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Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ...... Exercise of inherent power must, of necessity, follow the filing of a suit or proceeding and not precede the same. To do that will be to put the cart before the house. 9. A Court must have jurisdiction over the proceeding before it can exercise any inherent power. And there will be no tw..Category: Civil Law | Date: | Hits: 119
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... submission that the High Court Division had acted beyond its competence in issuing the direction inasmuch as the Rule was not issued in the said terms and the High Court has acted in excess of the jurisdiction vested in it under the writ jurisdiction in creating the new post of ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...... 1979 the court of appeal dismissed the appeal and thereby affirmed the judgment and decree passed by the trial court. Being aggrieved the defendant No.1 move the High Court Division in revisional jurisdiction and the High Court Division discharged the Rule. Leave was granted on the foll..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......ack the case with the observations as stated hereinbefore to the trial Court. As against the order of remand passed by the appellate Court the plaintiff moved the High Court Division in revisional jurisdiction and obtained Rule. 5. The High Court Division upon observing that as the appell..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......titioners under law (under Ordinance of 1961) cannot be denied on the ground of acquiescence in the case as the action of the appellant itself is illegal and for patent want of legal jurisdiction such action cannot stand in the eye of law. 25. In such view of the matter on ..Category: Property Law | Date: | Hits: 32
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......in was the korfa tenant. On the aforesaid findings the appellate court set aside the judgment of the trial Court. 7. The plaintiff then moved the High Court Division in revisional jurisdiction and obtained Rule in civil revision number as mentioned hereinbefore. 8. The Hi..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......e power under Ordinance of 1965 and that he was in fact exercising the power of the Government and that the proceeding initiated against him on the face of it being malafide and without jurisdiction he had to take shelter of the writ jurisdiction of the High Court Division, More so, a..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ...... by the Gazette Notification dated 19.5.1999. Being aggrieved the respondent filed appeal before the appropriate customs authority but since there was no response the respondent had to invoke writ jurisdiction. The writ petitioner respondent in Civil Appeal No. 134 of 2002 filed Writ Petition No..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......absolute. 4. Leave was granted to consider the submissions that the learned Single Judge of the High Court Division acted wrongly in exercise of his revisional jurisdiction in setting aside the judgment of the court of appeal below without reversing the findi..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... law in not rejecting the plaint although that was the precise submission made before it and the further submission that the High Court Division acting as an appellate court failed to exercise its jurisdiction under Order VII Rule 11 C.P.C. which was specifically invoked by the defendant-appella..Category: Employment/Service Law | Date: | Hits: 76
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... are absent and as such the instant suit is not barred by res-judicata. 6. The appellant as against the order of the Court of Joint District Judge moved the High Court Division in revisional jurisdiction and obtained Rule in Civil Revision No. 2385 of 2001 and the High Court Division dispo..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......e judgment and decree of the trial Court and decreed the suit. 5. The defendant Nos. 1-3 as against the judgment and decree of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division by the judgment and order as mentioned ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......e Judge of the High Court Division acted illegally and wrongly in setting aside those findings of facts when there was no error of law or procedure calling for any interference in exercise of jurisdiction under section 100 of the Code of Civil Procedure. 5. We have heard Mr. Shaheed ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......the Labour Court rejecting an application of the Registrar under section 19(2) of the I.R.O. and, (2) there having been no remedy under the I.R.O. the petitioner was entitled to invoke the writ jurisdiction because the impugned judgment of the labour court directly caused hurt to the petitio..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......s in Annexure-D to the writ petition impugning which the writ petition was filed. It has been contended on behalf of the appellant that the action proposed for eviction of the appellant was without jurisdiction since process of eviction of the appellant from the property in question should have ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......e parties allowed the application filed under Order 1, Rule 10(2) of the Code of Civil Procedure by the Respondent Nos. 1 and 2. Thereupon the appellant moved the High Court Division in revisional jurisdiction. The High Court Division summarily rejected the revisional application. 7. Leav..Category: Banking Law | Date: | Hits: 129
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ...... the land in suit he is entitled to have a decree for recovery of khas possession upon evicting the defendant Nos. 1-6. 8. The defendant Nos. 1-6 moved the High Court Division in revisional jurisdiction against the judgment and decree of the appellate Court. The High Court Division made ..Category: Property Law | Date: | Hits: 48
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ers Participation) Act, 1968 and not under section 34 of the Industrial Relations Ordinance. In that view of the matter, both the Labour Court as well as the High Court Division acted in excess of jurisdiction in entertaining the case of respondent workers and making a direction in the impugned ..Category: Labour and Industrial Law | Date: | Hits: 95
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......eeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta in favour of Ramesh Chandra Barman, the defendant in the above suit, is illegal, fraudulent, void, without jurisdiction and not binding upon him and also praying for an order of permanent injunction restrain..
Category: Civil Law | Date: | Hits: 111
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... 2006 stayed the operation of the order passed by the 1st Court of Joint District Judge, Dhaka. 5. The plaintiff of the Title Suit No. 220 of 2006 moved the High Court Division in revisional jurisdiction as against the order dated August 28, 2006. 6. The Hig..Category: Property Law | Date: | Hits: 31
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