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Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ted that the pre-emptees are co-sharers to the case jote while the pre-emptees are strangers thereto. There is no evidence on record to hold to the contrary; PW 1 also stated in his evidence that the total area of land under their possession is only 10 bighas and, as such, there is no legal bar in t......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......y, being the part of the international organization of Red Crescent Society working for humanitarian cause, are not public servant and as such not concerned with the public to be amenable to the writ jurisdiction under Article 102 of the Constitution, so the writ petition is not maintainable. 5. ..Category: Civil Law | Date: | Hits: 116
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......tion and accordingly dismissed the suit. On appeal in Title Appeal No.689 of 1999 the appellate Court dismissed the appeal. Being aggrieved, the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing the Rule made absolute. 5. We have heard ..Category: Property Law | Date: | Hits: 60
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
...... Court below in the judgment dated 30.11.1966 in the suit No.30 of 1964 declared that the issue of Certificate for realization of rent from tenants of the plaintiff Waqf Estate is illegal and without jurisdiction for the time being and until further orders from the Government defendant are also here..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133....... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......Martial Law Order No.9 of 1982 it is protected under the Constitution (Seventh Amendment) Act, 1986 and cannot be called in question in any Court including this Court. We are also of the opinion that jurisdiction of this Division to examine the validity or otherwise of an order passed under Martial ..Category: Employment/Service Law | Date: | Hits: 78
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....for releasing the seized goods and the Commissioner of Customs passed the order on 14-5-97. The petitioner did not make any declaration as to the goods. Order dated 14-5-97 was, passed forfeiting 130 totals of gold and 4 Kg silver. He filed an appeal on 17-8-97 before the Appellate Tribunal. The App......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ...... by this Court. These review applications were filed on 27-8-98 long after the statutory period of limitation. Article 103 of the Constitution provides: "103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... the Bank Companies Act, 1991 the petitioner does not come within the definition of defaulting borrower inasmuch she did not take loan in person and her shares in the company do not exceed 20% of the total shares and as such she is not a person having interest in the company. The Company being a jur......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......r the purpose of inspection. So while no proceeding is either pending in any Court or before any police officer for investigation of any offence, the order directed for seizure of document is without jurisdiction. From annexure-A, it is not clear whether any proceeding is pending before any court or..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......n’ble Minister directed to give Dr. Rahman a hearing and instruction for starting of the class and as no Sanad could be granted the University could not start functioning. It further stated that in absence of any order of the Hon’ble Minister prohibiting starting of the classes it cannot be pres......we direct the Government to permit them to appear at the examination we will practically be encouraging and condoning the establishment of an unauthorised institutions. It is not appropriate that the jurisdiction of the Court either under Article 32 of the Constitution or Article 226 should be fritt..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......s of the present case. The learned Advocate further submits that in 19 DLR case the trial was held by a competent court of law but in the instant case the petitioner was tried by a court which had no jurisdiction at all to try the case. In that view of the matter the principle enunciated in 19 DLR c..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......efence lawyer was appointed on his behalf. 4. We have also persued the record and it appears that the submissions of the learned Advocates are correct. The learned Advocates further submit that in absence of appointment of any lawyer to represent the accused in the case the provision of Legal Rem...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370...Category: Criminal Law | Date: | Hits: 47
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......n that the complainants may take recourse to such remedies when the entitlement of complainants are ascertained. Since the Labour Court passed general order conferring termination benefits, it has no jurisdiction to determine the quantum under section 26 of the Employment of Labour (Standing Order) ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......t, for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. In the absence of a registered instrument a gift of immovable property by a person belonging to Hindu commu......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
.... cannot be allowed to thwart a jurisdiction under which they could ventilate their grievances. We are of this view that the extraordinary writ jurisdiction had been invoked by the petitioners under a total misconception of law. The writ petition does not appear to be at all maintainable.
In view ......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......es against themselves. Article 35(4), therefore, is of no avail to the petitioners.
23. It will be worthy to consider one legal aspect of the matter. The petitioners invoked extraordinary original jurisdiction under Article 102 of the Constitution for declaring the impugned order to be without la..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......st before revocation of the licence”. In the light of the aforesaid observation I am of the view that the impugned order is violative of principle of audi altarem partem and suffers from want of jurisdiction. With due deference I am in agreement with the view of the learned judges as noted abov..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......arif and Brothers….............................Petitioners Vs. Commissioner of Customs and Others……………. Respondents Judgment February 13, 2000. Cases Referred To- Indian jurisdiction viz. AIR 1968 (SC) 1186; AIR 1962 (SC) 1621 15; AIR 1980 (SC) 1986. Lawyers Involved..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361...Category: Others | Date: | Hits: 105
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