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Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)
....sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......on record decreed the suit. On appeal in Title Appeal No.307 of 1995 the appellate Court dismissed the appeal. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 5. We have heard Mr...Category: Civil Law | Date: | Hits: 83
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......en where the application was made under Order XXXIX, rules 1 and 2 and this can be done for ends of justice and the High Court Division should not interfere against such order under its revisional jurisdiction. The Additional District Judge also noticed the proposition of law as available under ..Category: Property Law | Date: | Hits: 25
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ...... but no such application was filed and further, the issue as to on what basis the bank claimed excess money beyond the amount of loan granted being a question of fact cannot be decided in the writ jurisdiction and that the bank prayed for decree for an amount of Taka 2,23,80,407.74 due as on 30-..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......hout entering into the merit of the revisional application rejected the same holding that since the valuation of the suit is above Taka 5,00,000 the District Judge does not have the pecuniary jurisdiction to entertain the revisional application under section 115(2) of the Code of Civil..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....y sought the deity, from the suit land and vacated the suit possession. The learned Counsel argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretionary Power which the Court exercises with great caution and circumspection when an applica...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....or infirmity 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: 16 BLT (AD) (2008) 222. ......ervant and his grievance as raised in the writ petition is relating to his terms and conditions of service namely his transfer and accordingly, the relief, if any, of the petitioner lies within the jurisdiction of the Administrative Tribunal and not before the High Court Division in writ jurisdic..Category: Employment/Service Law | Date: | Hits: 73
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......e appellate Court allowed the appeal and thereupon setting aside the judgment and decree of the trial Court dismissed the suit. 8. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute upon observing that ..Category: Property Law | Date: | Hits: 24
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......ence and as such the High Court Division committed error in discharging the rule. Referring to Section 27(6) of the Special Powers Act, the learned Advocate submits that the Special Tribunal had no jurisdiction to try the petitioner in his absence without complying with the requirement of Section..Category: Criminal Law | Date: | Hits: 24
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ...... held that pre-emptors' failed to establish their initial date of knowledge about, the transfer as claimed On January 8, 1982. Thereupon the pre-emptors moved the High Court Division in revisional jurisdiction and obtained the Rule. 5. The High Court Division on consideration of the mater..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......tenant went on appeal and the appellate Court set aside the order of the trial Court. 5. As against the order of the appellate Court the landlord moved the High Court Division in revisional jurisdiction and obtained the aforementioned Rules. It was the contention of the petitioner in the ..Category: Civil Law | Date: | Hits: 104
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ...... the learned Joint District Judge, after hearing, by judgment and order dated 4.1.2005 rejected the above application and being aggrieved the petitioner moved the High Court Division in revisional jurisdiction and the High Court Division summarily rejected the same. 4. The learned counsel..Category: Civil Law | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......the appellate court allowed the appeal and set aside the judgment of the trial court and dismissed the pre-emption case. Being aggrieved, the pre-emptor moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 5. We have heard Mr...Category: Property Law | Date: | Hits: 19
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......, however, submitted that no consideration being made regarding the vires of Government Servant (Discipline and Appeal) Rules, 1985 as pleaded in the case, the High Court Division acted without jurisdiction in deciding the case disregarding the decision in the case of Mujibur Rahman reported..Category: Employment/Service Law | Date: | Hits: 62
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ...... should be heard simultaneously. The, learned Druta Bichar Tribunal by its order dated 21-11-2004 rejected the said application for analogous hearing on the ground that the learned Tribunal lacked jurisdiction to try the G. R. Case No.102 of 2002 along with Druta Bichar Case No.22 of 2004. ..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......m of title in the land in suit did not place any paper before the Court, that plaintiffs have no title in the land in suit. 6. The plaintiffs then moved the High Court Division in revisional jurisdiction and obtained the Rule. It was contended from the side of the plaintiffs before the Hig..Category: Property Law | Date: | Hits: 22
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......revisional application and obtained Rule. The High Court Division made the Rule absolute. 5. Leave was granted to consider the submission that the High Court Division exceeded its revisional jurisdiction in setting aside the concurrent findings of facts arrived at by the courts below with..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ...... Criminal Misc. Case Nos. 1847,4264 and 4297 of 2001 and also stayed further proceeding of Metro Special Case No. 81 of 2000; thus the learned Senior Metropolitan Special Judge, who had the exclusive jurisdiction to take cognizance of the offence either accepting the police report or refusing to acc..Category: Anti-Corruption Laws | Date: | Hits: 152
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......l Law Court at the instance of the prosecution rather the Zonal Martial Law Administrator sue moto transferred the case. The said transfer of the case to the Special Martial Law Court was without jurisdiction and the Special Martial Law Court had no authority in law to try the case. Thus the e..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......discharged the Rules upon observing that "It is will settled that in a case where basic facts are disputed and the complicated questions of law and fact depending on evidence were involved the writ jurisdiction is not the proper forum for seeking relief. Affidavit evidence placed before us are not..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......issing the same. The suit was filed seeking declaration that the orders described in schedule 'Ka' and 'Kha' and the proceedings initiated on the basis of the said orders are illegal, void, without jurisdiction and as such not binding upon the plaintiffs. 2. It appears that the plaint..Category: Property Law | Date: | Hits: 19
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