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Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)

....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......held the findings of the appellate court on this point. The learned Advocate-on-Record for the petitioner argued that .01/4 decimal of land of Brahmanbaria was included in the document to attract the jurisdiction of the Sub-Registrar's Office at Brahmanbaria for the purpose of registration of the do..

Category: Tenancy Law | Date: | Hits: 174

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... the judgment and decree of the trail Court and thereupon decreed the suit. 12. As against the judgment and decree of the appellate Court 12 defendants moved the High Court Division in revisional jurisdiction and obtained Rule. 13. The High Court Division noticed the finding of the appellate..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)

.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... of selection grade and their fundamental right of the equal treatment as enshrined in the Constitution being violated they had no other alternative but to move the High Court Division in its writ jurisdiction as they could not ventilate, the grievance of violation of their fundamental rights be..

Category: Employment/Service Law | Date: | Hits: 69

Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41.  ......ainable and the application for review having been filed earlier in point of time before the filing of the appeal on the grounds inter alia, on discovery of new and important matter, the court had jurisdiction to deal with the review application; that the court having granted the review and havi..

Category: Property Law | Date: | Hits: 27

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......acquittal and passing an order of conviction and sentence. Furthermore, the exclusive powers of the Appellate Division under Article 104 and 105 of the Constitution apply as special and extraordinary jurisdiction to avoid miscarriage of justice by establishing complete justice and with that view App..

Category: Criminal Law | Date: | Hits: 94

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......o upon dismissing the appeal affirmed the judgment and decree of the court of first instance. There­upon, the defendant-Government of Bangla­desh moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the findings..

Category: Property Law | Date: | Hits: 27

Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)

....ate  had  no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under section 307 of the Penal Code but, in fact, the trial Court had ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......n the case of Md. Abul Hossain vs. State reported in 1999 BLD (AD) 97, it was held that the inves­tigation by an Assistant Inspector of the Bureau of Anti-Corruption does not per se be­come without jurisdiction and a proceeding cannot also be quashed merely because there is irregularity, if any, i..

Category: Criminal Law | Date: | Hits: 63

Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)

....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......e juris­diction of the Court of Joint District Judge, where the suit was pending, was also questioned praying for transferring the suit to the Court of the learned Assistant Judge of competent jurisdiction. The learned Joint District Judge before whom the suit was pending by order dated 25-8..

Category: Property Law | Date: | Hits: 22

Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)

....e the Appellate Tribunal and the High Court Division found that they are non contesting opposite parties. 5. It has been argued that under Order 41 rule 14 of the Code of Civil Procedure no discretionary power has been given to the court for dispensing with the service of notice on any re......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164.     ..

Category: Election Law | Date: | Hits: 112

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ed by the statute and if such a notice is issued by an unauthorized person or the allegations made therein do not attract the mischief of that section then such a notice can be challenged in the writ jurisdiction………………………(13 & 14) Case Referred to- Md. Saiful Alam alias..

Category: Banking Law | Date: | Hits: 139

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......r not containing the code number or the signature or initial of the Assistant Presiding Officer shall not cause the ballot paper to be excluded from counting. The High Court Division acted without jurisdiction in excluding the ballot papers for such omission. …………&hel..

Category: Election Law | Date: | Hits: 126

Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)

.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......ommittee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge is in question. The Committee was consti­tuted sometime in 1976...

Category: Trust/Waqf Law | Date: | Hits: 185

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......ldquo;3. Declaration of union and alter­nation of limits thereof.- The Deputy Commissioner may, in the prescribed manner - a) Divide the rural areas of a Police Station within his jurisdiction sepa­rately into a number of areas, and declare each such area to be a union; ..

Category: Election Law | Date: | Hits: 114

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....r defendant or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon settle all the questions involved in the suit. This power is discretionary. Unless this power is exercised arbitrarily or fancifully it cannot be interfered with......der was ultimately set aside as stated above. 8. Mr. Md. Ansar Ali, the learned Counsel appearing for the appellant submits that the learned Judge of the High Court Division acted in excess of his jurisdiction under section 115 of the Code of Civil Procedure in reversing the finding of the learne..

Category: Tenancy Law | Date: | Hits: 142

Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......re is no relationship of tenant and landlord between him and the respondents. The learned judge repealed all the contentions raised on behalf of the petitioner and declined to exercise his revisional jurisdiction under section 25 of the Small Cause Courts Act. 3. Mr. B. B. Roy Chowdhury, learned ..

Category: Tenancy Law | Date: | Hits: 163

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......ontrol and Management of Industrial and Commercial Concerns) Order, 1972 (A. P.O. No. 1 of 1972); (b) "Court" includes the High Court and the Supreme Court exercising any jurisdiction under the Constitution or any other law; (c) "the President's Orde..

Category: Constitutional Law | Date: | Hits: 307

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 21. On a number of occasions this court indicated the scope of the High Court Division to exercise the jurisdiction as provided in section 561A of the Code and its limitation. 22. In this connection t..

Category: Criminal Law | Date: | Hits: 138

Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)

.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  ......hat the learned Magistrate rejected the naraji petition and accepted the final report submitted by the police after investigation. The informant then moved the learned Sessions Judge in revisional jurisdiction and the learned Sessions Judge found a prima facie case against the accused petitioner..

Category: Criminal Law | Date: | Hits: 50

Bangla­desh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)

....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60.  ......other and inter-changeable and inter-transferable. After publication of the impugned Act No. XX of 2000 the respondent was transferred. The respondent then moved the High Court Division in the writ jurisdiction challenging the transfer order and the vires of section 8 of Act No. XX of 2000 and a..

Category: Constitutional Law | Date: | Hits: 133