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Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ...... the part of the Bank. 7. As to the contentions on the basis of Art. 34(1) of the BSB Order and the Rules, we do not think that they are well-founded in law. It is not disputed that the Bank has jurisdiction to sell the mortgaged property of the borrower directly under Art. 34 of the Order. A..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the Promulgation of the said Proclamation" may be disposed of by the forum to be created by the President under para 5 of the Proclamation of Withdrawal of Martial Law, was unwarranted and without jurisdiction inasmuch as the respondent filed the writ petition in respect of his own grievance only..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......ection dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election tribunal cases of Dhaka City Corporation. It does not exclude jurisdiction of the High Court Division under article 102 of the constitution. There is no word of f..Category: Election Law | Date: | Hits: 102
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......t No.1 was established by Act No.12 of 1997 as a commercial bank and that the defendant No.1 took loan from its predecessor, a financial institution, and as such the Artha Rin Adalat has jurisdiction to try the suit. The defendants then moved the High Court Division whereupon a Ru..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m any illegality, or the same is also not against the materials on record, that plaintiff has failed to prove his case. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction. The High Court Division made the Rule absolute on the findings that plaintiff e..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ...... reference or within the time extended by the Court and admittedly the award has been passed beyond the period of time without any extension from the Court, the arbitrators ceased to have jurisdiction in passing the award which is not award in the eye of law and referred to the case of..Category: Property Law | Date: | Hits: 41
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......ervice. He then filed grievance petition under Section 25 of the Act before the 2nd Labour Court, Dhaka and the case was allowed. The respondent then moved the High Court Division in writ jurisdiction against the judgment of the Labour Court and the Rule was made absolute as noticed ear..Category: Employment/Service Law | Date: | Hits: 91
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......ted the said 4 decimals of land and as such prayer for pre-emption is quite maintainable. The pre-emptee as against the order of the appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division concurred with the finding of the appe..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions 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: 12 MLR (AD) 105. ......title by adverse possession as regard the land of plaintiff No.1. 7. As against the judgment and decree of the appellate Court the plaintiff No.3 alone moved the High Court Division in revision-al jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the finding that t..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......trial court dismissed the suit. Being aggrieved the plaintiffs preferred Title Appeal No. 16 of 1988 which was also dismissed. Thereafter the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule and ultimately after hearing the Rule was discharged. 6. ..Category: Property Law | Date: | Hits: 59
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ed that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke writ jurisdiction under Article 102 of the Constitution. 9. Mr. A. B. M. Nurul Islam lastly conten..Category: Constitutional Law | Date: | Hits: 162
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....in the Project Proforma by the DPEC operating to the detriment of the petitioner's interest in securing continued employment in the project are products of arbitrary and irrational exercise of discretionary power. As a consequence, the impugned orders in Annexure-P, Q and R flowing from......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......rder 6 Rule 17 of the Code of Civil Procedure was filed but the learned joint District Judge rejected the application for amendment. The plaintiffs then moved the High Court Division in revisional jurisdiction. The High Court Division allowed the amendment application and made the Rule abso..Category: Procedural Law | Date: | Hits: 154
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......he PSC on the basis of evaluation of materials as well as interview and thus the High Court Division sat as an appellate authority over the opinion formed by the PSC and so acted in excess of jurisdiction and committed illegality in so sitting as an appellate body, inasmuch as the decision ..Category: Employment/Service Law | Date: | Hits: 86
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......rt below erred in law in passing the impugned judgment and order in much as a Division Bench of the High Court Division of the Supreme Court of Bangladesh ought not to have arrogated to itself the jurisdiction to judicially review the proceedings, findings and opinions of the Supreme Judicial Co..Category: Others | Date: | Hits: 97
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......y;olution dated 28.12.2003 taken by the 5th auction committee and further to accept the bid offered by the petitioner for item No.7 If the said resolution; that the High Court Division has no jurisdiction to fix the value of the items for auction and as such the impugned judgment and o..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......from service. 4. The trial Court decreed the suit. On an appeal being Title Appeal No. 46 of 1999 the appellate Court allowed the appeal. The plaintiff moved the High Court Division in revisional jurisdiction and the Rule was made absolute as noticed earlier. 5. We have heard Mr. Ziaul Hasan..Category: Employment/Service Law | Date: | Hits: 181
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......aper transaction. In fact, the appellant entered into the land in question on 16-10-2000 and dispossessed the writ petitioners. The allotment of the land to the appellants having been made without jurisdiction and the writ petitioners having been illegally evicted in pursuance of the aforesaid u..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......pellant submits that the High Court Division was in serious error in setting aside the judgment of the lower appellate Court affirming the judgment of the trial Court in exercise of its revisional jurisdiction when the judgments of the Courts below were based on due consideration of the evidence..Category: Property Law | Date: | Hits: 44
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