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Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ...... in restraining the petitioner from using the words "BISCIC Tongi" or বিসিক টঙ্গী on the body of the fan produced by him or the packages cartoon of the said fans in as much as the jurisdiction as exercised by the High Court Division in the present case is vested only up..Category: Intellectual Property Law | Date: | Hits: 211
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......ain a judicial order defying the process of the Court. When a person wants to seek remedy from a Court of law, he is required to submit to the due process of the Court and unless he surrenders to the jurisdiction of the Court, the Court will not pass any order in his aid. In view of the above, the l..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... submitted that once a person is appointed as a Lecturer on being recommended by a legally constituted enquiry committee and the subsequent enquiry committee, being not a superior authority, has no jurisdiction to review the decision of the earlier committee; that the very constitution of the su..Category: Employment/Service Law | Date: | Hits: 68
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......cted against the judgment and order dated 18.02.2008 passed by the High Court Division in Writ Petition No.6219 of 2007 making the Rule absolute with direction.
3. The writ-petitioner invoked writ jurisdiction under Article 102(2)(b)(ii) of the Constitution by way of quo-warranto challenging the ..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......adding him as co-applicant, which was rejected, since no deposit was made in terms and order passed on 4.6.2001 and against that the said opposite party No.7 moved the District Judge under revisional jurisdiction in Civil Revision No. 14 of 2004 and on contest the rule was made absolute setting asid..Category: Property Law | Date: | Hits: 63
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......4 as held in 17 DLR 451, the above proceeding of Exchange Case No. 35/69-70 started on 24.07.1969 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: 43
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......ioner to move the bank authority and or the Court below for a favourable decision. In the premises the filing of and or continuation of the Artha Rin Suit in reference cannot be said to be without jurisdiction. There is no illegality in the impugned judgment and order. Accordingly, the lea..Category: Civil Law | Date: | Hits: 136
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......…….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points inv..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... obtain revision of a judicial order must submit to the Court instead of engaging himself in setting that judicial order at naught . . . When a person seeks remedy from a court of law, either in writ jurisdiction or criminal appellate, revisional or miscellaneous jurisdiction under section 561A of t..Category: Anti-Corruption Laws | Date: | Hits: 211
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... possession of defendant-petitioner effecting the registered deeds of gift. The High Court Division without materials on record treated the same as joint possession traveling beyond the revisional jurisdiction and thereby committed error of law in passing the impugned judgment which warrants int..Category: Property Law | Date: | Hits: 92
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......d aware of the case but no publication was made to that affect. The failure of the Court below to publish a notification in a Bengali Newspaper has rendered the trail in absentia completely without jurisdiction and the order of conviction and sentence against the accused Md. Akhlas Hossain was w..Category: Criminal Law | Date: | Hits: 126
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......in exercise of the trading function of Bangladesh Railway and not in exercise of sovereign power by the Government and the writ petitioner has no legal right and is not entitled to invoke the writ jurisdiction for enforcement of commercial contracts, the High Court Division acted without jurisdi..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......িধি-৮) এর ৪(ক), (খ), (ঙ) ও (জ) ধারায় আনীত অভিযোগ সমূহ প্রমানিত হওয়ায়” which is apparently illegal and without jurisdiction. It is noticed that the authority formed enquiry committee without following the proced..Category: Employment/Service Law | Date: | Hits: 118
G M M Rahman Vs. State, 2009, 38 CLC (AD)
....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......e sentence having been passed by the learned Magistrate the appellate court was the Court of Sessions and not the High Court Division and as such the High Court Division acted illegally and without jurisdiction in enhancing the sentence of the appellant and thus the impugned judgment and order i..Category: Criminal Law | Date: | Hits: 106
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......el for the petitioner submits that the High Court Division acted illegally in not directing the plaintiff respondent to revalue the suit in its correct perspective for the purpose of court fees and jurisdiction. He further submits that the High Court Division committed illegality in holding that ..Category: Employment/Service Law | Date: | Hits: 104
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......Rules this Court is precluded from exercising the power under Section 497 and 498 of the Code of Criminal Procedure. The submission made by the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Crimina..Category: Criminal Law | Date: | Hits: 101
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... and thereupon holding that the judgment and decree of the trial Court does not call for interference dismissed the appeal. 6. The plaintiff moved the High Court division in revisional jurisdiction and obtained the Rule. The High Court Division on consideration of materials on record..Category: Property Law | Date: | Hits: 82
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......l Procedure are different. The Police officer has not been given any function under the Customs Act..............(35) The Customs Act, 1969 (IV of 1969, Section 156; Anti-Corruption Officer's jurisdiction is attracted only when the offence is committed.............(41) Scheme of the Cust..Category: Fiscal/Taxation Law | Date: | Hits: 129
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......observed that the story of alleged gift being a question of fact has been concurrently found by the courts below to be not proved by the pre-emptee, and that the High Court Division in its revisional jurisdiction cannot over rule the said finding of fact. Further the learned advocate for the pre-emp..Category: Property Law | Date: | Hits: 33
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......respondent did not get any registration of the design and filed the application for registration of the trademark long after filing of the appellant and the respondent being the third party has no jurisdiction to pray for stay operation of the decree but the High Court Division totally failed to..Category: Intellectual Property Law | Date: | Hits: 361
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