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Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ered with by any executive order without following the principles of natural justice and also whether the concurrent finding of facts could be interfered with by the High Court Division in revisional jurisdiction. 15. During the hearing of the appeals two eminent Counsels appeared for the conÂte..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......, his private or personal capacity but clearly indicates his office, that is, District Court of which he is the Presiding Judge. Court of District Judge is subject to both appellate and revisional jurisdiction of the High Court Division……(42) In exercising revisional powers under sec..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......er whether these conditions have been fulfilled by any individual. It is enough to notice that the assessment is to be made by the Administrator of Wakf Estate in Judicial manner (29 DLR page). Such jurisdiction exclusively conferred upon him by the law but his decision is not immune from challenge..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......) 158 a decree was amended by the trial Court under section 152 so as to bring the name of the applicant upon the decree as judgment debtor. It was contended that the learned Subordinate Judge had no jurisdiction to amend the final decree at this stage of the proceeding since ha was functus officio...Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......in the court of Munsif 2nd Court, Sadar, Chittagong, for a declaration that the sale of Noabad jote No. 5 held by the Collector on 24th June 1953 and sold to the defendant-respondent was done without jurisdiction and was, therefore, void, invalid and inoperative. The sale did neither confer any righ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......ing that both Exts. 1. and 3 are genuine docÂuments and were acted upon is a finding based on proper consideration of evidence and as such this finding was not open for re-opening in the re visional jurisdiction of the High Court Division. 9. Mr. Asrarul Hossain has laid considerÂable stress on..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......d or that the performance of a public duty was being claimed it is clear that a mandaÂmus could not have been issued conÂsistently with the relevant practice and precedent". 12. As to the Indian jurisdiction, the learned Additional Attorney General has refÂerred to the cases of Dr. S. L. Agarw..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......e) section 195 of the Code requiring a complaint from Court for cognizance inconsistent with any provisions of this Act, particularly section 4 which simply provides that the Special Judge shall have jurisdiction to take cognizance of any offence upon a complaint of facts constituting such offence o..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... make declaration.— (1) No person shall keep in his possesÂsion any press for the printing of books or papers, unless he has made and subscribed before the District MagisÂtrate within whose local jurisdiction such press may be a declaration in Form A. (2) As often as the place where printing ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... (SC) 550 and Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mal..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... Sub-section (b) reads as under: "(b) in an appeal from a conviction (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of compeÂtent jurisdiction subordinate to such Appellate Court or committed for trial, or (2) alter the finding, m..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......Companies Act precluded appeals from judgment and order made under the Act, except those which are made under sections 38 and 153(7) and 202 of the Act. It is submitted that in the absence of any law jurisdiction cannot be conferred for hearing an appeal by any authority. 10. Mr. Amirul Islam, le..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......d. Reliance was also placed in the decision of Abdul Quader ChowÂdhury and other Vs. The State, 28 DLR (AD) 38 and the passage quoted is as under: "A third category of cases in which the inherent jurisdiction of the High Court can be invoked may also arise, in Cases filling under this category t..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......etition shall be final. (4) Any person aggrieved by a decision of the Election Tribunal may, within thirty days of the announce of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in disÂpute was held; and the decision of the District Judge on such appe..Category: Election Law | Date: | Hits: 152
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......he Code. So the decision of the learned Judges of the High Court Division on appeal should be treated as one on a second appeal. 10. Mr. Rafiqul Huq referring to some cases on a question of jurisdiction of the High Court in entertaining a second appeal submitted that the High Court Divis..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......9th April, 1973 before the High Court Division which held that the said stuff Circular which purported to have taken away their seniority, which they had under the Stuff Circular of 1960, was without jurisdiction and of no legal effect, and pass an order canceling the said circular and the seniority..Category: Employment/Service Law | Date: | Hits: 87
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......ll be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the AppeÂllate Division and the High Court Division. 103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High..Category: Constitutional Law | Date: | Hits: 148
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... grounds of detention. 2. Leave prayed for was granted to consider the question whether in an application filed under Article 102 (2)(b) of the Constitution the High Court Division has jurisdiction to grant bail to A person against whom an order of detention was passed, during, the p..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......aw and he may also restore the party, which has been forcibly and wrongfully dispossessed, to the possession of the property. 7. It will appear from what have been stated above that the jurisdiction to attach the subject of dispute under sub-section (1) of section 146 of the Code aris..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......Appeal against the judgment of the High Court. 2. Mr. Abdul Hamid appearing on behalf of the petitioner contended that the conviction and sentence passed against the petitioner were without jurisdiction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section ..Category: Criminal Law | Date: | Hits: 44
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