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Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
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Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
...... reported in 11 DLR (SC) 140 it was observed that in a petition for a writ the first question that the Court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the Court. It was further observed that a person seeking judicial review of administ..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417......., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......5. Mr. Abdul Hamid Chowdhury, the learned Advocate appearing for the accused petitioner submits that the taking of cognizance of the offence under section 295A of the Penal Code is absolutely without jurisdiction in view of the provision of section 196 of the Code of Criminal Procedure and as such t..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......the Administrative Tribunal under the provisions of Rule 7 of the Administrative Tribunal Rules, 1982, that as the petitioner was in the service of the Republic he was debarred from invoking the writ jurisdiction under Article 102 of the Constitution and that the petitioner had alternative remedy be..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ...... and 3 all issues were found against the plaintiff by the trial Court. Mr. Farooqui submits that the finding of the learned trial Court with regard to the maintainability is erroneous inasmuch as the jurisdiction of the Civil Court cannot be said to have been ousted by agreement unless it is specifi..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......treated as commercial building as contemplated in rule 6(3) of the Abandoned Property (Taking Over Possession) Rules, 1972. Moreover, it is further submitted that the High Court Division has got no jurisdiction to release the property in favour of the appellant because it comes within the exclusiv..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ...... Officer, Gurudashpur, Natore has been transferred to Baraigram Upazilla by office order dated 27th November, 2006, whereas, he signed the inquiry report on 19th December, 2006 on which date had no jurisdiction to submit the said inquiry report but the High Court Division illegally took cognizance..Category: Employment/Service Law | Date: | Hits: 58
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....he plaintiffs, the defendant Nos.1-8 and his wife Ayesha Khatun, the defendant No.17 and thereby the plaintiffs as auction purchasers got in their sahams 5.7320 acres of land equivalent to 1/5 of the total land. Then another auction purchaser A. Jabbar died leaving defendant Nos. 9-13 and one daug......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..Category: Property Law | Date: | Hits: 69
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......nts with a view to prevent the respondent No.3 from functioning as the Managing Director of the company against which the Registrar, Joint Stock Companies filed a criminal case against them. In the absence of the respondent No.3, the petitioner No.2 was the custodian of the documents and taking ......vestigation and as such "it cannot be said that offence complained of in this case being non-cognizable the investigation of it by police without order of the Magistrate can be challenged in a writ jurisdiction". The High Court Division finally held that the writ petition challenging the case at..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......ropriate circumstances by resorting to section 203 of the Act. It is further observed that the Registrar is in certain matters only required to perform quasi judicial function but it has exceeded the jurisdiction in entertaining the application. 6. It is contended by the petitioner that the High ..Category: Company Law | Date: | Hits: 175
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......resent writ petition was not maintainable, the judgment of the High Court Division in giving direction to make payment of compensation is liable to be set aside as the High Court Division in its writ jurisdiction is not a Court for the recovery of money and has no jurisdiction to give a direction fo..Category: Property Law | Date: | Hits: 80
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......uch with the proceeding of the case and as such could not appear in the Court to face trial as a result of which trial was concluded and impugned or order of conviction and sentence was passed in her absence. Even after the passing of the order of conviction and sentence she was neither informed by ...... case where such an inordinate delay has been condoned earlier this case appears to us to be of very exceptional nature, an old woman of 80 years is involved and hence we are inclined to exercise the jurisdiction invoking the aid of section 5 as a special case. It appears that after being enlarged o..Category: Procedural Law | Date: | Hits: 112
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......spect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth day of the month next following that for which the rent i......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181...Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....of P.Ws. 1, 2, 3, 5, 6, 7, 8A and 10 does not disclose anything about the offence of murder, the prosecution has laid much stress on the fact of recovery of the 2 golden bangles taken by the deceased total from the shop of FK Jewellers from the place where the condemned prisoner led the police and t......ts that there was no doubt that the victim Tutul was done to death but the question arises as to who did it. The prosecution has failed to adduce any direct evidence about the murder of Tutul. In the absence of direct evidence the prosecution relied on circumstantial evidence coupled with confession......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....the appellant Kunai, he did not resist him nor forbade him to accompany appellant Kunai. Therefore this story told by this witness that he saw the victim Tapu in the company of the appellant Kunai is totally unworthy of credit. Further lie is partisan and interested witness inasmuch as two of his so......o are not neutral may well testify to truth and need not be condemned out of hand provided basic features of his disposition is direct, probable and otherwise corroborated on material particulars. In absence of such reassuring factors his evidence may have to be eschewed. The evidence of interested ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....overnment, in exercise of its powers under Section 4 of the 1975 Act amended the Bangladesh Civil Service (Reorganisation) Order, 1980 by SRO No.347/L/86/ME/IC-4/85 dated 31.08.1986, which created in total 30 cadres in the service of the Republic, the one in serial No.29 being the BCS (Telecom) Cadr......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ct of 2009 but they filed this writ petition against the respondents challenging the Annexure –A, B and C of the writ petition. But in fact the petitioners could come to the Court invoking the writ jurisdiction under Article 102 (2) (a) (ii) of the Constitution for a direction upon the respondent ..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ...... petitioner under sections 326A, 109 of the Penal Code. Eventually charge under sections 326A, 109 of the Penal Code was framed against the accused in presence of accused Nittya Nanda Majumder and in absence of accused Swapan and Sudangshu. However the Court appointed State defence lawyer to defend ...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......onviction and sentence relying upon the hypothetical presumption. There might be enmity or inimical relation between the parties and it is true that enmity cuts both ways but, inspite of the fact, in absence of sufficient reliable evidence mere surmise and conjecture are not enough to warrant convic...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ..Category: Procedural Law | Date: | Hits: 84
.... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167....... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167....... duty period of the respective respondent as provided in section 10 of the said Act.
6. Mr. Khalilur Rahman assails the impugned judgment and order on the ground that the Labour Court exceeded its jurisdiction in making the impugned order to allow 1‑½ hours rest on the strength of section 10 o..
Category: Labour and Industrial Law | Date: | Hits: 112
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... to know about the original suit only on 26.11.81 and that he was in possession of the suit‑holding but an attempt was made to dispossess him therefrom on 26.11.81 in execution of the decree in his absence and thereafter he instituted the Miscellaneous Case under Order 9 rule 13 of the Code of Civ...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
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