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Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....ns as follows :- "6. Qualification, etc., of candidates.- (1) Candidates seeking licence of Nikah Registrar must possess Alim Certificate from a Madrasha Board established under any law for the time being in force. (2) A candidate seeking licence of Nikah Registrar ......sed by a Division Bench of the High Court Division in Writ Petition No. 2918 of 1998 thereby declaring the order passed by the respondent No. 1 Government of Bangladesh on 07.09.1998 to be without lawful authority. 2. The case of the writ petitioner respondent No. 1 is that he passed his ..Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....ed to the District Social Service Office, Pabna. That the Additional Secretary-in- Charge, Ministry of Social Welfare by his order dated 16.6.1991 framed charge against him. There were many other allegations in the charge as regards misuse of public money, misappropriation and irregul......l) Rules, 1985 to remove any irregularities and instituted a fresh enquiry against the respondent on the self same charges and the Government action suspending the respondent from service is fully lawful as the previous proceedings the respondent was not found guilty of the charges framed agains..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....ed by the High Court Division in Writ Petition No. 1372 of 2001.) Judgment: Amirul Kabir Chowdhury J. - A.R. A. Jute Mills Limited, a public Limited Company-the writ petitioner has filed this petition for leave to appeal against the judgment and order ......ointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Act is also without lawful authority. 5. The trial court after hearing the parties rejected the said application..Category: Banking Law | Date: | Hits: 121
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....s view of the relevant provisions of the statute. The learned Judge of the High Court Division refused to grant relief in the Writ petition on the view that "a licences cannot claim any vested right of renewal of his licence or the provisions of law referred to by the petitio......any hat or bazar has been so established on any land by a person or person.s other than the owner of the land without the consent of such owner, the land shall not be forfeited, but it shall be lawful for the Deputy Commissioner, (i) to remove the hat or bazar from the land, by using such fo..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
..... Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for......No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and thereafter the respondent No. 1 filed the writ petition urging inter alia that the said order is without lawful authority, inasmuch as section 95A of the aforesaid Act does not cover the case of the pure s..Category: Property Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....r. But the Deputy Superintendent of Customs filed a complaint on July 29, 1968 to the Sub-Divisional Magistrate alleging that the accused by keeping in his possession the gold in question without any permit committed offences under Sections 167 (8) and (81) of the Sea Customs Act in that the......s in his trial for possessing ammunition the evidence about possession of ammunition was rejected. It was held: "The effect of a verdict of acquittal pronounced by a competent court on a lawful charge and after a lawful trial is not only that the person acquitted cannot be tried again..Category: Criminal Law | Date: | Hits: 42
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
.... be allowed to raise that matter again in this writ petition…………….(2) Service of the respondent as chief accountant of M/S Karim Rubber Industries Ltd. has not been terminated by the company itself of which he was an employee but his termination of ad-hoc appointment as administrator by......istrator was valid but he continued to be in the service of the Company as the Chief Accountant. An observation was that the Company’s action to deny the respondent to resume his duties was not lawful in the present Writ petition. The Company took the stand that on 26th December, 1972 the or..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ended from time to time by issuing Proclamations……………………(18) Martial Law Courts being creatures either of the Proclamation or Martial Law Regulation, have the authority to try any offence made triable by such Courts. All proceedings before a Martial Law Court has been......l, rendered the conviction of the accused a nullity. The High Court Division bas declared that the impugned order of conviction and sentence passed by the Special Martial Law Court No. IT was without lawful authority and of no legal effect; and direction has been given for trial of the condemned p..Category: Criminal Law | Date: | Hits: 294
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ril 26, 1979. The Constitution of Bangladesh, 1972, Article 102 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 Irrespective of the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the sect......llant from his service by Annexure 'C' dated August 22, 1977 cannot be sustained in law and the appellant is entitled to get a declaration that the order of dismissal from his service was without any lawful authority and as such of no legal effect. In the result the appeal is allowed without any ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....wer to reinstate an employee who resigned from his service but being repentant sincerely craves for withdrawing his resignation. In such a case the competent authority cannot be aid to be without any power to rescind or recall his order accepting the resignation………….(9) Lawyers Involve......cannot be sustained. In the result, the appeal is allowed. The judgment of the High Court Division is set aside and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD..Category: Employment/Service Law | Date: | Hits: 77
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resoluti......), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resolution i..Category: Employment/Service Law | Date: | Hits: 108
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....ril 13, 1978 removing the appellant from service of the Corporation with immediate effect. This order was challenged by filing a writ petition contending inter alia that the appellant was not given any personal hearing either by the Enquiry Officer or by the Chairman of the Corporation at any st......owed with costs and the judgment of the High Court Division is set aside. The impugned order dated April 13, 1978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1..Category: Employment/Service Law | Date: | Hits: 72
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....on wrong allocation of onus cannot be sustained. It has been stated earlier that the appellant's possession of the property, the pendency of the mortgage suit from 1954, to 1975 and the total lack of any evidence from the side of Enemy Property authority that the vendors of the appellants ever migra......of 1976.) Judgment: K. Hossain, C J.—This appeal arises out of a writ petition wherein the appellants attempted to get an order of the Enemy Property authority declared as without lawful authority but had not succeeded. 2. Facts are that the properties in appeal had been decla..Category: Property Law | Date: | Hits: 58
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....ral appearing for the appellant, urged that the High Court Division could interfere only if the authority had exceeded its jurisdiction or that it had no jurisdiction at all or that it had violated any law. But in this case, the Special Tribunal convicted the respondents under the provisions of ......e and the accused respondents were acquitted. No exception can be taken to the order of the High Court Division because in certiorari the court can declare that the conviction was recorded without lawful authority. If the trial is vitiated by irregularities in procedure causing prejudice to the ..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... During his tenure as W Rakshi Bahini was stationed at Narail and deceased Ekhlasuddin guided them. Rakshi Bahini had perpetrated atrocities upon the local people for which Ekhlasuddin had earned many enemies. The informant party and the accused persons are bitterly and inimically disposed towar......his particular case. If it can be found that the eye‑witnesses are natural and probable witnesses of the occurrence and if they are truthful witnesses of the occurrence, then there can be no lawful difficulty in maintaining the conviction of the appellants. 47. I will discuss in det..Category: Criminal Law | Date: | Hits: 60
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....purpose of carrying on the same industry irrespective of their place of situation, shall be deemed to be one establishment for the purpose of this sub-section: Provided further that where any doubt or dispute arises as to whether any two of more establishments are under the same empl......oners had their own separate stories to tell, but the High Court Division, concentrating on their common cause, held that the common impugned order of the Registrar dated 2.5.90 was passed without lawful a6thority as it had not been mentioned anywhere in the said order that there was any doubt o..Category: Labour and Industrial Law | Date: | Hits: 103
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....cated or varied or until the Rule Nisi is disposed of the order under challenge has absolutely no effect. The effect of the view taken by the High Court Division will be that from 9.9.91 to 19.3.92 any violation of the Courts order of stay will be of no consequence, which is a totally unacceptabl......tion paper and acceptance thereof were initially void, the election of respondent No. 5 as Chairman was void, the oath of office taken by him was void and his continuance in office is also without lawful authority. 9. Mr. Khandker Mahbubuddin Ahmed, learned Advocate for respondent No. 5,..Category: Election Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....d it did not indicate that it was passed by an order of the President. It is submitted that notwithstanding its finding be circular was not issued by an order of the President of the Republic or by any amendment of the Government Servants (Discipline and Appeal' Rules 1985, the Tribunal ought to......1981 was made with the consent of the President he has, however, expressed his concern for the consequences that may follow from the finding that the circular dated June 4, 1981 was passed without lawful authority, as, according to him, several orders have been made by the department on the basi..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... as required under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence u......ts of the case, briefly, are that the appellant lodged an FIR with the Panchlaish Police Station on 10.8.75 alleging that on the day before, respondent No. 1 Abdul Quader and others by forming an unlawful assembly forcibly trespassed into his house and assaulted him and other inmates of the hous..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....t the detenu evaded arrest by going over to India. For his oppressive and terrorist activities the detenu was suspended from the post of Chairman of Kotwalipara Upazila. So that nobody dares raise any objection against him, the detenu organised an armed illegal bahini known as the Special Army a......ated August 18, 1991 under section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the pub..Category: Criminal Law | Date: | Hits: 88
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