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Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....ngladesh Bank respectively, opposed the rules by filing affidavits-in-opposition and supplementary affidavits-in-opposition denying the allegations and contending, inter alia, that the petitioners in total violation of the established practice made payment of Tk. 7,25,400/- and Tk.7,69,144/- against......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......ound of violation of fundamental right may seek his remedy under Article102 of the Constitution but in all other cases he will seek remedy under Article 117(2) and that on the terms and the exclusive jurisdiction to hear the dispute and that in the instant writ petitions the petitioners did not ch..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......d by the claimant or to disclose the basis of treating the property as abandoned property merely because the claimant disputes the same and moreover the High Court Division in exercise of its writ jurisdiction can not sit as a Court of Appeal over the judgment of the Court of Settlement for rese..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......s Case does not involve any substantial question of law as to the interpretation of the Constitution or any point of general public importance and, therefore, the High Court Division acted without jurisdiction and committed an error of law apparent on the face of record to allow the hearing of t..Category: Property Law | Date: | Hits: 23
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ...... by not availing the alternative remedy provided under section 193 of the Customs Act, there is no bar under the facts and circumstances of the writ petition to indicate the grievance under the writ jurisdiction. 7. In the instant case, pursuant to SRO No.56 dated 16.3.1999 the importer made al..Category: Fiscal/Taxation Law | Date: | Hits: 72
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......thority. These documentary evidences have been overlooked by the trial Court. The findings of the trial Court that the suit is barred by limitation is erroneous. The trial Court traveled beyond its jurisdiction and the finding that the defendant-respondents are entitled to claim compensation is ..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......er allied matters. 10. The respondents herein, who were the petitioners in the arbitration case, being aggrieved by the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the aforesaid rules. 11. A Division Bench of the High Court Division b..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ition summarily upon observing that the writ petitioner contested the suit by filing written statement and that when the decree was passed against him, he has moved the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held..Category: Civil Law | Date: | Hits: 98
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....icated upon affidavits and in a summary manner the High Court Division was in error in making the Rule absolute on the view that the mother has the legal right to have the custody of the minors but totally left out of consideration the material fact that the mother i.e. the writ petitioner lost ......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......udication by the Family Court in Family Suit No. 61 of 2007 filed by the writ petitioner, respondent No.1 herein and in that state of the matter the High Court Division ought not have exercised its jurisdiction under Article 102(2)(b)(I) of the Constitution and thereupon ought to not have declar..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....der and also upon perusal of the judgment of the trial Court and the appellate Court that the judgment of the said Courts were not satisfactory. On perusal of the evidence it is seen that there is total absence of evidence that landlord made the land in suit khash. In the background of the absen......d also upon perusal of the judgment of the trial Court and the appellate Court that the judgment of the said Courts were not satisfactory. On perusal of the evidence it is seen that there is total absence of evidence that landlord made the land in suit khash. In the background of the absence of ......urt allowed the appeal and thereupon decreed the suit upon setting aside the judgment and decree of the trial Court. 9. The defendant No.1 moved the High Court Division in revisional jurisdiction impugning the judgment and decree of the appellate Court. The High Court Division whil..Category: Property Law | Date: | Hits: 28
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......, appearing for the petitioners submitted that P.W.26 the investigating officer of this case has deposed against the petitioners and was cross-examined by the defence was not completed due to short absence of the learned Advocate of the petitioners, the learned Additional Sessions Judge wit...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......the instant case and as such it is clear that the alleged occurrence did not happen in the alleged manner and place and as such the proceeding of the instant case is liable to be quashed; that the absence of any incriminating material against the petitioner, the proceedings against the peti......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ..Category: Criminal Law | Date: | Hits: 52
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......ament. The local Union Parishad Chairman held an enquiry and found that the writ petitioner was, in fact, a resident of village Moheshpur within Barura Police Station located beyond the territorial jurisdiction of the Edbarpur Union for which he was licensed as the Nikah Registrar. 4. Mr. ..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
.... 8. This court by its judgment dated 6.11.2002 dismissed the civil petition for leave to appeal filed by the respondent on the finding, that the explanation offered seeking condonation of delay is totally unsatisfactory. A judgment pronounced by this court is normally final and should not be rea......ware of the said instructions made in the said letter dated 11.4.1993. The respondent was under the impression that his leave petition would be allowed and no exception would be taken for his absence for those days. After joining in the Office, the respondent came to know that he was select......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... learnt about it on obtaining certified copies of the deeds of sale and filed the pre-emption cases on making deposit of value of case land as per deed with 10% compensation as required by law and total quantity of land held by her would be far less than 100 bighas. 4. The petitioners as...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......sion and other connected papers. 5. As it appears the High Court Division discharged the Rule holding that admittedly the earlier suit was filed within time in a court of competent jurisdiction but since wrong relief was sought the suit ended unsuccessfully up to the Appellate D..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......f is not entitled to get leave for a period of four months 15 days for B. Ed Training Course and that a notice be issued upon her to show cause as to why action should not be taken against her for absence from the school without leave; then a show cause notice was issued on 16.2.99 under the sig......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..Category: Employment/Service Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....es of land out of 'Ka' schedule, 2.06 acres of land out of Kha schedule, .38 acres of land out of schedule Ga and 12 acres of land out of schedule 'Gha' and that the plaintiff has been possessing total area of 4.70 acres of land in ejmali out of the above jotes and that Delwar Sheikh never trans......ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469...Category: Property Law | Date: | Hits: 42
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......a later period simply because it was in possession of the fishery in the former period; that a memo of delivery of possession plays a vital role in the possession of a fishery and in the absence of which the appellants cannot claim that respondent No.1 possessed the fishery and should ...... cannot claim that respondent No.1 possessed the fishery and should pay for it; that the impugned memo is malafide in the facts and circumstances of the case besides being illegal and without jurisdiction and as such, respondent No.1 was not required to pursue the remedy provided the P..Category: Civil Law | Date: | Hits: 101
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....mned call upto 02.11.2000 when the High Court confirmed the sentence of death and thereafter upto this date and thus the petitioner suffered the agony of death in condemned cell for a total period of 5 years 8 months. But this Court summarily dismissed jail petition Nos. 4 and 5 of......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..Category: Criminal Law | Date: | Hits: 35
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....iled to notice, however, is that Mujibur Rahman's case is not the only case which defines the writ jurisdiction of the High Court Division. We regret to say that the Appellate Tribunal seems to be totally unaware of the settled law that notwithstanding the ouster of jurisdiction of the High......ondents fairly conceded the settled position of law as referred to above. Not only that the learned Deputy Attorney General supported the contention of the appellant that the judgment passed in the absence of a member of the Appellate Tribunal will be a judgment of individuals and not of the Trib......- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision of law. The Tribunal here is the Administrative Appellate Tri..Category: Administrative Law | Date: | Hits: 110
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