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Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al. 3. Leave was granted to consider the submissions that the learned Additional Sessions Judge and Judge of Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Sylhet had no territorial jurisdiction to try the case and there is no material on record to show that the appellant in any w..Category: Criminal Law | Date: | Hits: 64
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......ted in terms of Rule 143(3) and the concerned inquiry officer's offered personal hearing to the petitioners and after due inquiry found the petitioners guilty and as this court, under writ jurisdiction cannot sit as a court of appeal and decide whether the said inquiry officer's on..Category: Employment/Service Law | Date: | Hits: 89
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the 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) 399. ......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: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......e parties allowed the application filed under Order, 1, Rule 10(2) of the Code of civil Procedure by the Respondent Nos.1 and 2. Thereupon the appellant moved the High Court Division in revisional jurisdiction. The High Court division summarily rejected the revisional application. 7...Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......llate Tribunal took the view that since opposite party No. 3 drew up proceeding against the petitioner after he had joined District Police Force. Khulna on transfer he (O. P. No. 3) had no jurisdiction for taking disciplinary action against the petitioner because the provisions of ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
.... has been overwritten in place of C.S. No. 41. The High Court Division further held that in suit for specific performance of a contract the plaintiff is required to come with clean hands to get the discretionary relief. The High Court Division further held that in the present case when insertion ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......on) Ordinance, 1979 to issue notice specifying the penalty proposed to be imposed, the Administrative Appellate Tribunal dismissal passed by the Secretary of the Ministry is illegal and without jurisdiction, he further submits that under sub-section (2) of Section 6 of the Bangladesh Public ..Category: Employment/Service Law | Date: | Hits: 62
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......came fully aware after taking certified copies on 27.11.78 within 3 years of which she filed the instant suit. Finally, Mr. Arif submits that the High Court Division acted in excess of its jurisdiction in interfering with the finding of fact by the final court of fact the lower app..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. 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: 1 ADC (2004) 277. ......missions 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 of offences. Therefore the proceedings ought to be quashed. The Hig..Category: Criminal Law | Date: | Hits: 40
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......of provision of Section 5 of the Limitation Act, the Court if is satisfied with the explanation as to how delay occurred in filing the appeal within the prescribed time then is very much within its jurisdiction to condone the delay and to make direction to register the appeal…………..(10) ..Category: Criminal Law | Date: | Hits: 109
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......i was alive till 1977 and as such there is no scope to consider the kabalas executed both by Yakub Ali and Ishaque are fraudulent. 7. The defendant moved the High Court Division in revision jurisdiction. The High Court Division set aside the judgment of the appellate Court upon making the..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......ision, however, remanded the suit to the lower appellate court for writing a proper judgment in accordance with law. The evidence on record are sufficient to dispose of the case in its revisional jurisdiction under section 115(1) of Code of Civil Procedure and in that view of the point of law in..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......ministrator which has been upheld by the High Court Division. 5. Mr. Mozammal Huq, the learned counsel for the respondent submits that the administrator of wakf acted legally within his jurisdiction in amending the bye laws for management and administration of the wakf estate and as s..Category: Trust/Waqf Law | Date: | Hits: 200
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......pointed out that although an alternative forum is available if an order is passed without jurisdiction then that is corum-non-judice and the aggrieved person may come for relief under the writ jurisdiction although there is an alternative forum available for redress" made the Rule absol..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......os.3-5 and 8 within Gafargaon Police Station and that he was permanently appointed as Nikah Registrar on October 20, 1981, that on March 8, 1998 Union No.5 was taken away from the Respondent No.1's jurisdiction. Thereafter on February 20, 2000 Union No.8 was taken away from the jurisdiction of Re..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....ting the trial court to try and dispose of 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 i...... and dispose of 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 ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......ceeding only for three months had no lawful authority to award the interest on the unpaid amount of Tk. 6,82,40,216,. 13 Paisa for a period of 2 years. He contends further that he had also no jurisdiction to allow the interest beyond the date of the award in view of section 29 of the Arbitr..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ...... are still holding and possessing the case property. As such the High Court Division declared the possession of the respondent appellants in the aforesaid three plots to be illegal and without jurisdiction and the appellants were directed to release C.S. plot No. 3170 in full, C.S. plot No. ..Category: Property Law | Date: | Hits: 29
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......er has challenged his seniority in the service which is in respect of terms and conditions of his service he ought to have moved the Administrative Tribunal and not the High Court Division in writ jurisdiction. 4. The High Court Division on consideration of the materials on record ma..Category: Administrative Law | Date: | Hits: 95
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......nd there upon the authority informed the appellant on 21 March, 1996 that his review application has been dismissed. 3. Thereupon the appellant moved the High Court Division in its writ jurisdiction contending inter alia, that he was found not negligent by the enquiry officer in ..Category: Employment/Service Law | Date: | Hits: 69
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