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Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......rit Petition No. 835 of 1979. Judgment K. Hossain CJ.- In this appeal a question of law of some public importance it involved namely, whenever the High Court Division, in the exercise of writ jurisdiction of under Article 102 of the Constitution, acted in accordance with law in restoring the..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......ion of the court and will be ordered only when the justice of the case calls for it. The jurisdiction as to restitution bears only a superficial resemblance to the Jurisdiction at to execution. The jurisdiction to order restitution is inherent in the court and it flows not from any power which it ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ansferred does not exceed one acre. Sub-section (6) of sec. 4 requires permission of the competent authority for registration of an instrument of transfer of such property, Section 6 ousts court's jurisdiction to entertain certain suits relating to immovable property of a member of the minority ..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......amendment was allowed. This application was filed on 6th April, 1966 and was rejected by the Court on 11 th May, 1967. This order of rejection was challenged before the High Court in its revisional jurisdiction but the Rule was discharged on final hearing on 25th June, 1970. The decree holders-r..Category: Property Law | Date: | Hits: 54
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......tion of the Government about the performance of the person in whose favour reward is sanctioned, the claim cannot be made the subject-matter for adjudication in a court of law for less in the writ jurisdiction under Article 102 of the Constitution. The Rules framed do not support the proposition..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....by reason only of the fact, or shall be called in question in any Court, including the Supreme Court, or Tribunal, merely on the ground, that at the relevant time such order was made in exercise of a discretionary power conferred by the said sub section without any principle or guideline for the e......More specifically regard may be had to the political, social and economic conditions and their place in the historical setting and the present international milieu. The decisions of courts of other jurisdiction will serve as a helpful guide, but never an authority. 4. Keeping this principle in..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......f 1978 convicted the appellants under section 395 read with Special Powers Act and sentenced them as stated above. Against this order, the appellants moved the High Court Division in its writ jurisdiction raising the question of competency of the Appellate Tribunal to entertain an appe..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......he Rules. All the contentions of the learned Counsel thus fail. 13. The respondent having been found guilty of Inefficiency and misconduct the punishment of dismissal is not illegal. In Writ jurisdiction the question of quantum of punishment is not ordinarily considered. Bat if in a partic..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......case, namely, whether the High Court was wrong in holding that provisions of section 10(1)(vii) was not attracted, whether the High Court was wrong in failing to hold that the Company Judge has no jurisdiction to adjudicate the validity or otherwise or an assessment made under the Income Tax Act..Category: Fiscal/Taxation Law | Date: | Hits: 85
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......rsity filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated by him that he was employed as an Overseer on June 8, 1962 and his servi..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......he decision of this Court reported in 30 DLR (AD) 207, 32 DLR (AD) 216 and 33 DLR (AD) 154 and added: "Of course, it has been held in those cases that if the action of the authorities are without jurisdiction and mala fide the Supreme Court can go into the question.” The learned Judges t..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......ced to the credit of any such cause, shell be dealt with in toe manner in which moneys or securities paid or transferred Into Court are usually dealt with in " the exercise of the ordinary jurisdiction of the Court. 2. In causes instituted in a Court other than the High Co..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....e given by the Court in the exercise of its inherent power under section 151 C.P.C. The inherent power of the Court should be exercised at its discretion, according to the merit of each case. This discretionary power cannot be exercised when restoration, if allowed, will run counter to the inter......urt to grant restitution arises even outside the provisions of section 144, Their Lordships observed: ''Nor indeed does this duty arise merely under this said section. It is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all the ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the disciplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissione..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......obviously negatives the contention that responded No. 1 is not a worker. 8. Mr. Asrarul Hossain, Counsel for the appellant, contended that the decision of the Labour Court was without jurisdiction as the Chairman of the Court consulted only one member. According to the provisions of..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......ction Rules. 14. In an election case the decision of the Election Tribunal is final. Its decision should not be disturbed, unless it suffers from material illegality in the exercise of jurisdiction of the procedure as laid down under the rules. Evidence sufficiently show that there ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......nsent and concurrence. The Sessions Judge started on the footing of the telegram a suo motu Miscellaneous Case No. 687 of 1978 and called for the records of M.R. Case No. 40 of 1978 in exercise of jurisdiction under section 435 of the Code of Criminal Procedure and stayed all further proceedings..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......ent, and obviously bestowed by the British North America Act." 9. Along with it, we are to remember another cardinal principle as to the interpretation of law relating to the curtailment of the jurisdiction of the superior courts. It is well settled that in a democratic country with an indepen..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......the suit under section 6 was not maintainable because it was not a case of maritime lien. Section 6 of the Admiralty Court Act is in the following terms: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
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