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Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......ns imposed by a regulatory body constituted under the law and so, in an application for condonation of delay in holding Annual General Meeting under the above sections, the High Court Division has jurisdiction to either condone or not condone the delay and any consequential order necessarily rel..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d because of the fact that the convicts were tried by a competent Court of the country in accordance with law and upon due compliance of all the necessary formalities and, in such view of the matter, jurisdictional question is rather redundant. In the result, I also dismiss all the petitions and ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... trial Court that the plaintiffs could not prove their possession and that a trial Court should not be treated as infallible only because it saw and heard the witnesses and as the appellate Court has jurisdiction to review the evidence in order to determine whether the conclusion originally reached ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......try of Finance took the responsibility to repay the loan to the plaintiff bank and, as such, the judgment of the Artha Rin Adalat to decree the amount also against the defendant petitioner is without jurisdiction. 11. Mr. Abdur Razzaq, learned Counsel appearing for the respondent in both the peti..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......s competent to enforce the statute. The matter, arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution…(4) Lawyers Involved: Abdur Rab Chowdhur..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......deposit the sum of Tk. 24,66,088/45 paisa as directed by the Board of Revenue. At that time the company could not challenge the legality of the impugned order dated 11th July, 1985 because the writ jurisdiction of the High Court Division was in suspension due to Martial Law prevailing in the count..Category: Fiscal/Taxation Law | Date: | Hits: 114
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... promissory estoppel. As for the alternative remedy, the contention of Mr. Rafique-ul-Haq is fully correct because the remedy provided for in the Act is not equally efficacious remedy to bar the writ jurisdiction. 22. Applying the principles laid down in the aforesaid decisions the view taken by ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances suc..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......r as the creation of post in the revenue budget the Government has the discretion either to create of not to create post, which Government exercises on the basis of requirement and the court has no jurisdiction to compel the Government to create post in the revenue budget by applying the legitima..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......nt Nos. 5 to 23 to the posts of Superintendents of Police, although the writ petitioners were senior to them and so the petitioners challenged the action before the High Court Division in its writ jurisdiction and the High Court Division in its writ jurisdiction and the High Court Division ..Category: Employment/Service Law | Date: | Hits: 80
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......rt Division by the impugned judgment and order dated 5.5.2003 allowed the appeal holding that in the instant case the trial held under the Ordinance 1983 by the learned Special Tribunal is without jurisdiction inasmuch as the alleged offence is triable by the normal criminal court and further th..Category: Procedural Law | Date: | Hits: 100
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......uit has been decreed and there is an appeal pending against the judgement, the Civil Court is in seisin of the subject matter on the question of title and possession, but the Magistrate assumed the jurisdiction under section 145 of the Code of Criminal Procedure inspite of the fact that the civi..Category: Criminal Law | Date: | Hits: 70
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......vision misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully complied with, inasmuch as the auction sale in question was wholly without jurisdiction as the learned Artha Rin Adalat could invite bids for sale of the property and hold au..Category: Civil Law | Date: | Hits: 94
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......rdian in contravention of the provision of the Rule 843(1)(2) of Civil Rules and Orders and Rule 4(4) of Order 32 of the Code of Civil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rights/ interests of ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......frustrate the claim of pre-emption of the defendant No. 11 for which he has already filed Miscellaneous Case No. 18 of 1992. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division discharged the Rule on the f..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......sand) is liable to be interfered with. The learned Counsel submitted that the learned Judge taking company matters, erred in law in misinterpreting and misconstruing the scope and extent of the power/jurisdiction vested in the Court under section 43 of the Companies Act, 1994, which has materially a..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... paper 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 un..Category: Property Law | Date: | Hits: 91
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......al as the appeal stood barred by limitation being not filed within 30 days from the date of judgment and order and there being no other legal remedy available to the petitioner, he invoked the jurisdiction under Section 561A of the Code. 4. He thereafter submits that the case b..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......motion. The Writ Petitioner made representation and the Board appointed an enquiry committee but since then nothing has been done. The writ petitioner then moved the High Court Division in its writ jurisdiction of Writ Petition No.133 of 1999 and obtained a rule which was subsequently made absol..Category: Employment/Service Law | Date: | Hits: 91
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......laintiffs title in the shop has been extinguished, that by purchase possession of the shop defendant has not got the title of the shop. 7. The defendant moved the High Court Division in revisional jurisdiction. The said Division made the rule absolute on the findings that the plaintiff received T..Category: Tenancy Law | Date: | Hits: 180
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