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S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......or appointing the Principal of Abdul Jabber College, Borhanuddin, Bhola as per Article 4(Ka) of Non Government Decree College Teachers Services Regulations, 1994 is illegal, malafide, without jurisdiction and is of no legal effect. 6. He has further submitted that the respondent No..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....erybody is under the law and nobody is above the law. The other meaning of the rule of law is that Government should be conducted within a frame work of recognized rules and principles which restrict discretionary power and our constitution is the embodiment of the supreme will of the people setting......s expressing lack of their standing to maintain the leave petition passed by my brother, Matin, J, holding- “This follows that the High Court Division is a unit of this Court with a co-ordinate jurisdiction and one Judge or a group of Judges can not challenge the judgment passed by another Jud..Category: Constitutional Law | Date: | Hits: 251
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......not exhibited and proved in the trial Court and as such, the same did not have any evidentiary value under the provision of law; that the High Court Division ought not to have travelled beyond its jurisdiction in directing the respondent No.14 to lease out the suit property after taking possessi..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......rejudice the outcome of the investigation. 10. This court in Special Reference Case No.1 of 1995 reported in 47 DLR (AD) 111 has laid down the following broad principles in exercising its advisory jurisdiction under article 106 of the constitution. "1. The expediency, bonafides, and motive for..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......ended that the concerned plots are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ jurisdiction, will not take evidence and adjudicate on such matter; further the submission mad..Category: Property Law | Date: | Hits: 34
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......ted 31.03.1986 passed by the defendant No.4, U.R.O. Chittalmari Upazilla, in Miscellaneous Review Case No. 100784-85 in respect of settlement of the 'Ka' schedule land is illegal, void and without jurisdiction and is not binding on the plaintiff and to restrain the defendant No. 1-3 from enter&s..Category: Property Law | Date: | Hits: 54
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......petitioners have any fundamental or legal right to allotment of plot as a necessary corollary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution of Bangla..Category: Property Law | Date: | Hits: 41
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 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: VI ADC (2009) 600. ......evidences; that the High Court Division fell into and error of law in restoring the trial Court's judgment and decree setting aside those of the appellate Court disregarding that in revisional jurisdiction High Court Division cannot interfere with the findings of facts arrived by the ap..Category: Property Law | Date: | Hits: 27
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......f Certificate Case No. 55922 as mentioned in the plaint itself and the learned Subordinate Judge, 2nd Court, Comilla allowed the amendment on 21.01.1986 although on that date he had no territorial jurisdiction to do so because long before that date the jurisdiction was given to the learned Subor..Category: Property Law | Date: | Hits: 25
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......T-6 on 29.01.2001 on the basis of the value of service and paid up all the dues as determined and, as such, the charge of evasion of dues to the tune of Tk.17,78,435 has been made without jurisdiction and accordingly the respondents are required by law to allow the prayer of the petiti..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......gh Court Division. He lastly submits that there is an error apparent on the face of the record that the order of cancellation of the trade licence was made with an ulterior motive and without jurisdiction inasmuch as the Dhaka City Corporation has allowed itself to be use by the landlord fo..Category: Business or Commercial Law | Date: | Hits: 169
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ...... in the suit and in the execution proceeding and there was no such schedule 2(chap) in the earlier suit. The High Court Division interfered on the ground that the executing Court acted beyond jurisdiction in allowing the amendment of the execution petition when the execution case was alread..Category: Property Law | Date: | Hits: 25
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here is no illegality 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 (2009) 563. ......he extent of claim as they may prove and accordingly in the above suit there is no scope to decide the claim of the petitioner. Being aggrieved the petitioner moved the High Court Division in writ jurisdiction and after hearing the High Court Division summarily rejected the writ petition ho..Category: Civil Law | Date: | Hits: 102
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality 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 (2009) 554, 19 BLT (AD) (2011) 158.......ound of violation of fundamental right may seek his remedy under Article102 of the Constitution but in all other cases he will seek remedy under Article 117(2) and that on the terms and the exclusive jurisdiction to hear the dispute and that in the instant writ petitions the petitioners did not ch..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality 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 (2009) 551. ......d by the claimant or to disclose the basis of treating the property as abandoned property merely because the claimant disputes the same and moreover the High Court Division in exercise of its writ jurisdiction can not sit as a Court of Appeal over the judgment of the Court of Settlement for rese..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......s Case does not involve any substantial question of law as to the interpretation of the Constitution or any point of general public importance and, therefore, the High Court Division acted without jurisdiction and committed an error of law apparent on the face of record to allow the hearing of t..Category: Property Law | Date: | Hits: 23
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ...... by not availing the alternative remedy provided under section 193 of the Customs Act, there is no bar under the facts and circumstances of the writ petition to indicate the grievance under the writ jurisdiction. 7. In the instant case, pursuant to SRO No.56 dated 16.3.1999 the importer made al..Category: Fiscal/Taxation Law | Date: | Hits: 72
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......thority. These documentary evidences have been overlooked by the trial Court. The findings of the trial Court that the suit is barred by limitation is erroneous. The trial Court traveled beyond its jurisdiction and the finding that the defendant-respondents are entitled to claim compensation is ..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......er allied matters. 10. The respondents herein, who were the petitioners in the arbitration case, being aggrieved by the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the aforesaid rules. 11. A Division Bench of the High Court Division b..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ition summarily upon observing that the writ petitioner contested the suit by filing written statement and that when the decree was passed against him, he has moved the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held..Category: Civil Law | Date: | Hits: 98
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