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Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... the essential limb of the judiciary namely, of the Supreme Court of Bangladesh by setting up rival courts to the High Court Division in the name of Permanent Benches conferring full jurisdictions, powers and functions of the High Court Division………………(293, 295 &..Category: Constitutional Law | Date: | Hits: 1934
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......that on the expiry of the period of the Agreement of Lease dated 1.9.78 the appellant has become a tenant by holding over, relied upon a number of decisions including some decisions from the Indian jurisdiction. In some of these cases tenancy was created by registered instruments and in some cases..Category: Property Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the plaintiff and for permanent injunction restrainin..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... for example, the right of a justice of the peace membership on a town board. Mozlery & Whiteley's Law Dictionary, 9th Edition page f 26 defines Ex-officio: By virtue of an office. Any prerogative or jurisdiction which a person in office has, by virtue of that office, he is said to exercise ex o..Category: Election Law | Date: | Hits: 128
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......h a judgment operates as res Judicata under s. 11 Civil P.C. Under section 41 a final judgment, order or decree of a competent court in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, is not only relevant but also is conclusive both against the parties thereto as well a..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....iples it is clear a writ court will not enter into such controversy. (ii) Under rule 70 read with Section 24 of the Ordinance the Election Commission has been vested with plenary, supervisory and discretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and ......ain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is bes..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......ce on 16th May, 1977 but he filed the suit on 21st April, 1984 after the expiry of more than six years, and whether the High Court Division erred in law in not considering that the Civil Court had no jurisdiction to entertain the suit in view of Art. 117(2) of the Constitution of the People's Republ..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......in the impugned order itself or by way of any affidavit that such order was necessary for the preservation of the public peace. He also submitted that not only the Deputy Commissioner acted without jurisdiction but the order was also mala fide in that the petitioner had agreed to shift his shop to..Category: Others | Date: | Hits: 125
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......om and propriety of the Legislature in not providing a disqualification similarly to the impeached one in the case of the members of the Parliament. Wisdom and propriety are non-issues in the statute jurisdiction of this Court. When the constitutionality of a statute is challenged the members of the..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... Zakir Hossain on the basis of Ext. 4 series. The learned Judge further observed in his judgment that the findings of fact made by the learned S.C.C. Judge were not challenged before him although the jurisdiction to decide the suit was challenged. 8. It is evident from the impugned judgment that..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......he defendant-appellant No. 2 reverting the plaintiff to the post of Assistant Secretary from that of the Deputy Secretary of the Bangladesh Sericulture Board, Rajshahi was illegal, void and without jurisdiction and he was still the Deputy Secretary of the said Board. The plaintiff prayed for an or..Category: Employment/Service Law | Date: | Hits: 89
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......laintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Judge of the High Court Division plainly exceeded his jurisdiction under section 100 C.P.C. and unnecessarily interfered with the decision of the lower ap..Category: Property Law | Date: | Hits: 46
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t Division under section 411 of the Code of Criminal Procedure………………………..(10 & 11) When the Labour Court exercise its jurisdiction for trial of offences under the Labour law, it does so as a Magistrate of the 1st Clas..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......erstood that mere consent of the parties cannot override the express provisions of a statute which is mandatory in nature in the same manner as no court can by consent of the parties, assume jurisdiction which is not otherwise vested in it by law." 9. It was furth..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.................... Respondents Judgment February 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. The Court is not bound to grant such relief merely because it is lawfu......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ...... the company continued as before which is that of master and servant, for which no action for declaration or illegality of the order of dismissal from service in a Civil Court or in the Writ jurisdiction of the High Court Division could be brought. The remedy in a proper case is one for d..Category: Employment/Service Law | Date: | Hits: 92
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....xamining the process server in Court are mandatory under rule 19 of Order V of the Civil Procedure Code, but the learned Judges of the High Court Division erroneously held that these provisions are discretionary. On this point the learned Advocate is not found to be correct. The learned Judges hav......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......rom time immemorial. In the Conciliation Court Ordinance, 1961, section 3 provides for the certain offences referable to the Conciliation Court and ''no Civil or Criminal Court shall have jurisdiction to try any such case and even cases falling under Part II of the Schedule may be so re..Category: Property Law | Date: | Hits: 42
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... expenses supported by vouchers but also whether all the disbursements and payments are properly made in respect of the estate. In Hooper vs. Winston the contention of the receiver that he had some discretionary power was negatived and it was held— "We hold, being an......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......loyment of Labour (S.O) Act, 1965 (8 of 1965) Section 25 The Industrial Relations Ordinance, 1969 (23 of 1969) Section 35 Interpretation of Statute When the law has conferred jurisdiction expressly, no amount of consent by the parties invests a Court with jurisdiction which..Category: Labour and Industrial Law | Date: | Hits: 115
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