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Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... Additional Divisional Commissioner, Dhaka Division Dhaka and the order dated March 14, 1991 passed in Certificate Case No. 2-42/89 passed by the Land Appeal Board, Dhaka are illegal, void, without jurisdiction and not binding upon the plaintiff. 2. The Second Certificate Appeal No.88 of..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......d be a 'resident' of the area. It is not denied that in the application for appointment the appellant mentioned his address at Ayesha Fakirair Ban, Moulaipara, Uttar Agrabad, Chittagong within the jurisdiction of the area of Ward No. 24 Agrabad under Chittagong City Corporation and in support th..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ...... for declaration of title, confirmation of possession and for further declaration that the lease granted in favour of defendant No.1 in lease Case No.XII-E-129/1969-70 is illegal, void and without jurisdiction on the assertions, inter alia, that the suit land described in the schedule-1 to the pl..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......amount awarded exceeded 10% of the award made by the Deputy Commissioner. 3. As against the order of the Arbitration Appellate Tribunal the Respondents moved the High Court Division in revisional jurisdiction and obtained the Rule in the aforementioned revisional case. It was contended by the Re..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......of the High Court Division. It appears that the High Court Division found that mere starting of a Criminal Case can not be a ground that he is guilty unless he is convicted by a court of competent jurisdiction and the High Court Division also found that the petitioner's licence was cancelled und..Category: Criminal Law | Date: | Hits: 42
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......trial court after hearing the parties rejected the said application by order dated 15.03.2001. 6. Reiterating the aforesaid averments the petitioner moved the High Court Division in its writ jurisdiction under Article 102 of the Constitution praying for declaring aforesaid sub-sections (2..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......stating that decree was passed by the Court in Rangpur and that the decree was also put into execution in Rangpur and that the property which was sold in auction is located in Rangpur town within the jurisdiction of the Court of Subordinate Judge, Rangpur and hence the plaint of the suit so filed in..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......ideration of the materials on records rightly found that the petitioner has no vested, right for the area in question and his appointing authority is authorized under the law to curtail the area or jurisdiction in view of the decision of this Division reported in the case of Kazi Md. Aminul Isla..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......w renewal of registration of the firm for the years in question and the reference was answered in the affirmative. 3. Leave was granted to consider whether the Income-Tax Officer was in his jurisdiction to refuse the renewal of the registration of the firm in view of section 23(4) of the ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......which the Income-Tax Officer was not competent to do. 7. Mr. C.R. Ali, the learned Advocate appearing for the appellant rightly submitted that the purported consent of the assessee could not give jurisdiction to make an illegal assessment by the Income-Tax Officer which the Income-Tax Act does n..Category: Fiscal/Taxation Law | Date: | Hits: 78
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ......on. The High Court, however, did not find any ground for interference. Hence the petitioner contended that the High Court Division failed to appreciate that the Labour Court acted without jurisdiction in directing the employer to give termination benefits to the petitioners instead of d..Category: Labour and Industrial Law | Date: | Hits: 110
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....rocedure a wide discretion is given to a Magistrate with respect to the grant on refusal of process. Such discretion must be exercised judicially and the Magistrate will not abdicate his such discretionary function which is envisaged by the Code in favour of any other authority. (4) Onc......could take cognizance of the offence against persons who were not named in the complaint petition but against whom evidence made out a prima facie case. It was held that the Magistrate was within his jurisdiction to take cognizance against the persons not named in the complaint petition and he takes..Category: Criminal Law | Date: | Hits: 60
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......ent Judgment January 29, 1980. The Special Powers Act, 1974 (Act XIV of 1974), Section 27 The Code of Criminal Procedure, 1898 (Act V of 1898), Section 435 While exercising Revisional jurisdiction in a case under sections 449, 307,380 and 324 of the Penal Code, the District and Sessi..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......56 of the Specific Relief Act the plaintiff respondents were entitled to any relief by way of interlocutory injunction in their suits and whether the High Court Division was correct in exercising its jurisdiction in granting stay of the operation of the order passed by the learned District Judge whi..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......………(6) Emergency proclaimed on December 28, 1974 was revoked on November 27, 1979. Decision of Martial Law Courts in Martial Law period is not challengeable except where there is want of jurisdiction or coram non judice. “Purported exercise” As wrong decision by a Tribunal whi..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......application under section 144 of the Code for restoration of possession to the suit premises,, but it was disallowed on the ground that the Court of Small Causes was not authorised in law to exercise jurisdiction under section 144 of the Code. On revision the learned Single Judge held that the appli..Category: Procedural Law | Date: | Hits: 96
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......673, 674 and 850 of 1977). Judgment: K. Hossain, CJ.—These three appeals were heard together as they were so heard in the High Court Division, which disposed of three Writ petitions in Writ jurisdiction, in which a common question of law of great public importance is involved. The matter..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......ding that the recounting is indispensably necessary for adjudication of the election petition. ..…………(13) The High Court Division therefore had acted correctly in the exercise of its jurisdiction for ends for justice in counting and rechecking of the ballot papers the process of whi..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......s does autre fois acquit, but only precludes evidence being led to prove a fact in issue as regards which evidence has already been led and specific finding recorded before a court of competent jurisdiction." 11. We need not refer to the other cases cited by Mr. Pal, but we would concent..Category: Criminal Law | Date: | Hits: 42
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......e suit was a void decree simply because of the plaintiff having suppressed the summons even if fraudulently and; (3) Whether the learned Judges of the High Court Division were within their jurisdiction in appraising the evidence afresh in revision and disturbing the concurrent findi..Category: Property Law | Date: | Hits: 69
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