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Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......aration of the character or status, which under the circumstances is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitution is not the proper jurisdiction and accordingly t..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......dgment of the Family Court and the defendant was directed to give the minor to the custody of the father. Thereupon the defendant, herein the appellant, moved the High Court Division in revisional jurisdiction and obtained the Rule. It appears that revisional application was filed without furnis..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......lly argued that the respondent's writ petition is maintainable in as much as those Notifications have been made under a statute having the force of law and the Administrative Tribunal does not have jurisdiction in respect of disputed matter herein. 10. Mr. Islam has next argued that the a..Category: Employment/Service Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ...... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......d that the award was filed by the sole Arbitrator. As against the order of the trial court rejecting the prayer for withdrawal of the suit the Respondent moved the High Court Division in revisional jurisdiction and obtained the Rule. 3. The High Court Division made the Rule absolute on th..Category: Alternative Dispute Resolution | Date: | Hits: 222
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......her allottees and as such writ petitioners i.e. Respondent in the respective leave petitions have no locus standi to challenge the order of cancellation and to move the High Court Division in writ jurisdiction seeking declaration that the action of the authority is without jurisdiction. It was a..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......the suit. On appeal in Other Class Appeal No.21 of 1992, the appellate court allowed the appeal and decreed the suit. Being aggrieved, the defendant No.3 moved the High Court Division in revisional jurisdiction and obtained the Rule which after hearing was made absolute. 6. We have hea..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
.... for the Court of Subordinate Judge to place reliance on the submission made from the side of the defendant-petitioners in support of the prayer for setting aside the ex parte decree, that there is total absence of finding that summonses were not served upon the defendants or the defendants were......e Court of Subordinate Judge to place reliance on the submission made from the side of the defendant-petitioners in support of the prayer for setting aside the ex parte decree, that there is total absence of finding that summonses were not served upon the defendants or the defendants were preven......before the Court, on the finding that for ends of justice the ex parte decree needs to be set aside. 5. Thereupon the plaintiff-Respondents would moved the High Court Division in revisional jurisdiction. The High Court Division set aside the impugned order of the lower Court on th..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... submitted representations on 16.9.1996 and 21.9.1996 to respondent No.2 praying for making promotions and postings as per seniority. The departmental promotion committee headed by respondent No.2 in total defiance of laws, rules and the representations held a meeting dated 11.12.1996 under not...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......e 3A of Rule 5 and Sub-Rule 2 of Rule 8 of the Bangladesh Civil Service (Examination and Promotion) Rules, 1986 and they challenged the vires of the Rules as a camouflage to invoke the extra ordinary jurisdiction of the High Court Division conferred upon it under Article 102 of the Constitution. It ..Category: Employment/Service Law | Date: | Hits: 133
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....to private negotiation and agreed to sell the mortgaged property to the petitioner at a consideration of Tk.11,75,000/- in 1990 and accordingly the petitioner paid 10% on account of advance out of total consideration money by S.D.R. No.436756 dated 26.07.1999 but the bank, the respondent No.2 di......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......observing, inter alia, that there is no scope for private negotiation in mortgage execution case. 4. Challenging the aforesaid order the petitioner moved the High Court Division in its writ jurisdiction in Writ Petition No.4853 of 2002. A Division bench of the High Court Division by the i..Category: Banking Law | Date: | Hits: 90
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ...... admitted position is that the petition under Article 102(2) of the Constitution was filed impugning legality of the decree of the Artha Rin Adalat on the contention that the same was passed in the absence of sufficient evidence and also making contention as to the genuineness of the documents on...... the contention making which the writ petition was filed became seriously contentious and consequent thereupon the adjudication of the said contentions was quite beyond the jurisdiction of the writ Court which dispose of the matter before it on affidavit evidence. Moreove..Category: Civil Law | Date: | Hits: 73
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and othÂers, 2008, 37 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ......on Parishad and in due course, the Sub-Divisional Officer (S.D.O.), Sadar North, Comilla was intimated about the above appointment of the petitioner as Nikah Registrar in respect of the territorial jurisdiction of the above Union Parishad and that after coming into force of the Muslim Marr..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....es fell in the saham of the plaintiff and the defendant ultimately attorned the plaintiff as his landlord in respect of the shop premises being shop Nos.3 and 4 at monthly rental of 300+300=600.00 in total and paid monthly rents to the plaintiff for the month of January and February, 1998 but stoppe......nt and the tenant rushed to the House Rent Controller and made the deposit in House Rent Case No. 7 of 1994 and so it cannot be held that the tenant was not willing to pay the monthly rent and in the absence of any evidence that the tenant was not willing to pay the rent to the full extent allowable......of the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....A.C. Market, at 164, Sonargaon Road, Dhaka stating that he, in the year 1987, took lease of the above 5(five) shops from the defendant petitioner on payment of salami of Tk. 50,000/- for each shop, total being of Tk. 2,50,000/-, with the right of transfer of possession of those on payment of tran......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ..Category: Alternative Dispute Resolution | Date: | Hits: 192
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....ding that the withdrawal of catalogue No.94 from tender sale No. 10/97 was under some mistaken impression that the earlier sale of the goods to the appellant was approved. Such observation is totally misconceived and imaginary. That it is stated that in view of the offer of the appellant to...... contention of the added respondent No.6 on the basis of Annexure-X; withheldment of the last page of the list amounts to fraudulent suppression of the correct position of tender. That in the absence of any affidavit from the respondent No.1 regarding the withdrawal of the goods from t......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....osite parties by a letter dated 22.9.2005 asked the petitioner to deposit Tk. 1,58,00,000/- (Taka one crore fifty eight lac) only in settlement of its liabilities, which is much more than the total decretal amount and respondent-opposite could not have unilaterally increased the amount of t......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......; This Case is also Reported in: V ADC (2008) 768. ......d that the pre-emptor is a co-sharer but his prayer for pre-emption is barred by limitation and thereupon dismissed the appeal. 6. The pre-emptor moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence, particula..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....t. It is the case of the plaintiff that the defendant Nos.1 and 2 own the land in suit and they entered into an agreement for sale on September 23, 1974 upon accepting Tk. 15,000/- out of the total consideration of Tk. 31,000/-, that said defendants executed the deed of agreement, that......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......t the time of execution of the bainapatra and that the defendants received the major part of the consideration money. Thereupon the contesting defendants moved the High Court Division in revisional jurisdiction. 5. The High Court Division concurred with the findings and decisions of the Co..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......cquiring title by adverse possession in the land in suit, that the plaintiffs have no right, title and interest in the land in suit. 9. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the materials on record ..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ...... dismissed the suit on the ground of maintainability since the possession through Title Execution Case No. 10 of 1989 was delivered to the plaintiffs of Title Suit No. 42 of 1986 and as such in the absence of seeking consequential relief i.e. recovery of possession the suit was not maintainable. ......Suit No.42 of 1986 and the possession of the partitioned land obtained through the Title Execution Case No. 10 of 1989 are illegal, void, collusive, null and void, fraudulent, inoperative, without jurisdiction, mala fide and not binding upon the plaintiffs. 3. Title Suit No. 26 of 1992 wa..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......ts that the High Court Division failed to appreciate that the proceeding of Arbitration Miscellaneous Case No. 39 of 1997 under Section 8 of the Arbitration Act, 1940 was illegal and without jurisdiction and thus erred in law in dismissing the appeal and not setting aside the award in ques..Category: Business or Commercial Law | Date: | Hits: 129
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