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Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......udication by the Family Court in Family Suit No. 61 of 2007 filed by the writ petitioner, respondent No.1 herein and in that state of the matter the High Court Division ought not have exercised its jurisdiction under Article 102(2)(b)(I) of the Constitution and thereupon ought to not have declar..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background 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: ......urt allowed the appeal and thereupon decreed the suit upon setting aside the judgment and decree of the trial Court. 9. The defendant No.1 moved the High Court Division in revisional jurisdiction impugning the judgment and decree of the appellate Court. The High Court Division whil..Category: Property Law | Date: | Hits: 28
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......ament. The local Union Parishad Chairman held an enquiry and found that the writ petitioner was, in fact, a resident of village Moheshpur within Barura Police Station located beyond the territorial jurisdiction of the Edbarpur Union for which he was licensed as the Nikah Registrar. 4. Mr. ..Category: Civil Law | Date: | Hits: 99
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and 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) 488. ......sion and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that admittedly the earlier suit was filed within time in a court of competent jurisdiction but since wrong relief was sought the suit ended unsuccessfully up to the Appellate D..Category: Procedural Law | Date: | Hits: 66
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... cannot claim that respondent No.1 possessed the fishery and should pay for it; that the impugned memo is malafide in the facts and circumstances of the case besides being illegal and without jurisdiction and as such, respondent No.1 was not required to pursue the remedy provided the P..Category: Civil Law | Date: | Hits: 101
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision of law. The Tribunal here is the Administrative Appellate Tri..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......as not barred by limitation and that the transfer is a sale and not an exchange. Respondent No. 1 against the judgment and decree of the appellate court moved the High Court Division in revisional jurisdiction in Civil Revision No. 863 of 1994. The learned Single Judge after hearing the Rule set..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e dismissal no show cause notice was issued and no personal hearing was given to respondent No. 2 and that being so the order of dismissal dated 4.1.1993 was sought to be declared as being without jurisdiction and illegal. 4. After obtaining the order of dismissal the first party sent his..Category: Labour and Industrial Law | Date: | Hits: 251
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......f the case within the said period. This Division dismissed the leave petition of the state with the observation, "We do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, ..Category: Criminal Law | Date: | Hits: 44
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......ility of the writ petition the High Court Division took the view that the vires of the Rules only could be examined and nothing else. All other matter sought to be impugned is within the exclusive jurisdiction of the Administrative Tribunal. 8. The High Court Division upon examining ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......oyee mandatory to give one month's notice to resign from the service of the Corporation and same having not been complied with in the instant case acceptance of resignation letter was without jurisdiction. 3. The case of the appellant was that respondent's resignation was of immediat..Category: Employment/Service Law | Date: | Hits: 95
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 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) 406. ......pletion of the housing project started earlier by L.A. Case No.90 of 1964-65 and that there was public purpose behind the said requisition proceeding; thereafter the petitioner in revisional jurisdiction, under section 4A(2) of the above Act, 1948 filed Appeal No. CH-12 of 1981 before the ..Category: Property Law | Date: | Hits: 50
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......being Title Appeal No. 804 of 1999 the appellate Court allowed the appeal and decreed the suit. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged as noticed earlier. 7. We ..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
.... the lease in favour of the present petitioner was found as a genuine one, the High Court Division committed error is not vacating the order of status-quo; that the interim order of this court is a discretionary remedy providing protection to a person who has bonafide established his ca......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ..Category: Property Law | Date: | Hits: 25
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....there 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) 383. ......signing any reason but the findings arrived at as to disposal of the suit is in accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not without jurisdiction so writ jurisdiction can not be invoked. 8. We are of the view that the High Co..Category: Civil Law | Date: | Hits: 95
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... 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) 381. ...... the petitioners neither responded nor removed the illegal structure from the case land. 4. Being aggrieved, the writ petitioners moved the High Court Division in writ jurisdiction and obtained Rule, which after hearing was discharged. 5. We have heard Mr. Mah..Category: Property Law | Date: | Hits: 26
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....der restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretionary power judiciously and not arbitrarily. We therefore, bold that the respondent No. 1 ......appearing for the respondent No.1 in supporting the correctness or in other wards legality of the office order dated 19th November, 1998 has submitted that the order challenged in the writ petition jurisdiction was preceded by an enquiry for ascertaining ownership of the Cinema Hall and that there..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....as in the year 1986. 5. In elaborating this above point, Mr. T. H. Khan argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretionary power which the Court exercises with great caution and circumspection when an applica......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... of the Union for the enjoyment of any industrial property rights. (3) The provisions of the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation, and to the designation of an address for service or the appoin..Category: Intellectual Property Law | Date: | Hits: 233
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... and possession in the suit land. 8. The plaintiffs thereafter presented this appeal. The precise question on which leave was granted is whether the High Court Division had acted beyond its jurisdiction in upsetting, in second appeal, the findings of fact arrived at by the trial Court and..Category: Property Law | Date: | Hits: 36
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