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Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......upport from the case of Md. Wahab & ors v. Abdul Kalam & anr. 44 DLR (AD) 13, cited by Mr. B. Hussain. 13. The learned Judge of the High Court Division in exercise of his revisional jurisdiction under Section 115 CPC without taking into consideration of all those relevant facts, h..Category: Procedural Law | Date: | Hits: 87
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ...... inter alia, that the Ad hoc Managing Committee of the appellant's Society being a "local authority", as defined in Section 3(28) of the General Clauses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The releva..Category: Others | Date: | Hits: 224
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......o the writ petitioner with in three months from the date of receipt of the courts order. 7. Leave was granted to consider the Government appellants submissions, first, that while exercising jurisdiction under Article 102 of the Constitution the High Court Division was wrong in converting ..Category: Property Law | Date: | Hits: 42
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......lates to procedural matters and it provides that the procedure provided in the Code in regards to suits shall be followed as far as it can be made applicable in all proceeding in any Court of Civil jurisdiction and section 121 of the Code of Civil Procedure provides that the Rules in the Fir..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......otice of the sale of the disputed land to Abdul Barek and others. 11. On the second question it is urged by the learned Counsel for the appellants that the High Court Division has acted beyond its jurisdiction in reversing the concurrent findings of fact of the two courts below disregarding the n..Category: Procedural Law | Date: | Hits: 36
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......ecommendation of a three member committee which is in violation of regulation 16(Ka). It was further held that Regulation 16(Ka) clearly provides that only the Governing Body has the authority and jurisdiction to take disciplinary action against any teacher on an allegation of professional misco..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......o fault or fetches of his own. A valuable right accrued to the appellant in law and fact should not be lost. In that view of the matter we thought it to be a most appropriate case to exercise our jurisdiction under Article 104 of the Constitution........But in the scheme of our Constitution we..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ...... Civil Procedure. In the case of Kamrul Hasan Vs. Bangladesh and others reported in 49 DLR (AD)(1997) 44 this Division held that sections 4 and 6 of the Administrative Tribunals Act do not provide jurisdiction to the Administrative Tribunal or the Appellate Tribunal to grant any interim relief i..Category: Administrative Law | Date: | Hits: 92
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....rit petitioner to deposit any tax under section 158(2) of the Ordinance in view of the amendment brought in this regard by the Finance Act, 2000 since 1.7.2000 and that such amendment taking away the discretionary power of the NBR to waive or modify the statutory obligation to pay certain amount of ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......other hand, submits that Abbas Ali Munshi got the settlement of the suit land from the Ex-Zaminder as far back as in 1946 and as such it cannot be the said that the learned Subordinate Judge had no jurisdiction to try Title Suit No. 160 of 1966 in view of the provision of Section 20(2) (a) (iii) ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......e of summons upon Ful Meher Bibi, defendant No. 8 of the original suit. Therefore, it was no function of the High Court Division to sit in appeal over that finding of the trial court in revisional jurisdiction. We also find that the application under order 9 rules 13, of the Code of Civil Proced..Category: Property Law | Date: | Hits: 26
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......appellants that the allegations made in the Writ Petition having been denied by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......the doctrine of estoppel claiming reinstatement in their service. Mr. Nurullah further submits that the writ petitioners being the workers of a Corporation were not entitled to invoke the writ jurisdiction where the matter of disputes were to be dealt with and disposed of the Labour Court. ..Category: Employment/Service Law | Date: | Hits: 66
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ng any opportunity of personal hearing in violation of the principle of nature justice and where in gross violation of the principle of natural justice an order passed mala fide is challenged in writ jurisdiction the writ petitioner need not exhaust the alternative remedy in that a mala fide order i..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ...... was not maintainable. The appellant's Civil Petition for Leave to Appeal was dismissed by this Division on the following reasoning's:- "Under Section 4(2) of the said Act the jurisdiction of the Administrative Tribunal can be invoked only by a person in the service of..Category: Administrative Law | Date: | Hits: 124
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade 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: II ADC (2005) 360. ......ed 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 that..Category: Property Law | Date: | Hits: 37
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......of the case land, when the disputed record was prepared. 10. The High Court Division reversed the decision of the Courts below with the observation that the Courts below traveled beyond the jurisdiction vested in them under section 143A of the State Acquisition and Tenancy Act in deciding..Category: Property Law | Date: | Hits: 28
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......exclusion of this time spent in legal proceedings in wrong forums, has been invoked by Mr. Khan. This section is quoted below- "14. Exclusion of time of proceeding bonafide in court without jurisdiction. In computing the period of limitation prescribed for any suit, the time during which..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......ellip;………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit fo..Category: Property Law | Date: | Hits: 36
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ll be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 of the Ordinance, the Civil Court has not jurisdiction to question its validity…………..(8) Once it is held that the land has been req..Category: Property Law | Date: | Hits: 55
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