Search Options
Judgment Advanced Search
Displaying 1881-1900 of 2091 results.
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....llation of the lease was malafide and it was assumed that prior to the cancellation re-allotment of the land had been made by the Government. The learned Judges were of the view that had there been any violation of the statutory powers apart from that derived from the lease the writ petitio......dia held: ''We are unable to hold that merely because the source of the right which the respondent claims was initially in 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..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
.... provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the b......mpetent to file the Writ Petition. 9. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held that the Oil Storage Tanks form part of the..Category: Fiscal/Taxation Law | Date: | Hits: 76
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
.... reasoning of the High Court Division A reference to section 10(1) of the Bangladesh Abandoned Property (Control, Management and Disposal Order) 1972 reveals that the Government has power to cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any ab......er was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful authority. 2. The main dispute centred round the question whether Zahirul Huq, tenant of t..Category: Tenancy Law | Date: | Hits: 93
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....passed in Writ Petition Nos. 863 and 864 of 1974 on January 7, 1977. In Civil Appeal Nos. 46 and 47 of 1978. Ally Akbar, who is an employee of James Finlay and Co. Ltd. (hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal Nos. 26 and 27 of...... finding that the requirements of the aforesaid section were fulfilled the High Court held that the Labour Court acted illegally. Its order was, therefore, declared to have been made without lawful authority and as being of no legal effect. The employee obtained special leave from this Cou..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....ted him adversely, inasmuch as he has been regulated from serial position No 15 to the position of serial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Division repelled the contention on the ground lat the app......ion of revised seniority list in terms of the Memorandum dated 18.3.78. Therefore, any revised seniority list, if prepared for giving two years ante-dated seniority would be without any backing of lawful authority. The attention of this Court has not been drawn to any such law or regulation tha..Category: Employment/Service Law | Date: | Hits: 94
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: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....R 13 Lah. 458; Rani Sundar Vs. Tej Singh, ILR 17 Lah. 346. Lawyers Involved: Mian Md. Shaft, Senior Advocate, (Mian Hidayat Ali Taib, Advocate with him) instructed by M/s. Siddiq & Company, Advocate-on-Record—For the Appellant. Shah Md. Shafi, Senior Advocate, (J.A. Parvez A......had, by a Will executed on the 4th of June, 1921, gifted away all his properties to him and had given only a maintenance allowance to Mst. Wahudul Khatoon; (4) that Mst Sabhai was not the lawfully wedded wife of Moulvi Abdul Aziz; and (5) that Mst. Qaiser Khatoon was not the l..Category: Civil Law | Date: | Hits: 117
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....ward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would not be subject to any such lie......anuary 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an order of attachment was lawful……………(3 and 4) Lawyers Involved: Sharifuddin Pirzada, Senior Advocate (Aziz A..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to any opportunity to show cause against the proposed termination simpliciter of their services where t......f a Division Bench of the High Court of East Pakistan by which the two petitions of the respondents were accepted and the orders terminating their services were declared to have been made without lawful authority. 2. Md. Serajul Haque, the respondent in Civil Appeal No. 88-D of 1968 was appoi..Category: Employment/Service Law | Date: | Hits: 96
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....ineer and Contractor, (1982) 2 Supreme Court Cases 25. State of Uttar Pradesh vs. Janaki Saran, AIR 1973 SC 2071. Muhammad Idris and others vs. Tobarak Hossain, 17 DLR 209, New Bengal Shipping Company vs. Eric Lancaster Stump of Singapore, 1 PLR Dhaka-1; Halcyon Steamship Co. inc. vs. Pro...... filing counter affidavit. 30. It further appears that the High Court Division, while staying the proceedings of the trial court, did not at all take into consideration the two basic lawful aspects of the case i.e. the respondent Nos.3-6 took steps on several occasions to adjourn ..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
.... on 9-6-1966; then Sisir Das filed another application on 16-6-1966 which was sent to SDM for disposal who upon hearing the matter by his order dated 24-2-1967 directed the Tahsilder not to realise any rent from the tenants that against the said order Miscellaneous Case No. 9 of 1967-68 was star......r dated 6-3-1969 illegally declared the suit property as enemy property; that the plaintiff by virtue of his purchase and also because of his long possession over the statutory period has acquired lawful right, title and interest in the suit land and hence the suit. 4...Category: Property Law | Date: | Hits: 53
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
.... opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Similarly, Corporation may if it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) ......ompletion of twenty-five years of service. The said letter also quoted Bangladesh Biman Corporation Employees (Service) Regulations 1979 and Pension and Gratuity Rules 1988. The said order is without lawful authority because Bangladesh Biman Corporation has no authority to retire him under section 9..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
....vision Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is w...... thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful authority. Cases Referred to- Bangladesh Bank and others..Category: Employment/Service Law | Date: | Hits: 75
....ed to complete construction of the structure already started. Thereafter, Government started negotiation with the Society for amicable settlement and as negotiation was going the society did not take any step in the suit and consequently the suit was dismissed for default. At one stage of negotiatio......ion of the houses and structures of the Darus Salam Housing Co-operative Society Ltd. on its Block-A property by the respondent Nos. 3 and 5 shall not be declared to have been issued and done without lawful authority and is of no legal effect; and why they shall not be directed to re-erect restore/r..
Category: Property Law | Date: | Hits: 54
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned ......ted under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned buildings is without lawful authority…..(5) Cases Referred to- ..Category: Property Law | Date: | Hits: 46
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....e Supervising Committee have found the petitioner non-responsive and that the Board also declared the petitioner non-responsive and thereupon price bid of the respective bidders having already opened any decision on revising the earlier decision finding the petitioner responsive for opening of the t......Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D to the writ petition) to have been made without lawful authority and the result of the price bid opened on 21st September, 2000 be declared acceptin..Category: Others | Date: | Hits: 130
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....nstitution of Bangladesh, 1972, Article 116 The Representation of the People Order, 1972, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accep......ugned judgment dated 22-2-2000 discharged the Rule. 5. Dr Kamal Hossain, learned Advocate appearing on behalf of the petitioner submits that respondent No.1 has acted without lawful authority and in manifest violation of the provision of Articles 118 and 119 of the Constitu..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....section 20 of the Societies Registration Act but nowhere under the terms of registration BRAC is permitted to undertake the activities of sponsoring, owning, controlling, or operating a banking company or, operating a banking company or, for that, matter an airline, shipping company, construction......t, 1991 provides that a bank must be a public limited company and must fulfill several other criteria in order to be considered eligible to be a banking company. Further, BRAC Bank Limited is not a lawfully constituted public limited company since it is composed of less than seven persons inasmu..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....e 1 of the CPC contemplates a review of a judgment and order on discovery of new and important matter which was not known or could not be produced or on account of mistake or error of the record or any other substantial cause. Review is therefore by no means an appeal in disguise whereby an erro......m to appear before him on 9-7-1976. The petitioner appeared and filed explanation denying the allegation of absence without leave and behavior of insubordination and unbecoming manner, disobeying lawful order of superior and exhibiting an irresponsible character. The petitioner was dismissed fr..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....rt declaring the impugned orders dated 14-7-1987 and 16-6-1987 of the Member, Board of Land Administration affirming those dated 11-9-1985 of the Additional Commissioner to have been passed without any lawful authority and further directing respondents to lease out the disputed land to the writ ......eclaring the impugned orders dated 14-7-1987 and 16-6-1987 of the Member, Board of Land Administration affirming those dated 11-9-1985 of the Additional Commissioner to have been passed without any lawful authority and further directing respondents to lease out the disputed land to the writ peti..Category: Property Law | Date: | Hits: 43
14981497149314881485147614241419141813731363136013511349134613421333133113231321