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M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......e of Chairman, Port Authority and another Vs. Ministry of Defence and others reported in 49 DLR (AD) 152 a question was involved as to whether the earned Admiralty Judge acted beyond his jurisdiction for allowing the said vessel M.V. Fong Yung to leave the territorial waters of Banglad..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......iminal revision as required under Section 439A of the Code of Criminal Procedure and as such the learned Sessions Judge in passing the order dated 19th July, 2007 acted unlawfully and without jurisdiction and the same order should be declared as illegal and void to secure ends of justice. I..Category: Criminal Law | Date: | Hits: 32
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......ession of the land within the time and thus the respondent No.1 acquired a vested right to the allotted land and as such the impugned memo canceling the allotment is illegal, arbitrary and without jurisdiction. 3. The appellant as respondent in the writ petition, filed an affidavit-in-opposition..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......issed the Miscellaneous case and set aside the judgment and order of the trial Court. The pre-emptor alone as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division discharged the Rule on the finding tha..Category: Property Law | Date: | Hits: 30
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......y and as such the listing of the property was not legal, that the finding of the Court of Settlement as regard the oral gift was contrary to law and that the Court of Settlement upon exceeding its jurisdiction rejected the oral gift made by the original owner of the property to her daughter, Anw..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ent case is breach of Rule 27(2) and is therefore illegal. Consequently, the inquiry proceeding leading to the submission of the inquiry report in this case is not sustainable in law and is without jurisdiction. This apart, the petitioner was not served with the second show causes notice togethe..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......t aside the order of dismissal on the finding that the said order of dismissal in respect of the respondent No.1 herein i.e. petitioner before the Administrative Tribunal was illegal, void, without jurisdiction and thereupon made the direction to the following effect "O. Ps. are directed to ..Category: Administrative Law | Date: | Hits: 96
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......d rightly held that the petitioners had no remedy under Sections 151/152 of the Code of Civil Procedure. The High Court Division has rightly found that the respondent No.1 acted without jurisdiction in passing the impugned order allowing the prayer for setting aside the final decree u..Category: Property Law | Date: | Hits: 37
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ...... 5. The trial Court dismissed the suit. On appeal being Title Appeal No.409 of 1992, the Court of appeal allowed the appeal. The defendant Nos.1 and 4 moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged. 6. We have hea..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... former President and allotments given by RAJUK in favour of the accused petitioners and therefore, the confiscation of Plot Nos. 49, 49A, 49B and 49C imposed on the accused petitioners was without jurisdiction and unconstitutional as the accused petitioners cannot be subjected to a penalty greate..Category: Anti-Corruption Laws | Date: | Hits: 294
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ...... the pendency of the suit. The appellate Court rejected the application for amendment of the plaint by the impugned order. Being aggrieved, the plaintiff moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged. 4. We have heard Muhammad..Category: Property Law | Date: | Hits: 21
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....(e) of the Evidence Act. Hence, this leave petition. 6. Zahirul Islam, the learned Advocate-on-Record, appearing for the petitioner, submits that the fixation of tariff value was not a discretionary matter of the Government rather it was subjected to compliance of provisions and proc......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......the Legislature meant, but what its language meant or in other words what the Ain said that it meant. The learned Counsel further submitted that an order passed by a Division Bench having writ jurisdiction cannot have any effect whatsoever on a Division Bench having civil appellate jur..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......e Government executed a registered leave deed dated 05.11.1994 inasmuch the complicated title in the property in question as well as disputed question of fact which could not be decided in the writ jurisdiction which needed a property constituted Court of law for adjudication principle of waiver a..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ase of the convict in the appeal, nor was it urged on behalf of the convict before the High Court Division that case against him was a case of no evidence or that judgment was of a court which had no jurisdiction by try the case or that conviction and sentence is contrary to the law or in other word..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......4. The trial Court decreed the suit. On appeal being Title Appeal No.3 of 1999 the appellate Court dismissed the appeal. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged. 5. We have heard Abdul Jab..Category: Property Law | Date: | Hits: 22
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......ction Dispute Case No.1 of 2003 and also the order dated 13.03.2005 for recounting the ballot papers as contained in Annexure-C to the writ petition should not be declared to be illegal and without jurisdiction and are of no legal effect and/or such other or further order or orders passed as to t..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... suit was barred under sections 11 and 12 of (E.P.) Ordinance No. XI of 1968 and section 13 of (E.P.) Ordinance No. XI of 1969. 6. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding t..Category: Employment/Service Law | Date: | Hits: 82
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......hat the Courts below believed the case of the plaintiff and after elaborate discussion and assigning cogent reasonings arrived at certain findings and the High Court Division under revisional jurisdiction had no scope to interfere with it. The learned Counsel further submitted that the inte..Category: Property Law | Date: | Hits: 29
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......fore, it is contended that the assessment of customs duty and the imposition of supplementary duty on the aforesaid rates on the basis of the aforesaid SROs, dated 14.02.2000 is illegal and without jurisdiction. 3. Mrs. Mahmuda Begum, learned Advocate-on-Record, appearing for the petitioner sub..Category: Fiscal/Taxation Law | Date: | Hits: 65