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Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......hment would be appropriate and in the circumstances the learned Magistrate clearly committed a gross error in recording a positive finding on a mixed question of fact and law, which was outside his jurisdiction. There is no dispute with regard to the principles laid down in the aforesaid cases. B..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....ollows:— "For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication of a legislative intent to deprive the High Court Division of its discretionary power to grant bail to an accused-respondent in an appeal against acquittal, be he in ......, prior to conviction, forms the subject of Chapter XXXIX and is partly covered by section 435, whereas the question of bail to convicted person in exercise of appellate jurisdiction and revisional jurisdiction is exhaustively dealt with in sections 426 and 435 of the Code respectively. It was fur..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......endant did was privileged Lord Esher, M.R. observed: "The rule of law is (hat, where there are judicial proceedings before a properly constituted judicial tribunal exercising its jurisdiction in open court, then the publication without malice of a fair and accurate report of w..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......pear from the following observations made by them: "We do not see how in such a proceeding we can adjudicate or for that matter the learned Subordinate Judge was within his jurisdiction to adjudicate merits of the mutation case. Whether notice was served or not is a ques..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......vate limited company and no service rules under any statute have been framed and as such the relationship between the appellant and the respondent is that of master and servant and accordingly writ jurisdiction could not be invoked to impugn the order of termination. 6. It is admitted that..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......rease the fares but the Ebbw Vale UDC objected on the ground that as the services provided by the Company were, in fact, provided by the British Transport Commission, the licensing authority had no jurisdiction to hear the application. The Court of Appeal held that the omnibus company had retaine..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......the society, etc. the dispute shall be referred to the Registrar for settlement of disputes in the manner as provided in section 87 of the Act. Section 133 of the Act completely ousts the jurisdiction of the civil court. It also provides that save as provided in this Act no Civil o..Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......not render the proceeding without jurisdiction inasmuch as a remedy has been provided by way of appeal and therefore the Civil Court cannot knock it out by holding it as having been made without jurisdiction in a collateral proceeding……..(12) No appeal was filed as provided ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to try the suit. On appeal the appellate Court below dismissed the appeal and affirmed..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......elopment Board, when such Board may again pass a necessary regular order as mentioned therein." Leave was granted to consider whether the direction set out above is beyond the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel app..Category: Employment/Service Law | Date: | Hits: 101
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......ith the property. 7. In the case of Abdul Jalil Ansari vs. Surendra Nath Basu, 21 D.L.R, 331, a Division Bench of the Dacca High Court considered a similar question, whether the probate court got jurisdiction to go into the question of testator's title. In that case the Will was executed by one ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ment of mutuality ;(iii) when a law was not ex facie discriminatory, the party challenging its constitutionality must show that it had been administered in an unjust, discriminatory manner; (iv) discretionary power was not necessarily discriminatory and abuse of discretion was not to be easily ......n because there can be little dispute about the proposition that where a statutory functionary acts mala fide or in a partial, unjust and oppressive manner, the High Court in the exercise of its writ jurisdiction has ample power to grant relief to the aggrieved party, and it seems to me to be equall..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... Tk. 600/- and above, under the administrative control of the Corporation. Consequently, the law of Master and Servant will not apply to him. Being in the service of the Corporation he can invoke the jurisdiction of the High Court Division under Article 102 of the Constitution in appropriate case. ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......owing a decision of the Supreme Court Bangladesh Appellate Division in the case of Halima Khatun vs. Bangladesh, 30 DLR (SC) 207 summarily rejected the writ petition in view of complete ouster of the jurisdiction of the Court by clause (6) (7) of M L.R. 4 of Marital Law Regulation No. 1 of 1975. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... The tribunal being empowered by law to deal with any member of the defense service or of any disciplined force, no remedy against the decision of such court or tribunal is available by invoking writ jurisdiction. So the High Court Division is incompetent to entertain an application under Article 10..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......lation 4 of M.L.R. 1 of 1975 provides that all proceedings of Summary Martial Law Court shall immediately after the determination thereof, be submitted to the Sessions Judge within whose jurisdiction the trials are held for review. Clause (5) of Regulation 4 provides that a Sessions Ju..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......itration Court. The Arbitration Court forwarded the record of the case to the Thana Magistrate recording that the appellant did not appear before the Arbitration Court, and as such it has no jurisdiction to make any order. The Thana Magistrate caused notices to be served on the parties, wh..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ower to extend time to comply with the above noted requirement and the application must be rejected. The other view is that the requirement of the proviso is directory and the power to extend time is discretionary. In an appropriate case the Court is competent to extend time. The third view is that ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
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