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Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......k and dagger like happened as there involved no mystery adventure or secret plots. The press reporting as annexed in the writ petition cannot be taken into consideration by this Court sitting in this jurisdiction, Moreover, the said reports were denied and no decision was taken in any inter-minister..
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......in faovur of the respondent No.1 that in view of the objection of the donor and that in the absence of proof of absolute title thereon, it was not possible to order mutation. The office has got no jurisdiction to prove or declare title of the demised property which is a matter of decision by a C..Category: Property Law | Date: | Hits: 26
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......ted the lease by giving a notice for 90 (ninety) days, invoking clause 14 of the Agreement. The legality of such termination can be decided on taking evidence in a civil suit but not under the writ jurisdiction of the High Court Division. 10. Under such circumstances, the High Court Divisio..Category: Civil Law | Date: | Hits: 90
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......e Court directed to accord sanction on 12.09.2001 and the Government did not accord sanction to prosecute the accused public servants within 60 days and after lapse of 60 days the trial Court had the jurisdiction to proceed with the case in holding that the Government failed to send sanction to pros..Category: Criminal Law | Date: | Hits: 46
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......prisonment of the judgment debtors for three months, the period to be counted from the date of arrest.
3. Being aggrieved there-against the plaintiff moved the High Court Division in its writ jurisdiction, whereupon a Rule was issued. The High Court Division on hearing the contesting parties..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... opposition members, bars this court from interfering in the matter. It is sought to be argued on behalf of the Speaker, Respondent No. 1, that the question involved in this case was taken out of the jurisdiction of the court by provision of Article 78 of the Constitution. The Attorney General relie..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......he provisions of the Constitution and the Rules of Procedure of Parliament the Speaker disposed of the points of order by giving his ruling in Parliament on 21.4.98. The Speaker thus acted within his jurisdiction and the ruling delivered by him is very much a part of the proceeding of Parliament whi..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......he possession of as well as the dispute as to recording of the name in respect of the suit land in the records of right, cannot be resolved without taking evidence, which is discouraged in the writ jurisdiction. 13. In the premises we find substance in the appeal. Accordingly the appeal is ..Category: Property Law | Date: | Hits: 21
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......olding that the transaction in question in between the parties is an out and out sale and the same does not attract any condition of mortgage." The High Court Division noticed that while exercising jurisdiction under Section 115 of the Code of Civil Procedure the High Court Division is not permitt..Category: Property Law | Date: | Hits: 21
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......-land was Osman Miah and not Osman Gani. This finding of the Appellate Court, he submits, was not properly reversed by the High Court Division, rather, the High Court Division exceeded its revisional jurisdiction in reversing the decision of the lower Appellate Court without consideration of the evi..Category: Property Law | Date: | Hits: 21
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......se of non-service of summons o fraudulent suppression of summons 01 defendant No. 18(ka)-18(Uma), who are the present plaintiffs-petitioners. The High Court Division has correctly noticed that has no jurisdiction to disturb the concurrent finding of fact arrived at by both the courts below and there..Category: Property Law | Date: | Hits: 35
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......ng that he was hearing the revision petition against the concurrent findings of fact reassessed the evidence and interfered with the concurrent findings of fact. 12. The exercise of revisional jurisdiction is confined to question of jurisdiction. While in a first appeal the Court is free to d..Category: Property Law | Date: | Hits: 20
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......at the same time, significantly that it will depend upon the facts and circumstances of each case. If the question of custodial death becomes a disputed question of fact, in that case, under the writ jurisdiction it will not be possible to give compensation but where it is found that the arrest was ..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ...... as held in 17 DLR 451, the above proceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was neve..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......itle, interest and possession in the suit lands by adducing oral and documentary evidence. These findings of fact are not immune from interference by the High Court Division in exercise of revisional jurisdiction in the absence of misreading or non-consideration of the evidence on record. The High C..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......en 1971 and 9-5-2004 i.e. before enactment of the Anti-Corruption Commission Act, 2004." 3. Mr. Rafique-ul-Huq and Mr. Azmalul Hossain extensively argued on behalf of the appellant on the point of jurisdiction of the Special Judge to hold trial of the offence punishable under section 26(2) and 27..Category: Anti-Corruption Laws | Date: | Hits: 195
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ...... Judge of the High Court Division erred in law interfering with the findings of fact arrived at by the Court of Appeal below and therefore, the learned Judge of the High Court Division exceeded its jurisdiction while exercising revisional power. The learned counsel further contended that the learn..Category: Property Law | Date: | Hits: 18
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201....... neither a commercial nor an industrial concern and as such the provision of Employment of Labour (Standing Orders) Act 1965 is not applicable in this case and accordingly the labour court had no jurisdiction to entertain the case of said Golam Nabi the complainant. It is also submitted that the..
Category: Labour and Industrial Law | Date: | Hits: 110
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......desh at the relevant time on 26.06.1972 it is presumed that Munzur Ahmed the lessee/owner was not available in Bangladesh. 8. He also argued that the High Court Division travelled beyond its jurisdiction under Article 102 of the Constitution by setting aside following finding of facts by th..Category: Property Law | Date: | Hits: 31
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