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Displaying 1921-1940 of 2091 results.
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... of 1991‑have arisen from Writ Petition No. 365 of 1987 which has been disposed of by the impugned Judgment of the High Court Division dated 5 March 1991. 3. Respondent No. 1 is a Company named and styled M/s Dhaka Steel Works Ltd. and respondent Nos. 2‑4 are its Directors. Th......vision Bench of the High Court Division by Judgment and order dated 5‑3‑91 made the Rule absolute declaring that the taking over Of the Company and its assets and properties was without lawful authority and of no legal effect and directing the appellants to implement the order signed ..Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....vice with termination benefits. In the writ petition the High Court Division held that charge No. 4, held to be proved by the Labour Court, does not fall within the terms of clause (a) or (f) or of any other act of misconduct provided in section 17(3) of the Employment of Labour (Standing Orders......tion 17(3) of the Employment of Labour (Standing Orders) Act, 1965, shortly the Act, and as such declared the Labour Court's order of affirmance of the order of dismissal to have been made without lawful authority and to be of no legal effect. Nothing was said about the Labour Court's order of t..Category: Labour and Industrial Law | Date: | Hits: 100
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....under the ordinary law therefore has got no leg to stand upon. This particular aspect of the question was also taken into consideration in the Pakistan case where it was observed that the trial under any one of the three sections of the Act would have been lawful had a particular forum been given ex......upon. This particular aspect of the question was also taken into consideration in the Pakistan case where it was observed that the trial under any one of the three sections of the Act would have been lawful had a particular forum been given exclusive jurisdiction for trial in which case there would ..Category: Criminal Law | Date: | Hits: 132
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ereafter to say: "There is no indication in the certificate of what the nature of the question is that it is thought was involved in the hearing of this appeal, nor is there anything to show that the discretion conferred by s. 109(c) was invoked or was exercised. Their ......6th day of May, 1974 by the Prime Minister of the two countries (hereinafter referred to as the Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a par..Category: Constitutional Law | Date: | Hits: 716
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....Jeddah. After a few days the respondent was sent back to Karachi along with other passengers. He had to remain in Pakistan against his will for some months as the Government of Pakistan did not allow any Bangladeshi citizen to leave Pakistan. For making contact with his family he tried to go to Lond...... 403‑Imn/III dated Dhaka April 18, 1973, so far as it related to him and the show cause Notice No. HH: MA(Bhai-l)/134 dated March 23, 1992 of the Ministry of Home Affairs served on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....Labour Court ought to have examined at least the employee's papers to see whether the case was proved. This is the irreducible minimum of care an adjudicating body is required to take before deciding any matter. 5. The appellant contends that from a mere perusal of the employee's papers particula......our Court, it may be an illegality or irregularity but it cannot be a ground for interfering with the decision under Article 102 of the Constitution as it cannot be said to have been done without lawful authority". 4. The above views of the High Court Division cannot be sustained. Before..Category: Labour and Industrial Law | Date: | Hits: 103
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....tal into one of conviction in exercise of his power of review under Regulation 3(4) of the Martial Law Regulation No. 1 of 1982 (MLR No. 1/82) conferring immunity from challenge to such an order on any ground under paragraph 19(2) of the Fourth Schedule of the Constitution. ......it language empowering the CMLA to convert the order of acquittal into an order of conviction the impugned order of the CMLA had no sanction of law and as such the detenu was being detained in an unlawful manner and without any lawful authority. In support of that contention reliance was placed ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... are briefly set out below. The appellants before us in both the appeals are the Bangladesh Agricultural Development Corporation, briefly, the BADC; and the respondents area construction company, Kibria and Associates Ltd. There was an Agreement between the appellants and the respondents f......ubstitute by consent of a domestic tribunal for the civil Court where a dispute of a civil nature could be adjudicated. It is an alternative to litigation in court and includes provisions which are lawful but cannot oust jurisdiction of the court completely. In the field of modern international ..Category: Business or Commercial Law | Date: | Hits: 98
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....facts been placed before the Appellate Division, its decisions would have been otherwise. None of the learned Counsels including the Attorney‑General, it may be noted, has supported before us any of the views expressed by the learned Judges in their judgment as to lack of jurisdiction under......tion but also specifically asked the police to submit charge‑sheet under the Anti-Terrorism Act. So far as the direction to hold further investigation into the case is concerned, it is quite lawful; but the direction to submit charge‑sheet is clearly without the Court's jurisdiction...Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ice of goods supplied. The general principles governing interest of this nature, as elaborated above, are that the principal sum is definite, payable at a definite time and the payment is provided by any written instrument, such as an agreement or by any law or by any usage of trade having the force...... the principal sum due to the plaintiff having been a definite one and payable within a definite time as provided in the Agreement, the order for its payment along with interest thereon also is quite lawful. 15. The Indian Supreme Court took the view in Pillo Dhunji Shidwas Vs. Municipal Corp, P..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....n joined as new Chairman in November, 1988 and the respondent met him immediately with a representation against the order of the previous Chairman and the new Chairman suggested that he need not file any representation as there was no provision for releasing an officer from the service of the Corpor......tively to the writ petition. It is further alleged that on 'receiving the application for retirement from the respondent which was submitted against his will, the said Chairman, illegally and without lawful authority passed the impugned order on 29.9.88 releasing the respondent from his permanent se..Category: Employment/Service Law | Date: | Hits: 126
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....and affirmed that of the learned Chief Metropolitan Magistrate. 9. Leave was granted to consider the submissions then made (1) that the application under section 561 CrPC did not at all lie and at any rate the ‑High Court Division wrongly interfered with the order of the Sessions Judge on the b......XLV of 1860) and for application of the proper section, the allegations made in a particular case will be relevant. If the allegations are that of kidnapping of a minor girl out of the keeping of the lawful guardian which is an offence under section 363 of the Penal Code, then for the purpose of cus..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....onment of the area and the rights of the concerned people including the petitioner contending, inter alia, that being a conscious and active citizen of Bangladesh the petitioner is associated with many social organisations and is also involved in political and social activities for the welfa......rtaken by the respondent No.1 disregarding and abandoning the Master Plan prepared by the respondent No.2 under the Town Improvement Act; the respondent No.1 as a public statutory authority has no lawful authority to permit construction of a commercial building in a place reserved for car park b..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....e Constitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committed by Mr. Anwar Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. I......ication of name of respondent No.3, Mr. Anwar Hossain as printer and publisher on behalf of the petitioner No.2, Ittefaq Group or Publications Ltd. should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999 Rule Nisi ..Category: Civil Law | Date: | Hits: 103
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....2) and the petitioner being a lessee has been occupying the premises since 1967 and before 25th March, 1971 and he has acquired the right to maintain his tenancy right even if the premises is sold to anybody. The writ petitioner on receipt of the Impugned notice approached the RAJUK and tried to kno......to transfer and/or sell the property by auction to anybody including respondent No. 6 by the notice published in the newspapers and the auction sale process initiated by RAJUK seems to be without any lawful authority. In the circumstances the High Court Division made the Rule absolute. 8. ..Category: Tenancy Law | Date: | Hits: 67
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking declaration that they do not owe any money on any account to the Bank i.e. the appellant, Agrani Bank, and, as such, they are not d......respondents to show cause as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Bank under Borrower Code No. 10061 (Annexure 'A') shall not be declared to be without lawful authority and of no legal effect and why the respondents shall not be directed to delete ..Category: Banking Law | Date: | Hits: 121
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....80 of 2002, as a result about 40 million viewers are deprived of their recreation and enjoyment to watch a much-loved private channel. That on 6-5-2003 the present Chairman of the writ-petitioner company again appealed to the writ-respondent No. 3 for the allocation of frequency and an apparatus lic......ence explaining in detail the circumstances surrounding ETV -and the impact of the said judgment but writ-respondent No.3 through a letter dated 7-5-2003 bearing Memo No. BTRC/Prosha-DO/2002/333(2) unlawfully rejected the writ-petitioner's application apparently on the ground that Supreme Court of B..Category: Information Technology Law | Date: | Hits: 266
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
.... is governed by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant&hel......risdiction under section 498 of the Code of Criminal Procedure has transgressed its limit in dealing with the goods seized, and, as such, the impugned orders to release the seized goods are without lawful authority and the submission that the seized goods, subject matter of the offences alleged,..Category: Criminal Law | Date: | Hits: 57
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....ere junior to the petitioner according to the gradation list. The petitioner made representations, on 17-1-2001. 19-2-2002 and 24-5-2003 demanding justice, through his learned Advocate but without any response from the respondent Nos. 2-7. Being aggrieved the petitioner filed aforesaid Writ Pet...... the proforma-respondent No. 6 herein giving promotion to the proforma-respondent Nos. 8 and 9 by superseding the writ-petitioner-respondent No. 1 should not be declared to have been issued without lawful authority and is of no legal effect and why the writ-respondent No. 2 should not be directed..Category: Employment/Service Law | Date: | Hits: 66
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....rty. The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the...... and Land Reforms, Government of Bangladesh and conveyed by Annexure-K in Writ Petition No. 428 of 1989 and Annexure-J in all the other writ-petitions should not be declared to have been made without lawful authority and to be of no legal effect. 3. The case of the writ-petitioner-respondent Kha..Category: Property Law | Date: | Hits: 77
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