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Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......tioner as against the order dated 16th August 1993 rejecting his application filed under section 10 read with section 151 of the Code of Civil Procedure moved the High Court Division in revisional jurisdiction and obtained the Rule as mentioned herein above. The High Court Division after final h..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......aw in passing the judgment and decree and as such no interference is called for. As against the judgment and decree of the appellate Court the defendants moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the findings that t..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... device to side track a proper and legal process obviously to ignore the order of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any or..Category: Trust/Waqf Law | Date: | Hits: 190
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......in the 263rd meeting recommending promotion of the respondents and so the petitioners are legally bound to implement the same and the so called condition of vetting by the Chairman was without jurisdiction and as such the order passed by the High Court Division does not suffer from any ille..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
.... the plaint. This is a glaring example of non-application of mind to the facts of the case by the learned Judges of the High Court Division. 9. Amendment of a plaint can be allowed in the discretionary power of the Court and such discretion is required to be exercised judicially and not...... can be allowed in the discretionary power of the Court and such discretion is required to be exercised judicially and not in an arbitrary or perfunctory manner amounting to an illegal exercise of jurisdiction. An amendment to the plaint must not be allowed if it tends to change the character of..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved he is entitled to get land partitioned through court. A co-..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ka & another.......Respondents Judgment February 5, 2007. The Code of Civil Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure where an alternative rem..Category: Civil Law | Date: | Hits: 115
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ember 1, 1998 granted lease of Balumohal to the respondent No. 4 Shamirn Ahmed for the year 1405 BS. 4. As against the said action the appellant moved the High Court Division in writ jurisdiction impleading the respondents and obtained the Rule. 5. The Rule was opposed..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke revisional jurisdiction of the civil court including the High Court Division under section115 of the Code of C..Category: Banking Law | Date: | Hits: 157
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ...... from the 3rd group in terms of Waqf deed and in accordance with the judgment and order dated 07.05.2001 of the Appellate Division in Civil Petition Nos.257 and 517 of 2001 and acted without jurisdiction directing the Administrator of Waqfs to appoint M. Rafiul Karim as Mutwali from the Fi..Category: Trust/Waqf Law | Date: | Hits: 199
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......ated June 13, 2005 of a Single Bench of the High Court Division in Criminal Revision No. 656 (Con)of 2005 discharging the same. 2. The petitioner moved the High Court Division in revisional jurisdiction against the judgment and order dated May 14, 2000 of the Court of Metropolitan Sessio..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......nate directors were not automatically re-appointed. 5. The learned Company Judge rejected the application with direction:- "that the Companies Act specifically provided the jurisdiction of the Company Court to be applied under specific provisions the Court does not have ..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......se of Khurshid Ali vs. Noorjahan Bewa 1 MLR (AD) 210 it has been held that the findings of fact arrived at on proper consideration of evidence by the trial Court cannot be interfered in revisional jurisdiction unless the same is found absolutely perverse. In the present case the High Court ..Category: Property Law | Date: | Hits: 41
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......rt Division upon hearing made the Rule absolute and directed for release of the land as prayed for. 5. Leave was granted to consider the submission that the High Court Division acted beyond its jurisdiction in directing release of the aforesaid property when the same had already stood acquired..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......he Executive Committee of a unit was done away with and the Sub divisional Magistrate was made the ex-Officio Chairman. On 23.2.1985 by Ordinance No. IX of 1985 the Deputy Commissioner within whose jurisdiction a Unit was constituted was made the Ex-Officio Chairman of the Executive Committee of s..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......he election law is such that no dispute as to election can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held..Category: Election Law | Date: | Hits: 173
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ed on merits. In the case reported in 1969 SCMR 283 the High Court dealt with the question of the title, of the petitioner. The Supreme Court held the question of title should not be gone into writ jurisdiction of the High Court and the proper remedy of an aggrieved party in a case involving a que..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....he learned Counsel for the petitioner in assailing the judgment of the High Court Division submitted that the said Division without noticing the fact that the lower appellate court exercised its discretionary jurisdiction in condoning the delay without having sufficient facts and thus was in......e prayer for condonation of delay and thereupon passed the order for registration of the appeal. As against the order of the appellate. Court the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 5. The High Court Division on consideration of the facts p..Category: Limitation Law | Date: | Hits: 205
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......n the ground that the petitioner was a person in the service of the Republic and consequently his remedy laid before the Administrative Tribunal and not before the High Court Division in writ jurisdiction. Accordingly, the High Court Division did not enter into merit of the matter. 8..Category: Employment/Service Law | Date: | Hits: 84
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......ng the accepted principle it is for the authority to make decision as regard the matter of promotion of a particular employee like Respondent No.2 and as such the Court would not be within its jurisdiction in making direction to an authority to promote a particular employee and thereby ..Category: Employment/Service Law | Date: | Hits: 54
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