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Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, 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: 18 BLT (AD) (2010) 318. ......above, 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: 18 BLT (AD) (2010) 318. ......he evidences and materials on record as well as the facts and circumstances of the case, concurrently came to a finding that the suit is barred by limitation, can not be interfered with in revisional jurisdiction and as such, the impugned judgment and order is liable to be set aside. 5. It appear..Category: Property Law | Date: | Hits: 30
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....No. 4 is the present petitioner before us. 3. Mr. Sobhan along with Mr. Abu Hena Razzaki appeared on behalf of the petitioner. Their main argument is that order of civil imprisonment of a woman is totally illegal. In this connection, they referred to section 56 of the Code of Civil Procedure. Mr ...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
....ed from the borrower under an agreement any account spent for guarding the godown of pledged goods that does not affect the nature and character of a service of a Godown Keeper.
Further there is a total lack of' evidence to substantiate the contention that the petitioner with the delivery of the ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......und that the decision of the Labour Court is based on materials both oral and documentary and that being the position, the decision of the Labour Court was not interfered With in exercise of its writ jurisdiction. In the instant case entire materials on record were considered by the learned Chairman..
Category: Labour and Industrial Law | Date: | Hits: 93
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ...... available remedies such as referring the matter to arbitration under Clause 24 of the Bid Document and contract document or agitating the matter before the appropriate forum before invoking the writ jurisdiction. Consequentially it is also urged by Mr. Khan by referring to the case of Water Develop..Category: Others | Date: | Hits: 82
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......€ś which has been challenged in this revisional application. 5. Mr. Mohammad Nazrul Islam, learned Advocate appearing for the petitioner, submits that the Advocate Commissioner acted beyond his jurisdiction in giving saham by taking 14 decimals of land from plot No. 124, although the plaintiff..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......ion of the Court, and previous decisions should not be followed to the extent that error may be perpetuated and grievous wrong be the result”. It is further stated in page 325 that: “In the absence of constitutional restrictions, a Court generally, has power, and it is its duty to overrule......e of justice, the High Court Division may make such order in the case as it thinks fit.” 15. From a plain reading of the above provision it is manifestly clear that in the exercise of Revisional jurisdiction under section 115 of the Code the High Court Division will interfere with the judgments..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......spondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board Case No. 442 (Pathar) 89-90 Patharghata should not be declared to have been passed without jurisdiction and to be of no effect and/or such other or further orders passed as to this Court may..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....not recover the sale proceeds from the respondent Nos. 8 and 9 in full. DSE could only manage to recover part of the sale proceeds of the shares in question and accordingly made a part payment of the total outstanding amount to the petitioner through respondent No. 6 DSE is not liable to pay the bal...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......e above requirement is satisfied, but since DSE is a juristic person and not a natural person writ does not lie against it. In short, according to the learned Advocate DSE is not amenable to the writ jurisdiction of the High Court Division and the petitioner could seek her redress only in the civil ..Category: Business or Commercial Law | Date: | Hits: 210
.... who has been taken seriously ill. Thus, on the materials made available and taking judicial notice of what generally happens in a bundh which has resulted even in the working of the High Court being totally disrupted by the Counsel not being in a position to attend to the Courts. We are inclined to......y possible violence or to ensure that a bundh is not accompanied by violence. But, in our present set-up, the reluctance and sometimes the political subservience of the law-enforcing agencies and the absence of political will exhibited by those in power at the relevant time has really led to a situa......al the police force does not take any step to prevent violence and coercion and citizens are forced to remain indoors for fear of their life. The petitioner submits that this Court in exercise of its jurisdiction under Article 102 of the Constitution has not only the right but also the duty to prote..
Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......refore acted illegally. He further submits that the legal constructions made obtaining the necessary permissions from the concerned authorities are protected and the High Court Division acted without jurisdiction in giving a direction for their demolition. 39. Mr. Rafique-ul Huq, the learned Coun..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....on 09.09.2007 by reason of not being the shareholders then (and also now) would then be entitled to attend the AGMs on 10.01.2008 merely because of the fact that they were shareholders on 25.09.2005, totally ignoring the fact that in the intervening period they could not attend the AGMs, not being s......he satisfaction above expressed with regard to the submissions made by Dr. Zahir on this issue of the petitioners' locus standi in Matter Nos.1,10 and 11 of 2008, this Court finds that even given the absence of the amendments that could have otherwise been introduced into the Act following the India......d for the ends of justice. 19. He further submitted that the High Court Division committed serious error of law in disposing of the aforesaid company matters with directions, travelling beyond its jurisdiction and ignoring the settled principles of law that it cannot grant any relief unless the r..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......sed by this Court the defendant illegally took possession of the vessel, as such, in the interest of justice, the said vessel should be put back to the possession of the plaintiffs under the inherent jurisdiction of this Court. 5. Mr. Khan Saifur Rahman, Advocate, entered appearance on behalf of ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....t appears to have considered no oral evidence at all. The conclusion of the appellate Court on possession is influenced by its wrong decision on the deed of lease. Such finding on possession based on total non‑reading of the evidence, oral and documentary, on record cannot also be sustained in law......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......er to the observations of Sir George Jessel, Master of the Rolls, in the case in re: Clements, Republic of Costa Rica Vs. Eglanger (1876 46 LJCJ 375 383). He observed: “It seems to me that this jurisdiction of committing for contempt, being practically arbitrary and unlimited, should be most j..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......ociety Ordinance, 1984 (Ordinance No. 1 of 1985) are bar against the institution of the suit as the matters involved in the suit are compulsorily referable to the Registrar and the civil Court has no jurisdiction to try the disputes in question. 4. Mr. Rokanuddin Mahmud, the learned Counsel appea..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
.... in the government fund. 2. The prosecution case, in short, is that deceased Mohammad Ali purchased 2 acres of land from accused Abdul Jabbar who did not execute the kabala deed though he received total consideration money from him. On 14‑1‑1985 at 4‑00 PM Abdul Jabbar asked him to go with ...... Reference may be made to 6 BLD (AD) 79, Anisur Rahman & others Vs. The State wherein it is held that‑ If it is proved that the deceased was last seen alive in the company of the accused in the absence of any other reasonable explanation as to the safe departure of the deceased from the compan......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....h exclusion must either be explicitly expressed or clearly implied." In the instant case, we have found so far that the explicit expression as required for "exclusion of jurisdiction of this Court is totally absent. Of course, we shall deal with the implied exclusion later. We have in our own jurisd......rned Counsel subÂmits that in the event of curtailment of the jurisÂdiction of this court by way of a legislative measure the enactment must contain an explicit expression to that effect and in the absence of such expression it can safely be construed that this Court was excluded from the operatio......ules this Court is precluded from exercising the power under sections 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 the Criminal Pr..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....t Director, Local Government had gone to the godown of the petitioner for inspection but the petitioner was not present at that time. Father of the petitioner informed the Assistant Director that the total sale on that day was 317 bags and that some bags of the fertilizer sold on that day were still......n. The petitioner had no explanation for this anomaly. The respondents failed to show that the petitioner was given an opportunity by issuing any show cause notice to explain that anomaly. So, in the absence of show cause notice, the cancellation of the agreement was violative of natural justice and......and the Company is purely a contract between a company and the petitioner and the right alleged to have been violated or negated arises out of non-statutory contract which is not amenable to the writ jurisdiction. He further contends that according to Clause 15 of the contract, the company had a rig..Category: Civil Law | Date: | Hits: 74
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