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Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......assertion that the Appellants had no property or asset to the knowledge of the Respondent except the said lighterage vessel and that they had removed their ship from the Chittagong Port i.e. from the jurisdiction of the Court of Chittagong and failed to furnish guarantee promised by them. The Respon..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......ion for pre-emption. Leave was granted to consider whether the High Court in the exercise of its power under section 115 of the Code of Civil Procedure acted on correct principle in the exÂercise of jurisdiction in disturbing the appellate court’s finding of fact that the appellant is a co-sharer..Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......legal and mala fide and pursuant to such findings, directed her reinstatement in her forÂmer post with full back wages and contiÂnuity in service. The petitioner having moved the High Court in writ jurisdiction against the said order of the Labour Court, the High Court has summarily rejected the P..Category: Labour and Industrial Law | Date: | Hits: 77
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......ertained and its non-fulfillment renders the application liable to be dismissed; and that in the absence of any power to extend the time stipulated in the Act, the order is wholly illegal and without jurisdiction and cannot be sustained. The learned Counsel further submits the pre-emptors were entit..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......s the offence triable by a special forum, cannot oust the inherent power of the High Court under section 561A of the Code for securing ends of justice. The learned Judges further observed “that the jurisdiction under section 561A exercised by the High Court in exercise of its Inherent power not on..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......such was not available in Court of India but the provision of section 491 of the Code of Criminal Procedure, which empowers a High Court to direct a person within the limits of its appellate criminal jurisdiction to be brought up before it to be dealt with according to law and to set the person, ill..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......that the contradiction in the statement of a witÂness, either with his own statement or with the statement of another witness, is a task of appreciation of the evidence and therefore, it is with the jurisdiction of the trial Court and the Court of appeal on fact, to deal with the question. No doubt..Category: Criminal Law | Date: | Hits: 41
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......e to pay Rs. 21,542/- in part payment of the provisional demand, which amounted to Rs. 34,572/-. Having failed to obtain redress from the Income Tax authorities, he moved the Dacca High Court in writ jurisdiction. The High Court took the view, that the Respondent had never made a "return" of his inc..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......4 S.A.P.K. of 1980/81 and subsequent passing of the order dated 29.12.1993 passed by the defendant No.1 in respect of the plaintiffs' permanent settlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an ab..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......illegality by not signing the second contract dated 13.12.1989 and consequently termination of his service for not signing the second contract was illegal, void, incompetent, collusive and without jurisdiction. The High Court Division further held that the relationship between the plaintif..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......as it is evident from letter dated 21.12.1991; the Administrative Appellate Tribunal illegally held that the learned Member of the Administrative Tribunal was right in holding that it had no jurisdiction to scrutinize the order of dismissal of the petitioner as he was dismissed from servic..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......3.4.1955 and as such the Title Suit No. 460 of 1981 being barred under the Forest Act the High Court Division was in error in not holding that the decree in Title Suit No. 860 of 1981 was without jurisdiction and finally that the High Court Division was in error in interfering with the finding o..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......dent's writ-petition committed an error of law resulting in an error in the decision causing failure of justice. 10. Learned Counsel further contended that High Court Division acted without jurisdiction in entertaining the writ-petition itself despite there being decisions of this Court t..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......g on her. 7. As against the judgment and decree of the trial Court, the plaintiff went on appeal but without any success. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 8. The High Court Division made the Rule absolute on the..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......rt and the other materials already on record as well as in the light of the observations made by the appellate Court. 9. The plaintiff then moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute upon observing t..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......t the other provisions of the Constitution have been made to facilitate and not to hinder but to realise the ends and objects of the fundamental principles of State policy. A question arose in Indian jurisdiction in the case of Madras vs Chamapakan Domiragan reported in AIR 1951 SC 226 as to whether..Category: Constitutional Law | Date: | Hits: 221
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......€¦â€¦...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....the deed, then it is difficult to consider the assertion that Abdur Rashid became ill after execution of deed as correct. 13. A decree in a suit for specific performance of contract is discretionary one and, as such, where the case of the plaintiff appears to be not genuine or, in ot......l application summarily upon misreading and misappreciation of evidence though plaintiff proved his case by the evidence of witnesses, that the High Court Division failed to exercise its revisional jurisdiction in not holding that the appellate Court misread and mis-appreciated the evidence of PW..Category: Property Law | Date: | Hits: 26
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......pellant filed a petition for review/reconsideration of the order passed in the appeal but he did not have the desired result. The appellant challenged his order of compulsory retirement in the writ jurisdiction of the High Court Division primarily contending that proceeding against him was not co..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......principal defendants (respondents) will not see truth except upon a decision from the Court. The cause of action has arisen on 12-6-76, 23-7-76 and 13-9-76 as stated hereinabove within PS Ramna and jurisdiction of the Court. Hence the suit for simple declaration that the property in schedule belo..Category: Procedural Law | Date: | Hits: 93
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