confirmed. He did not show any cause but filed the writ-petition under Article 102 of the Constitution challenging the order ta......etition No. 21 of 1985, is allowed and the impugned order of his provisional removal dated 2.9.84 along with the order of its confirmation dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also..Category: Employment/Service Law | Date: | Hits: 112
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....ion 435 of 1985. 2. Leave was granted to consider the question whether the High Court Division was justified in rejecting the petition under Article 102 of the Constitution and thereby denying any remedy to the appellant. 3. Facts arc as follows: The appellant was the first party in a pr......o what he did. The learned Sessions Judge was given power under section 439A Cr.P.C. 10. Next, could the appellant invoke clause (ii) "declaring that any act done, has been done or taken without lawful authority and is of no legal effect". This clause is also not attracted in view of the conf..Category: Constitutional Law | Date: | Hits: 174
.... the Government (it transpires the Home Minister himself) passed the impugned order on the basis of report and recommendations. It has been stated that the Ministry of Home Affairs was not aware of any Martial law enquiry Committee or any report by such Committee.
7. The High Court Division by ...... by proceeding against the appellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the revolver licence) has been passed without lawful authority and is of no legal effect…………………….(17, 18, 19 & 24)
Cases R..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
................................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then ......he matter as no notice was served upon the elected Commissioners it is clear violation of the principle of natural justice, as such it is not in accordance with law and it is passed without any lawful authority." 11. Leave was granted as aforesaid to consider the correctness of the proposit..Category: Election Law | Date: | Hits: 118
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
.... Save and except a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government......nications. In the meantime the President, however, on 1.10.59 recalled the earlier order. In the writ petition filed by Farukhi the High Court held the subsequent order of the President to be without lawful authority. The majority decision was that the order of President was illegal, inasmuch as, th..Category: Property Law | Date: | Hits: 49
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....o daughters of Hemnalini Basu as such she, as an heir, inherited the estate of late Hemnalini. On court's order Sova Rani was added as the defendant in the suit as defendant No.3 but she did not file any written statement. 5. In compliance with the provisions of P.O. 142 of 1972 Government of Ban......tor property and the appellant being the elder member of the family managed the said property for the Sheba Puja etc. and the remaining property were ejmali properties and he being a co-sharer was in lawful possession of such property. 32. The Sub-Divisional Officer, Brahmanbaria repelled the con..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....ruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to off......e decided by compromise between the private parties particularly when the High Court Division in exercise of its Constitutional jurisdiction held that the purported holder of the public office got no lawful authority to hold the office. At the same time some members of the public from the same Upazi..Category: Election Law | Date: | Hits: 132
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....n Corporation Employees (Service) Regulation, 1979 and published vide letter No. DACCA/SENIORITY/84/3191 dated 18-10-84 or made hereafter is and will be illegal, void, inoperative and without any binding force and hence any promotion or benefit, if given on the basis of the seniority list ...... affected. They filed a suit—T.S. No. 84 of 1985—in the 4th Court of Munsif, Dhaka, against the Corporation for a declaration that the Seniority list published on 5 January 1984 was correct and lawful, whereas that published on 18 October 1984 was wrong and violative of the Regulations and a..Category: Employment/Service Law | Date: | Hits: 97
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....ti-55/82 (port)/88 dated 9.3.85 and tender notices dated 18.6.85 and 29.7.85 inviting tenders from prospective buyers of the aforesaid holding should not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release th......5/82 (port)/88 dated 9.3.85 and tender notices dated 18.6.85 and 29.7.85 inviting tenders from prospective buyers of the aforesaid holding should not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release the ho..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....el the lease of Chatla Beel Group Fishery granted by the Fishery Department in favour of Sharping F.C.S. for the period of 1392 to 1394 B.S. on ground of their default of rent and for not undertaking any development scheme. It has also been decided to lease out the above mentioned fishery to the ......me Court observed: "We are unable to hold that merely because the source of the right which the respondent claims was Initially It. a contract, for obtaining relief against any arbitrary and unlawful action on the part of a public authority he must resort to a suit and not to a petition by wa..Category: Property Law | Date: | Hits: 87
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....onal sale 7 pakhis of land in 1935 and subsequently sold the said land to Alfazuddin Ahmed in 1939. Thus Alfazuddin acquired by purchase the entire suit land. Till his death in 1962 he executed as many as 7 registered kabuliyat during the period of 1936-1961 and after his death his heirs defenda...... in the case of Corea vs. Apuhamy. AIR 1914 PC 243, in which Lord Macnaughton cited the Dictum of V. C. Wood in Thomas vs. Thomas that possession is never considered adverse if it is referred to a lawful title. Similar view had been expressed much earlier by Lord Denman C.J. in Culley v. Doe Dem..Category: Property Law | Date: | Hits: 50
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ct; (f) & (g) (have been omitted by subsequent amendment). (h) that a decree be passed declaring Tebaria hat as a new hat and is liable to be closed down under the law and there cannot be any compensation assessment roll in respect of Tebaria hat and it cannot be put in auction; (i) t......perative and not binding upon the Salimabad; (e) that a decree be passed declaring that the Memo. No. XVII-9/78-2226/1(3) dated 24.2.78 issued by the defendant No. 2 is wholly illegal, without lawful authority, malafide, void, inoperative not binding upon the Salimabad hat and is of no legal ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
.... Such payment on agreement by the landlord will be reimbursed by the tenants as per agreement in addition to the standard rent………..(11) Municipal tax paid by the tenant in the absence of any contract is adjustable against the rent…….(15) Cases Referred to- Shamsuddin Ahmed vs. ......payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unlawful bargain……(13) Section 9 of the Ordinance provides that on mutual agreement munici..Category: Tenancy Law | Date: | Hits: 65
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....rshed Alam is son of one Baramoni of Natore. Onus was heavily on the plaintiff but this onus was not discharged. The evidence of the mother clearly shows this and, none of the witnesses could make any positive case to prove the theory that Khorshed Alam is the son of Baramoni. Moti Sk. P.W 5 cla......dgement has the effect of raising presumption of legitimacy excepting where illegitimacy is proved beyond doubt by reason of the marriage of its parents being either disproved or found to be unlawful. Having regard to this principle the High Court came to the conclusion that prima facie, in ..Category: Family Law | Date: | Hits: 239
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence falls within the ambit of clause (c......thin the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both the appeals are dismissed. …………(6 & 7) Lawyers Involved: Serajul Hu..Category: Criminal Law | Date: | Hits: 69
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
.... assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse to the landlord……(7 & 8) The suit being not barred by Limitation, the Tr......on which requires reversal of its decision. 10. Lastly, the contention of the defendant that he is in adverse possession may be considered. It is settled law that possession will always refer to a lawful title. Ext. D is the agreement for 1 year and Ext. A and A (1) are the two rent receipts. The..Category: Property Law | Date: | Hits: 63
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....ee appeals are by special leave. They are by the Commissioner of Income-tax, Dacca and the Income-tax Officer, Companies Circle II and arise out of three writ petitions filed by the respondent, a Company registered under the Companies Act, in the erstwhile High Court of East Pakistan. In the writ pe......other charge leviable under this Act;" 7. The High Court, accordingly, came to the conclusion that the impugned orders of the Income-tax Officer as well as those of the Commissioner were without lawful authority and of no legal effect. 8. With a view to facilitating a close examination of ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....Court of East Pakistan 3 hr said application came up for hearing; month of June, 1973 before a Bench High Court Division which, passed an order declaring the notification in question as being without any lawful authority and to be of no legal effect. Against the aforesaid order and judgment of the H......l Majid prayed for a declaration that the notification No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by the Vice-Chairman of She East Pakistan Enemy Property Management Board was without lawful authority and of no legal effect. Under the aforesaid notification it was directed that Mes..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....a person is shown to have been detained illegally or improperly, the High Court Division is competent to pass such orders as may be necessary to grant relief and the power to do so is not in any was fettered because of the absence of nomenclature of the writs in the Constitution. Since the......llant to show cause within seven days as to why an order should not be made directing that the detenu be brought before the Court so that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner. The appellant had duly entered appearance and filed an ..Category: Criminal Law | Date: | Hits: 85
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