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Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......o Drug Court shall take cognizance of an offence except on a report in writing made by the Licencing Authority. It is contended that entire proceeding before the learned Magistrate is without jurisdiction as such the case should be transferred to the Drug Court at Dhaka. 5. Se..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....keep reserves Diesel & Petrol and his own cost and risk for regular supply and for any dislocation or short supply the supplier shall be responsible and necessary penalty will be imposed as per discretionary power of the Executive Engineer. 11 to 17...... Sd/- Illegible Executiv......has the requisite pre-qualificati6n to submit the tender and whether due to lack of such pre-qualification, if any, the acceptance of the tender by respondent Nos. 2 and 3 has been illegal, without jurisdiction and void is the subject matter of the suit for such declaration. Before us the p..Category: Others | Date: | Hits: 84
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......on is not maintainable; (b) that the petitioner has no locus standi to file the writ petition; (c) that the petitioner is not aggrieved; (d) that this Court has no jurisdiction to issue a Rule and to direct the respondent Nos. 3-5 to attend the Sessions; ..Category: Constitutional Law | Date: | Hits: 147
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......and on calculating his share it was reduced to 2.01 acre from 2.82. 9. Mr. B. N. Chowdhury appearing for the plaintiff appellant contended that this reduction was arbitrary and without jurisdiction. There is no force in the argument: Order 41 Rule 33 is in the following terms..Category: Property Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......it petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the basis of evidence and cannot be decided in a summary proceeding of writ jurisdiction. 12. The High Court Division further observed that the 4th allegation is of set..Category: Civil Law | Date: | Hits: 113
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the 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: VI ADC (2009) 323.......gh Court Division without calling for L.C. records from the Court below most illegally passed the impugned judgment and order declaring the proceeding as well as the conviction as illegal and without jurisdiction. 5. Admittedly, the respondent No. 1-writ-petitioner is fugitive from justice. Moreo..Category: Anti-Corruption Laws | Date: | Hits: 119
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ...... for fixing date of hearing. When the matter was taken up the learned Advocate for the petitioners pointed out that the valuation of the Rule is of Tk. 1,00,000/- and as such, as per pecuniary jurisdiction the rule would be heard by a Single Bench of the High Court Division. The High Court&n..Category: Property Law | Date: | Hits: 32
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction..................................(9) Lawyers Involved: Syed Mahmood Hossain, Advo..Category: Family Law | Date: | Hits: 180
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......in P.O. No. 11 of 1973 as the article of that Order), although applicable to the plaintiff was not complied with in removing him from service. The order of dismissal was illegal being made without jurisdiction and in violation of the principle of natural justice. 5. Dr. Rafiqur Rahman, le..Category: Employment/Service Law | Date: | Hits: 69
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....reof. 7. The appellant has taken exception to the awarding of the interest at the rate of 18% till realization. Section 34 of the Code of Civil Procedure provides that payment of interest is discretionary but should not be refused in the absence of proper reason and in exercising discreti......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....e under rule 10." 16. It was argued in subsequent cases that as Rule 11 uses the word "the Court may order payment of interest" the award of interest was also discretionary under Rule 11. Reliance was also placed on the afore quoted observation of the Feder...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......entary evidence held that the plaintiff in 1355 B.S. took settlement of the suit land as an agricultural land, the learned Judge of the High Court Division appears to have acted illegally and without jurisdiction in reversing a concluded finding of fact in exercise of his revisional jurisdiction a..Category: Tenancy Law | Date: | Hits: 163
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......nsider the appellant's contention that the learned Subordinate Judge erroneously held that Other Suit No. 26 of 1983 of the Court of Senior Assistant Judge, Cox's Bazar was not within the pecuniary jurisdiction of the said court. 3. The appellant filed the suit for partition. Subsequently..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......ng been reinstated to his post vide memo No. 2025 dated 5.11.90, the second order of his suspension from service vide memo. No. 2026 issued on the same date on 5.11.90 was illegal and without jurisdiction. 9. Trial Court also noticed that the plaintiff submitted an application object..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ween the parties the Court's decree cannot be set aside. In view of the broad fact that the compromise in question in this case is not binding upon the Government the contentions as to Court's jurisdiction to set aside the appellate decision and as to the nature of the compromise, whether it..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......993 decreeing the plaintiff-respondent's Title Suit No. 408 of 1990 declaring that the order of removal of the respondent from service of the TCB by order dated 26-1-83 is illegal, void and without jurisdiction, that the respondent is still in service of the appellant and that he is entitled to h..Category: Employment/Service Law | Date: | Hits: 69
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......tween the same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any other court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits of Bangladesh establis..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......cation for rejection of plaint under Order 7 Rule 11 of the Code on the selfsame subject matter and although the High Court Division noticed the said facts acted in access of its jurisdiction in making the Rule absolute and as such the impugned judgment of the High Court Divis..Category: Property Law | Date: | Hits: 39
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......he findings and reasons of the courts below not to speak of reversing them, and also of the oral and documentary evidence on record. He submits that the High Court Division exceeded its jurisdiction in setting aside the concurrent findings of fact without lawfully reversing them an..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......r hand, in support of the judgment and order of the High Court Division submitted that service of proper notice under section 106 of the Transfer of Property Act terminating the tenancy confers jurisdiction upon the S.C.C. Court to entertain the suit for ejectment of tenant from the suit premi..Category: Tenancy Law | Date: | Hits: 154
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