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Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......bordinate Judge, Dhaka accepted his contention, allowed the appeal and on reversing the trial Court's decision decreed the suit holding that the order of transfer was invalid as th Corporation got no jurisdiction, power or authority to make such an order of transfer. This decision has been upheld by..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......by the trial court must be obviously and grossly perverse. It is true that another court holding a trial may have taken another view of the facts and evidence on record. This court in exercise of its jurisdiction under section 439 Cr.P.C. cannot make a reappraisal of the evidence on record and conÂ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ...... on him according to law ; (b) in an appeal from a conviction, (1) reÂverse the finding and sentence, and acquit or disÂcharge the accused or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate Court or (sent) for trial, or (2) alter the finding, ma..Category: Criminal Law | Date: | Hits: 55
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......he facts of the case it will be less than charitable to attribute to the appellants that they were "fugitive from law". There was nothing in their conduct to show that they were running away from the jurisdiction of the court or avoiding its process. Since, however, the appellants were not covered b..Category: Criminal Law | Date: | Hits: 97
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......t any time during the polling and as such there was no scope for the ElecÂtion Commission to interfere or to direct fresh elecÂtion. The order for re-election, it is contended, is therefore without jurisdiction. The High Court DiviÂsion did not go into the merit of the case but disÂposed of it o..Category: Election Law | Date: | Hits: 126
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......als) Judgment May 18, 1986. Civil Appeal Nos. 10, 11 & 12 of 1986 The Constitution of Bangladesh, 1972, Article 102 Contractual right, based on the licence, is not amenable to the writ jurisdiction of the High Court. The appellants have failed to point out any violation of any statuto..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ...... as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are ilÂlegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The disputed land appertaining to..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ...... 17 August 1983, set aside the Sessions Judge's order and quashed the proceeding of the C.R. Case observing that when the Magistrate dismissed the complaint the Sessions Judge, as a court of original jurisdiction, had no power to directÂly entertain such a case for trial "unless the accused has bee..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ble of both the constructions as discussed above and as such it is to be seen which is in accord with the intension of the Legislature". Section 195 (1)(c) purposely puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person unde..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......d the occasion of tracing the Appellate Criminal Jurisdiction of superiÂor courts and came to the conclusion that the deciÂsions of the Privy Council or the Federal Court cirÂcumscribing their own jurisdiction by self imposed restrictions in matter of criminal appeal had no manÂner of applicatio..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......ellants; but this alternative forum not being gone through, the Writ petitions are not maintainable, he has contended. We do not think that there is any substance in this contention, for, if the writ jurisdiction is sought to be invoked raising pureÂly a question of law or interpretation of statute..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......y forest produce and to deal with the same, and Whereas the Forest Settlement Officers have completed their record in respect of the arÂeas comprised in the cadastral plots of mouzas Retail jurisdiction list No. 195, Ajgana, jurisdicÂtion list No. 198, Chiteswari, Jurisdiction list No.2..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections 439A (2) and 439(4) of the Code of Criminal Procedure. The constitutional mandate is that a writ jurisdiction can be invoked if the High Court Division is satisfied "that no other equally efficacio..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......as reÂlied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent has contended that the trial court which had passed the ex parte decree got ample jurisdiction to reverse it if it was satisfied on consideration of the application of the defendant ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......o be made according to direction therein. No declaration that the suit land is not liable to be assessed under any proviÂsion of the State Acquisition and Tenancy Act, 1950 as being illegal, without jurisdiction, null and void nor any declaration that the plaintiff is not liable for the period, 136..Category: Property Law | Date: | Hits: 47
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......ellant learnt that the license of his revolver and the weapon confiscated by government
4. This notice was challenged in the aforesaid writ petition alleging that the order was illegal and without jurisdiction and further that; it was made malafide having been obtained by respondent No. 4 by exer..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......at he does not dispute the authority and juÂrisdiction of the Election Tribunal to take recourse to recounting of ballots in a proper case. Indeed it is too late in the day to lake exception to such jurisdiction of the Election Tribunal after all the pronouncements made by this court which have bee..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......as set up "to enquire into the alleÂgation brought against him and misappropriation of fund for 1984-85 and 1985-86" and further it was mentioned" it was found that the petitioner No.1 acted without jurisdiction and misappropriated huge fund." In paragraph 19 it has mentioned "a series of allegatio..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......bal "Chandra Modak V. Gostha Behari Das, 60 CWN 829 a Division Bench of the Calcutta High Court observed :- "When an application under section 4 of the Partition Act comes up for consideration the jurisdiction of the Court is limited to questions relating to the rights of the co-sharers of the or..Category: Property Law | Date: | Hits: 45
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ...... relevant point. As Lord Atkinson pointed out in his speech in 1928 AC 143 (at P. 164) "An Act of parliament does not alter the law by merely betraying an erroneous opinion of it." In American jurisdiction it has been said: "We are not limited to the lifeless words of the statute and forma..Category: Immigration and Citizenship Law | Date: | Hits: 214
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