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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....ion 3(1)(42) of the Municipal Administration Ordinance, 1960 which includes rates on lighting and conservancy, and in view of the ceiling of 17%, the Municipality was not authorised to levy tar the total exceeding 17%. Against this decision the Dacca Municipality moved the High Court in the writ j......at its actions should be within its jurisdiction, that they could not be in derogation of that jurisdiction and that such action should be shown to have been performed with lawful authority. In the absence of a valid provision barring such interference, the High Court acting under Article 98 would...... conservancy, and in view of the ceiling of 17%, the Municipality was not authorised to levy tar the total exceeding 17%. Against this decision the Dacca Municipality moved the High Court in the writ jurisdiction being Writ Petition No.159 of 1971, contending, inter alia, that the Additional Commiss..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272........ 16. In the case of Abdur Rahman Vs. Collector and Deputy Commissioner (1964) 16 DLR (SC) 461 at page 469 it was held that "principles of natural justice" are to be read in every enactment in the absence of a provision to the contrary. 17. The House of Lords in the case of Eidge Vs. Baldwin......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265....... persons without the consent of the institution. But the Chief Metropolitan Magistrate, Dhaka passed an order of acquittal without complying with the above requirements which is illegal and without jurisdiction."
"For that the reported case of 43 DLR (AD) 128 is not applicable in the case of ag..
Category: Procedural Law | Date: | Hits: 163
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......any other Court excepting from one Artha Rin Adalat to another, as such, the order passed by the learned Joint District Judge transferring the case to Bankruptcy Court having been passed beyond his jurisdiction liable to be set aside. 9. Mr. AQM. Safiullah, the learned Advocate for the petition..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... submitted by her husband. There is no allegation that the accused-petitioner had involvement in the matter of submitting wrong wealth statement filed by the accused No.1. It is submitted that in the absence of any notice and wealth statement of the petitioner herself, or allegation of abetment, the......e quashment proceeding is not maintainable when there is alternative remedy. 6. In a quashment proceeding under section 561A of the Code of Criminal Procedure, the High Court Division has inherent jurisdiction to see whether institution and continuation of a criminal proceeding against any person..Category: Criminal Law | Date: | Hits: 100
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......(Court No. V), Dacca. On appeal the Appellate Tribunal upheld the order of conviction and sentence in Tribunal Appeal No.99 of 1977. Thereafter the appellant moved the High Court Division in its Writ jurisdiction when the above mentioned order was passed. 3. On perusal of the judgment of the High..Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......eave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship between the petitioner and the respondents in the absence of any rules framed; (2) Whether the decision given in 29 DLR (SC), 41, is applicable in ......r: (a) if an employee is dismissed or his service is terminated in contravention of the mandatory statutory provision the employees has right of action either in the superior court in its writ jurisdiction or in civil jurisdiction; (b) if the service of an employee is terminated in violati..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......s been properly taken. Mr. Sultan Hossain Khan, the learned Deputy Attorney General who appeared on behalf of the Government also conceded that where facts are disputed, the High Court, in exercising jurisdiction under Article 102 of the Constitution should not proceed to settle the disputed facts r..Category: Property Law | Date: | Hits: 87
....etitioners and they had no opportunity to challenge the same. That application was rejected by order of this Court dated 16-2-2010 on the ground that the challenge against the LA Case No.138/61-62 is totally distinct and separate from the writ petition and that such challenge may by itself be a gr......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ....... Hence, the order dated 24.02.2008 passed by the revisional Court, thereby setting aside the order dated 19.08.2007 passed by the Adalat and allowing the impugned proceedings to continue, is without jurisdiction and that amounts to abuse of the process of the Court and is liable to be quashed. 9..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......Khamata Bidhimala, 2007 was served on the accused on 18.2.2007 and that admittedly, the Commission was not in existence at that time and as such the very issuance of the notice is illegal and without jurisdiction. He further submits that the Judgment and order of conviction and sentence having been ..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......ntending that the plaintiff instituted the suit for declaration amongst others that the agreement for sale dated 4.9.2002 valued at Tk. 2,96,00,000/- was still in force which was beyond the pecuniary jurisdiction of this Court. The plaintiff filing a written objection contended that the suit was for..Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......tiff-petitioner is entitled to get relief from this revisional ad-judicature.
11. On perusal of the trial Court's record, it reveals that the learned Assistant Judge dismissed the suit ex-parte in absence of the defendants. On this point the learned A.A.G. strongly argued that even if the defence......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......line of his argument, he submits that the offence as alleged in the ejahar is exclusively triable under the Drug Act, 1940 and the Special Tribunal constituted under the Special Powers Act has got no jurisdiction to try the case. 5. On the other hand, Mr. Md. Monwar Hossain, learned Assistant Att..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ays of starting the vacation. Yesterday it was taken up for hearing, but no one appeared to press the appeal. In view of its long pendency for nearly fifteen years, we took it up for disposal even in absence of the appellant and allowed the Deputy Attorney General to make her submissions. 7. Ms. ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....tant suit amply suggests that the suit arose out of a cause of action which is unique and hardly goes with most other cases of the kind. The plaintiff (O.P.1) sets out therein a clear-cut case of his total dissociation with the loan transaction, asserting, as he does, that he is in no way connected ......en decided by the Adalat itself. Had there been an appeal against the same under Section 7 of the Artha Rin Adalat Ain 1990 or Section 41 of the Artha Rin Adalat Ain, 2003, therefore, the question of absence of jurisdiction as contemplated in the case reported in 56 DLR is totally absent as such not...... the impugned order and relevant materials on record including the application for rejection of the plaint submits that the learned Joint District Judge ought to have held that the civil Court has no jurisdiction to entertain a suit challenging the Judgment and decree passed by the Artha Rin Adalat ..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Courts Ordinance, 1985 (Ordinance No. XVIII of 1985) with effect from 15th June, 1985. Magistrates were divested of the powers under section 488 CrPC to pass any order for maintenance as because the jurisdiction to entertain and dispose of a prayer for maintenance vested exclusively in the Family C..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
.... Bangladesh Export Processing Zone Authority granted the detenu permission to set up a knitwear manufacturing unit in the Chittagong Export Zone under the name and style "Merchantex Company Ltd" at a total cost of US $ 10,50,000 as a fully owned company, that on 13.10.94 at about 7.00 PM in the even......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
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