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Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......f money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill sin the plaintiff..Category: Civil Law | Date: | Hits: 95
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......he High Court Division's judgment particularly referring to these suspicious circumstances surrounding execution of the will and has sought support from, a number of decisions from Indian jurisdiction particularly in the cases of Smt. Jaswant Kaur V. Smt. Amrit Kaur and others, AIR 197..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......l perform the same duty as those respectively conferred and imposed by order under this Code or the Court from which the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6)..Category: Others | Date: | Hits: 93
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......hers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh Appellate Division and High Court Division The High Court Division has no jurisdiction to deal with matters which lie within the jurisdiction of the Appellate Division. Legal..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....e case does not establish the necessity for appointment of a receiver. Such appointment may be made if it is considered just and convenient. Relief by way of appointment of a receiver is discretionary with the Court. Appointment of a receiver cannot be claimed as a matter of course. Wi......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......hat the finding that the landlords bonafide required the shop-room is a finding of fact which cannot be gone into on a revisional application. Dr. Hossain contends that the revisional court has got jurisdiction to see whether the finding as to bonafide requirement has been based on proper consid..Category: Tenancy Law | Date: | Hits: 111
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......section 8 of the Maritime Convention Act, 1911 within which a proceeding is to be commenced can be extended further by the Court in accordance with the Rules of the Court. Under the Admiralty jurisdiction there are no Rules for filing any formal application for extension of time beyond two ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ing contained elsewhere in this Act, file an application along with necessary requisites, for the purpose of correcting mistakes in, such record-of-rights in the civil court which would have jurisdiction to entertain a suit for possession of the land to which such entry relates or in..Category: Property Law | Date: | Hits: 28
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... considered by the Court trying the accused; the Magistrate taking cognizance on the basis of an enquiry under section 202 is not empowered to take this matter into consideration. At this stage his jurisdiction is limited, to ascertaining the truth or otherwise of the allegation. In this case,..Category: Criminal Law | Date: | Hits: 79
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......order of ad interim injunction was not known or communicated to the Magistrate when he passed the order drawing up proceeding under section 145 Cr.P.C. and as such the impugned order is not without jurisdiction, more so when he kept the matter open for consideration at the time of hearing of the ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......he High Court Division erroneously refused to interfere with the order of the Sessions Judge on misconception of the provision of section 439 CrPC holding that the High Court Division in revisional jurisdiction cannot interfere with the finding of facts by the Court of appeal below. 9. Under..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... learned Judges took the view that when the plaintiff claimed Tk. 5000/- in the suit, he consciously relinquished his claim exceeding this amount and thereby brought the claim within the pecuniary jurisdiction of the Court of Munsif and that because of this relinquishment of claim he is debarred..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......e is no proceeding that maybe quashed under section 561A Cr.P.C. Process is issued only after taking of cognizance. In the 28 DLR case, this court considered as to when and under what circumstances jurisdiction under section 561A should be exercised and it was held that interference can be made ev..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......il Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any a..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......t Judge's order. But at the out-set lawyers of both the parties made a common submission before the learned Single Judge of the High Court Division conceding that the Additional District Judge had no jurisdiction to entertain the revisional application against the Subordinate Judge's order in appeal..Category: Property Law | Date: | Hits: 122
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......sp; Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether the High Court Division exceeded its revisional jurisdiction under section 25 of the Small Cause Courts Act III reversing the findings of fact arri..Category: Property Law | Date: | Hits: 30
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... it is to be done by the trial Court. When a matter is sent back and the superior Court in its discretion directs that the parties be given an even opportunity to place their respective cases such discretionary order should not ordinarily be interfered with unless it causes a serious prejudice t......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......s issued to show cause why the said judgment shall not be quashed or set aside "on the finding that the proceeding under section 145 of the Code, in the said P Case N 383 of 1987, was without jurisdiction" and also why status quo as prevalent on 5.10.87 should not be restored. The Rule..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......es that the ADC (Rev.) may, with the previous approval of the Government transfer or otherwise dispose of any vested property either by himself or through the Sub‑divisional Officer in whose jurisdiction the property is situated. These are the provisions upon which the High Court Division ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......he defendant-Government-appellant contends in this appeal by special leave that the suit which was decreed by a Division Bench of the High Court Division, Comilla Bench in the first appellate jurisdiction upon setting aside the judgment and decree of the Trial Court dismissing the suit, is ..Category: Property Law | Date: | Hits: 28
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