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S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......er of the District Co-operative Officer vide Memo No. 1146 dated 25.2.2007 constituting an Ad-hoc Managing Committee suspending the elected Managing Committee of the Samity was illegal and without jurisdiction. He further submits that the High Court Division also committed an error of law in fai..Category: Civil Law | Date: | Hits: 126
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......2 and 133 and the land claimed by the plaintiff is of plot Nos.147 and 148 and 150. As against the judgment of the lower appellate Court the petitioners moved the High Court Division in revisional jurisdiction and obtained Rule. 7. The High Court Division discharged the Rule on the findin..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......order dated December 11, 2006 of a single Bench of the High Court Division in Civil Revision No. 3806 of 2004 discharging the Rule. 2. Defendants moved the High Court Division in Revisional jurisdiction being aggrieved by the judgment and decree dated July 18, 2004 of the First Court of J..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....nce justice and not to frustrate it. In our view, High Court should not have adopted such a rigid approach which certainly has led to miscarriage of justice in the case. Power of judicial review is discretionary but this was a case where the High Court should have exercised it." 36. There i......er Article 102(2) of the Constitution. 7. It is pertinent and would not be out of context to mention that when an alleged accused or a convict by a duly constituted Court or a Court of competent jurisdiction gets himself temporarily released from custody on execution of bail bond, the law enjoi..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......r curtailment of area which is unlawful and thus committed illegality. 5. The High Court Division held that the appointment of respondent No. 5 was made in accordance with law curtailing the jurisdiction of the petitioner who is still Nikah Registrar for No. 7 Dhalua Union and held ..Category: Civil Law | Date: | Hits: 88
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......he appellate court by judgment and order dated 29.06.1999 dismissed the appeal and affirmed the judgment by the trial court, Being aggrieved the petitioner moved the High Court Division in revisional jurisdiction and the Rule obtained was discharged. 6. The High Court Division on consideration ..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......ent No.1 excluding the amount paid as subsistence allowance within 60 days from the date of judgment and order. 6. The petitioner BADC being thus aggrieved moved the High Court Division under writ-jurisdiction and the Rule issued was discharged of by the impugned judgment as aforesaid and again..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......ith the land mentioned in the suit kabala, his claim in the suit land has not been proved. As it appears in view of the above the High Court Division discharged the Rule holding that in revisional jurisdiction the Court is not competent to interfere with the finding of facts arrived at by t..Category: Property Law | Date: | Hits: 23
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......received the memo dated 10.8.2005 providing that in terms of the provisions of the Gazette Notifications dated 11.5.2004, and 19.6.2004, Annexures D and D-1, the respondent No. 2 has no longer any jurisdiction to renew the quarry leases of the pathor mahals without recommendations of the Distric..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ......the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being the disputed question of facts cannot be decided in writ jurisdiction and that in the case of Faizuddin Ahmed vs. the Secretary, Ministry of Energy and Natu..Category: Civil Law | Date: | Hits: 119
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......parties, hold that the learned Subordinate Judge was not justified in decreeing the suit and thereupon allowed the appeal. 6. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division on consideration of the materials ..Category: Property Law | Date: | Hits: 25
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ......ned Advocate-on-Record appearing for the appellants in both the appeals has referred to rule 30 of the State Acquisition Rules and submitted that the said Assistant Revenue Officer while exercising jurisdiction under section 30 of the Acquisition Rules, 1951 in the matter of preparation of rent ..Category: Criminal Law | Date: | Hits: 45
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......ns of the learned counsel for the parties held that the impugned order passed by the Artha Rin Adalat in a proceeding under order 21, Rule 89 of the Code of Civil Procedure is not amenable to writ jurisdiction and the same can in an appropriate case be deal with by a civil court. The High Court ..Category: Civil Law | Date: | Hits: 92
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......r then filed the present writ petition and obtained Rule but after hearing the High Court Division discharged the Rule holding that the question of abatement may be decided in a forum having civil jurisdiction and accordingly the writ petition is not maintainable. 3. The learned counsel ..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......aration of the character or status, which under the circumstances is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitution is not the proper jurisdiction and accordingly t..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......dgment of the Family Court and the defendant was directed to give the minor to the custody of the father. Thereupon the defendant, herein the appellant, moved the High Court Division in revisional jurisdiction and obtained the Rule. It appears that revisional application was filed without furnis..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......lly argued that the respondent's writ petition is maintainable in as much as those Notifications have been made under a statute having the force of law and the Administrative Tribunal does not have jurisdiction in respect of disputed matter herein. 10. Mr. Islam has next argued that the a..Category: Employment/Service Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......d that the award was filed by the sole Arbitrator. As against the order of the trial court rejecting the prayer for withdrawal of the suit the Respondent moved the High Court Division in revisional jurisdiction and obtained the Rule. 3. The High Court Division made the Rule absolute on th..Category: Alternative Dispute Resolution | Date: | Hits: 222
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......her allottees and as such writ petitioners i.e. Respondent in the respective leave petitions have no locus standi to challenge the order of cancellation and to move the High Court Division in writ jurisdiction seeking declaration that the action of the authority is without jurisdiction. It was a..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......the suit. On appeal in Other Class Appeal No.21 of 1992, the appellate court allowed the appeal and decreed the suit. Being aggrieved, the defendant No.3 moved the High Court Division in revisional jurisdiction and obtained the Rule which after hearing was made absolute. 6. We have hea..Category: Property Law | Date: | Hits: 32
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