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Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ved their possession in the land in suit affirmed the judgment and decree of the trial Court. 6. Some of the heirs of defendant No.1, Nabisuddin, moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the findings tha..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......;দি/বিষয়াদি) and being satisfied that there was no ground to proceed against the respondent Nos.5 and 6, as such the High Court Division has no jurisdiction to substitute its own opinion. The learned Counsel further submitted that the High Cou..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......nsisted for decision on title. We can only say if any person on behalf of so-called Bhawal Raj Court of Wards Estate or Bhawal Raj Estate is still aggrieved he can go to a Civil Court of competent jurisdiction for vindication. He does not have any remedy under the State Acquisition and Tenancy A..Category: Property Law | Date: | Hits: 67
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ...... and he only allowed certain adjournments and issued notices and subsequently he was replaced by the Joint District Judge as Artha Rin Adalat and therefore the allegation that the court had no jurisdiction has been rightly rejected by the High Court Division. 8. The learned counsel la..Category: Civil Law | Date: | Hits: 109
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ...... notification rather the exemption granted earlier was reduced which can also be called as partial withdrawal of the exemption. Such withdrawal or reduction in the exemption is very much within the jurisdiction of Section 19 of the Customs Act subject to the ceiling as fixed by the first schedule ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......nt has been admitted by not denying the case of the defendant. 6. Mr. Mihirkanti Majumder,learned Advocate, appearing for the respondent submitted that the High Court Division has acted within its jurisdiction in modifying the decree of the Courts below based on misreading of pleadings and non-..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......arned Counsel appearing for the appellants has submitted with reference that the provision under Section 4 of the Administrative Tribunal Act, 1980 that the Administrative Tribunal having exclusive jurisdiction to determine the terms and conditions of service including the question of violation of..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... was a continuing law after withdrawal of martial law being protected and saved under paragraphs 3A and 18 of the Fourth Schedule and further having itself noticed that despite the ouster of jurisdiction of Court it can consider the constitutional validity of any law only if the same is fo..Category: Constitutional Law | Date: | Hits: 167
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......e that the writ petitioner cannot claim anything else than damages if the contract has been unlawfully cancelled and that there cannot be any specific performance of the contract even in the writ jurisdiction. The learned Counsel further submitted that the Government having invited Tenders and t..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ...... 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abd..Category: Criminal Law | Date: | Hits: 63
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....sion Bench requires, it may refer the appeal for rehearing by a larger Bench of Judges if there is difference of opinion on any point or points. Similarly the third Judge has been given the similar discretionary power to refer the appeal to a larger Bench if he does not agree with the opinion of ......tigating agency to investigate the cases and whether sanction under section 196A was necessary. The matter was then laid before a third Judge. The third Judge held that the Magistrate acted without jurisdiction in allowing the investigating agency to investigate into the matter and accordingly he..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......ed a common leave granting order on five grounds, which have been reproduced by my learned brother Md. Tafazzul Islam, J in his judgment. 374. As regards the first ground as to the scope and jurisdiction of third learned Judge, Mr. Khan Saifur Rahman, the learned Advocate for the appellant..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......ed, it was open to the third Judge to decide the appeal by holding that the accused was not guilty by considering the case on merit.” 484. While commenting on the scope and jurisdiction of the third learned Judge the Supreme Court of India in the case of Sajjan Singh&ndas..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....gal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with every system of government based on the exercise by persons in authority of wide, arbitrary, or discretionary powers of constraint. “(2) We mean in the second place, when we sp...... duty upon this Court to address the Constitutional issues arising in these appeals and not to make them by reference to merely to statutory laws, competing statutory laws or precedents of foreign jurisdictions, in disregard of , or without adequately considering the provisions of the Constituti..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....inst the appellants. Article 103(3) of the Constitution does not confer a right of appeal on any party from a judgment and order passed by the High Court Division, it merely clothes this Court with discretionary power to scrutinize and go into evidence in special circumstances in order to satisfy......cretionary” has not been used in this clause of the Article as has been used in the corresponding Indian provision, (Article 136) but in view of the powers given to this Court to exercise the jurisdiction, if it grants leave from the judgment, order or sentence manifestly suggest that this..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......plaintiff have not brought on record any material. 8. The defendant/defendants of the respective suit as against the judgment of the appellate Court moved the High Court in revisional jurisdiction and obtained Rules in the aforementioned civil revisions. It was the contention of the ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......liance with the notice under Article 32, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business, ..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......he plea that he took lease of the same from the e Government. The writ respondent No.1 dismissed the case, against which the writ petitioner unsuccessfully moved the High Court a Division in writ jurisdiction. 3. Leave was granted to consider the submission that Title Suit No. 984 of 1980 hav..Category: Property Law | Date: | Hits: 32
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......eeding without hearing them and so that impugned order of the High Court Division directing the respondent No.2 to hand over possession of the said Holding No.59/1 to the respondent No.4 is without jurisdiction. 5. Mr. Mohammad Ali Akanda, the learned Counsel for the respondent Nos.1-2, submitt..Category: Criminal Law | Date: | Hits: 62
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
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