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Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......sapprove of the same, the finding on such issue was concurrent finding of fact and that the learned Single Judge of the High Court Division erred in law by interfering with such finding in revisional jurisdiction without any consideration of the evidence on record. 8. The short answer to this sub..Category: Property Law | Date: | Hits: 64
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......table pre-emption under section 96(4) of the Act he could file an application within 2 months from the said order. But he did not do so. InÂstead he moved the High Court Division in the reviÂsional jurisdiction. 11. It is unfortunate that the High Court DiviÂsion had devoted considerable time ..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......of the I.R.O. 3. The Corporation contended before the LaÂbour Court that under section 4 of the AdministraÂtive Tribunal Act, 1980 the Administrative Tribunal set up under that Act had exclusive jurisdiction to try the petitioner's grievance and his petition under secÂtion 34 of the I.R.O. was..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......notice under 5(3) or the acquisition proceeding in any way. Hence findings of the High Court Division that bar of the suit under section 14A of the Act has no application when a statutory act without jurisdiction or acts in a manner without following the procedure provide in the statute itself is no..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......Division, Part 1, Chapter 11, Rule 7 Rule 7 A revisional application challenging an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs...Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present ca......LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ...... The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of the Union Parishad (election) Rules, 1983 in directing re-election…â..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......s made, the proportionate value could not have been raised beyond the amount slated by the petitioners in their written objection. Surely the petitioners cannot assail the imÂpugned order as without jurisdiction. It was passed very much within jurisdiction. The abÂsence of any opportunity to the p..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......tances. In this view of the matter we would rather echo the words of the Chief Justice of Himachal Pradesh "However, the need for judicial intervention may not arise even in those cases where Court's jurisdiction is invoked, if the administration takes preventive, remedial and curative measures mean..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......tion Tribunal to the Additional District Judge in the absence of any such power in the Local Government (Union Parishad) Ordinance, 1983? Held: When the legislature confers a special or additional jurisdiction on a recognized Court it may lay down the manner in which it is to be exercised, but if..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....h Court DiviÂsion ought to have either remanded the case or examÂined the record himself for a decision as to alleged non-service of summons. He also submitted that inÂterference in revision being discretionary, the order of the Assistant Judge allowing the Misc. Case upon awarding cost ought not......the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......dent filed a title suit beÂing Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income Tax on June 29,1959 was illegal and without jurisdiction alleging, inter alia, that the Commissioner of Income Tax, East PakiÂstan was not the ..Category: Employment/Service Law | Date: | Hits: 80
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ...... Tazammul Hossain Vs. Purni Agarwalini 10 D. L. R. 318 and Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355 and Md. Habibullah Patwari Vs. Pran Ballav Bhakta & others 9 DLR 119 and some cases of Indian jurisdiction. In this case we need not reconsider those decisions. 10. After considering the more..Category: Property Law | Date: | Hits: 45
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ...... Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court Division erroneously interfered in writ jurisdiction. The appeal is allowed and the judgement and order of the High Court Division is set-as..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......wed in the Sub-continent ever since. It says, "There is in their opinion no foundation for the view, apparently supported by the judgments of some Courts in India, that the High Court has no power or jurisdiction to reverse an orÂder of acquittal on a matter of fact, except in cases in which the lo..Category: Criminal Law | Date: | Hits: 52
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......d as such the subsequent trial was without juÂrisdiction in view of section 403(1), Crl. P.C. This section is quoted below: "403. (1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such convict..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....the appellant to hold the office to see whether the disqualification alleged continued to render the appelÂlant an usurper to the office. In a quo warranto proÂceeding, the exercise of authority is discretionary and, among other things, the court takes into considÂeration the motive of the person......petition was maintainable and whether the High Court Division, in view of the background history of the disputed loan in question acted properly in deciding a disputed question of fact under the writ jurisdiction. 7. As regards the first ground, it may be stated that if the purpose of the writ pe..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ...... under which this Court is empowÂered to make order for transfer as prayed for, but he has referred to a case which was some time ago transferred by us from a court situated within the terÂritorial jurisdiction of one permanent Bench to that situated within the territorial jurisdiction of another ..Category: Procedural Law | Date: | Hits: 110
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......4. The appellant again moved the Sessions Judge but he rejected the motion and affirmed the order of the Magistrate on 27-5-74. Against this order the appellant moved the High Court in its revisional jurisdiction. The learned Judges of the High Court Division discharged the rule after hearing the pa..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......arbitrary, having nothing to do with any, administrative necessity or convenience and this order is in fact one of reduction in rank, status and salary and other amenities too withÂout any reason or jurisdiction whatsoever and that the respondent has not been given any opportunity of being heard or..Category: Employment/Service Law | Date: | Hits: 66
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