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Hasan Imam Chowdhury Vs. Govt. of BanglaÂdesh and others, 1981, 10 CLC (AD)
....be further mentioned that in view of the setting aside the impugned order the petitioner though considered to remain in service shall be treated as on extraordinary leave without any pay from the date of passing of the impugned order that is on 20-11-75 till his rejoining in s......p; Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no legal effect. In view of such order the rest of the direction is wit..Category: Employment/Service Law | Date: | Hits: 101
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....peal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Division observed: "The learned Judges of the High Court Division wrong......s hereby declared that the several model of recoÂvery specified in this section are neither mutually exclusive nor effect in force relating to the recovery of debts due to Government and it shall be lawful for the income-tax Officer, if for any speciÂal reasons, to any inch mode of recorded to be ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ellant completed 25 years of service on 10-4.1977. Due to scarcity of docÂtors restriction has been imposed on governÂment doctors in seeking employment outside the country. For the same reason as many as 34 doctors who have completed 25 years of service have not been retired. To show the malice i......No. 489 of 1980) Judgment Kemaluddin Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned brother Munim J. in his well-reason..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the AdÂministrative Manag...... of the Constitution in appropriate case. The appeal is allowed. The order of the High Court Division is set aside end the imÂpugned order passed by the respondent No. 1 is declared to be without lawful authority. There will be no order as to costs. 30. Civil Appeal No. 65 of 1980 arises out ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....clamation of 29.11.76 and repealing all Martial Law Regulation and Martial Law Order. (2) The extent of protection given order the Fifth Amendment to orders made, acts and things done or taken by any persons or authority in exercise of the powers derived or purported to have been derived from su......aw Court No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29.1.1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondent Nos. 2 and 3..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....tution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relating to a disciplined force cannot be directed under article 102(5) to do or refrain ......cted under this Article to do or be refrained from doing any act mentioned in this Article, nor can any act done or proceeding taken by such a court or tribunal be declared to have been taken without lawful authority and of no legal effect. 11. In view of the express provisions excluding such a ..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....t Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whether the High Court Division took the correct view that the Tribunal co......President's Order No. 13 of 1972 held that judgment of the Tribunal directing rehearing of the case by the Arbitration Court afresh suffers from clear want of jurisdiction and was made without lawful authority and of no legal effect. This decision is under challenge in this appeal on the gro..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....inal plaintiff and the question of law involved is of some public importance in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated by any authorÂised officer of Diplomatic Mission of the then Pakistan in Calcutta is a valid document ...... by notaries within Bangladesh are recognised for all or any limited purposes in that country or place the Government may, by notification in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within such country or..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....e order dated September 10, 1977 pasted by Respondent, Joint Secretary, Ministry of Land Administration and Land Revenue, setting aside the order of his predecessor-in-office, have been made without any lawful authority and are of no legal effect, and for a direction to the Respondent lo cancel and......der dated September 10, 1977 pasted by Respondent, Joint Secretary, Ministry of Land Administration and Land Revenue, setting aside the order of his predecessor-in-office, have been made without any lawful authority and are of no legal effect, and for a direction to the Respondent lo cancel and wit..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....dings of fact by the trial court and the High Court Division and considering the facts and circumstances of the case, I agree with the judgment of Shahabuddin, J. I think it advisable not to state any views on the constitutionality of sections 4 and 6 of the Displaced Persons Ordinance, 1964.&nb......ule is made absolute and it is declared that the order passed by the Respondent No. 3 refusing to accept for registration of the petitioners kabala dated 12th September, 1964 has been made without lawful authority and is as such of no legal effect. The respondents are directed to cancel the said..Category: Property Law | Date: | Hits: 75
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
..... 9000.00 as advance as per N.B.R's order dated 18-8-78; and another sum of Tk. 32,000.00 was sanctioned as reward to the respondent under N.B.R's order dated 22-2-80. The respondent did not raise any objection. 4. A Division Bench accepted the contention of the respondent and found ......e respondent under N.B.R's order dated 22-2-80. The respondent did not raise any objection. 4. A Division Bench accepted the contention of the respondent and found that the respondent's lawful claim was arbitrarily rejected by the authority concerned without causing a proceeding start..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....on it, and this power is exercisable subject to the Constitution The Constitution puts two bars on the legislative power of the Parliament, one is that Constitution being the supreme law of the State any other law inconsistent with it, shall to the extent of inconsistency be void The second is set o......rement made or purporÂting to have been made under sub-section (2) of section 9 of the said Act before the commencement of this Ordinance shall be deemed to be, and to have always been made validly, lawfully and in the public interest and under the said sub-section as substituted by this Ordinance ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....udgment of the High Court Division in Writ Petition No. 180 of 1978 declaring the order removing the respondents from service under the President's Order No. 9 of 1972, as illegal and without any lawful authority. Facts in short relevant for disposal of the appeal are that the res......he Writ Petition on the basis of the two grounds indicated above, and declaring the impugned order of removal of the respondents from service under President's Order No. 9 of 1972 without any lawful authority and of no legal effect. 5. The judgment under appeal shows that according t..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... 3. The factual aspect of this case is that the respondent officer was asked to submit an estimate in November 1973 by the Superintending Engineer. In turn he asked whether there has been any Government approval. Thereafter no reminder was given nor the respondent officer was aske...... harshness has become apparent, the only decision that is called for is to say whether the punishment is contrary to the recommendation of Public Service Commission was illegal or without lawful authority or not. The respondent has not filed the petition in mitigation of sentence. He h..Category: Employment/Service Law | Date: | Hits: 87
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....that question in view of the fact that the Martial Law Regulation by which the amendÂments have been made to implicate the President in an offence under Regulation No. XI is immune from challenge in any Court." The learned Judges considered the decision of this Court reported in 30 DLR (AD) 207......t triable by such Courts under the Martial Law Regulation, or the Martial Law Court is not properly constituted, the Superior Court’s power to declare she proceedings wholly illegal and without any lawful authority in exercise of its power under Article 102 of the Constitution cannot be denied. Th..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....Appellants Vs. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating......puty Superintendent of Police and his confirmation in the post of Inspector of Police; and the order dated June 30, 1977 reverting him to the post of Sub-Inspector of Police to have been made without lawful authority and of no legal effect. 36. In Civil Appeal No. 39 of 1979 appeÂllant Mokaddis..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....om the aforesaid provision, the Constitution in Article 7 provides, amongst others, that the Constitution is the solemn expÂression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inc......is arrested abroad and is brought before a court in England charged with an offence, which that court has jurisdicÂtion to hear, the court has no power to go into the question once that person is in lawful custody in England of the circumstances in which he may have been brought in EngÂland, but t..Category: Constitutional Law | Date: | Hits: 327
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
.... in Mouza Palaspole, covering an area of 2.2 acres which has been recorded as hat and bazar in the settlement records and other records of right. No other plot has been shown as hat or bazar in any Khatian or any settlement record. His plots are separated from plot No. 12408 by the tw......he structures thereon, namely, two-storied buildings with shops situated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....lip;.Respondents Judgment June 8, 1981. Cases Referred to- Hind Overseas Private Ltd. reported in A. I. R. 1976 (S.C) 565; Lodli Prashad vs. Karnal Distillery Company, 17 D.L.R. (S.C.) 52; In re: Yenidje Tobacco Company Limited, 1916 (2) CA, 426; Loch Vs. J...... elected as an Additional Director and through Zohura Khatun Zahiruddin Ahmed got a suit filed, being Title Suit No, 255 of 1973 in the 6th Court of Munsif. Dacca seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. &nb..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....an employee of the D.I.T., his terms and conditions of service is regulated by the Act itself and the rules framed there under. Invocation of section 18 of the Standing Orders Act was unjustified and any privilege granted by the Act cannot be claimed by an employee of the D.I.T……………(10) ......ecision is taken by the second parties within 60 days the First Party is entitled to get full salary. That the Second Parties have kept the First Party under suspension most illegally and without any lawful authority." 5. He further prayed for a direction on the Second Party to pay subsistence a..Category: Labour and Industrial Law | Date: | Hits: 108
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