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Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......not be considered a notice under clause (aa) of section 7 of the Act. Such a notice could not entitle the appellant to file the arbitration case. The arbitration proceeding was, therefore, without jurisdiction. In these circumstances we uphold the decision of the High Court Division altho..Category: Property Law | Date: | Hits: 28
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......re was no legal bar in doing so as there was no case pending at the relevant time, could not be said of lease to have given rise to a new cause of action for moving the High Court Division in writ jurisdiction. It was further submitted that lease agreement dated 20.3.67 in favour of Abul Hashem ..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......bmissions that the accused petitioner being the Managing Director of a Private Limited Company in which the Government has no share is not a public servant and as such the Special Judge has no jurisdiction to try the alleged offences. Therefore the proceedings ought to be quashed. The High ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......5 of 1987 seeking release of the property of the holding in question. The Court of Settlement dismissed both the cases. 5. Thereupon the Respondent No. 1 moved the High Court Division in writ jurisdiction questioning legality of the judgment and order of the Court of Settlement. The High Cou..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......etent civil court. The High Court Division held that the Court of Settlement failed to decide the real issue i.e. whether the premises in question was an Abandoned Property or not and exceeded its jurisdiction in holding that the civil court decree obtained by the respondent was fraudulent and w..Category: Property Law | Date: | Hits: 37
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......names in respect of the disputed premises. The respondent were required to establish their title to the disputed premises before praying for a direction for mutation of their names and the writ jurisdiction was not the proper forms for deciding the question of title. Mutation could not be or..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......s and taxes leviable on the basis of the enhanced tariff value introduced by the notification dated March 10, 1990. But nothing was done and then the importer moved the High Court Division in writ jurisdiction alleging that authorities' action illegal and arbitrary. 24. It was contended ..Category: Fiscal/Taxation Law | Date: | Hits: 74
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
.... and in this connection it is pertinent to be mentioned that the sale committee of the defendants had accepted the price as offered by the plaintiff in respect of the properties and though this is discretionary power and this discretionary power cannot be exercised by the defendants after t......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......alid grounds and for the ends of justice the case is required be restored for hearing on merit. The further submission that under section 14A of the (Emergency) Requisition of Property Act, 1948, the jurisdiction of the civil Court being barred under the law, the suit was not maintainable. Therefore..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246........e. not being enlarge on bail during the pendency of the criminal appeal filed by her against the judgment and order of the Court of Special Judge, her tadbirker moved the High Court Division in writ jurisdiction seeking reliefs, including bail till final disposal of the Criminal Appeal No. 3990 of ..Category: Criminal Law | Date: | Hits: 51
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......ute really arose over title and possessor interest of the parties. In that circumstances, the order of temporary suspension of the plan cannot be said to be illegal, arbitrary and without any jurisdiction. It is also on record that before suspension of the plan by the RAJUK both the parties..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ...... rejected the same by assigning appropriate reasons and there is no ground to interfere with the impugned order. The said persons are neither necessary nor proper parties and the Court has no jurisdiction to add them as parties under Order 1 Rule 10(2) of the Code of Civil Procedure. Before..Category: Others | Date: | Hits: 95
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......mission that since the Dispatch Register and the Peon Book, subject matters of alleged forgery, were not produced in First Miscellaneous Appeal No. 109 of 1996 the High Court Division exceeded its jurisdiction in conducting a preliminary inquiry into the matter by examining witnesses and ma..Category: Criminal Law | Date: | Hits: 49
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......civil petition for leave to appeal before this Division. 6. Leave was granted to consider the submission that the learned Single Judge of the High Court Division has traveled beyond his jurisdiction under section 115 of the Code of Civil Procedure by reversing the concurrent finding o..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......id Kanai Lal Roy has filed the leave petition No. 267 of 2000 and obtained the order of granting leave in this appeal to consider the grievance of the petitioner whether the High Court Division has jurisdiction to grant the Probate merely on the consent of the parties without the will being prove..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......ted on the ground of default in the payment of rent. 5. The learned S.S.C Judge dismissed the suit. Being aggrieved the plaintiff-appellants moved the High Court Division in revisional jurisdiction under section 25 of Small Cause Courts Act. The High Court Division discharged t..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......e Respondent No. 2 to award one of the phases of the contract to the Respondent No. 1 being of the nature of act of the arbiter is not sustainable in law as because the High Court Division in writ jurisdiction is not authorized to arrogate to itself the power of arbiter. 8. The learned C..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......oration. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ jurisdiction in respect of allotment of the self same shop it is just and proper that the writ pet..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......rnment firstly contended that the Court of appeal below being the final court of fact having rightly reversed the findings of the trial court, the High Court Division sitting in the revisional jurisdiction has committed an error of law in setting aside the findings of facts arrived at by the..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... Appeal bellow as regards the shifting of onus upon the defendant. In such view of the matter the argument of Mr. Nikilesh Dutta is to the effect then the High Court Division in its revisional jurisdiction rightly concurred with the findings and decision of the trial court and rightly rever..Category: Property Law | Date: | Hits: 27
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