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Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......lant upon the view, inter alia, that as there was no complaint by the Court as required under section 195(l) (b) of the Code no cognizance could be taken in the case and the trial was thus without jurisdiction. 4. Respondent No. 1 took a revision, Criminal Revision No. 53 of 1984, to the ..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......ur Court by Writ Petition No. 113 of 1987; and the learned Judges of the High Court Division allowed the petition and reversed the Labour Court's order observing that the Labour Court exceeded its jurisdiction by sitting over the domestic tribunal's order as a court of appeal. 3. Mr. Sye..Category: Labour and Industrial Law | Date: | Hits: 79
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......sed by the Chief Martial Law Administrator. 3. The notification was impugned before the Administrative Tribunal in Case No. 148 of 1985 which declared the notification to be void and without jurisdiction, inter alia, on the ground that the CMLA was not competent under the Rules to pass th..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......t there were sufficient materials to support the ground of detention of the detenu. The Constitution having prescribed that it is the satisfaction of the High Court Division alone while exercising jurisdiction under Article 102 of the Constitution, it is the Court alone which is bound to conside..Category: Criminal Law | Date: | Hits: 88
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....discretion by the Labour Court. The High Court Division must have been and shall be presumed to be conversant with the decisions of this Court and therefore advisedly it did not interfere with the discretionary order of termination of service of the respondent while making the rule absolute. ......Mr. Rafique‑ul Huq, learned Counsel for Eastern Bank Ltd, submits on instruction from his client that Eastern Bank Ltd. will be bound by the decision in this appeal as it has submitted to the jurisdiction of this Court by a voluntary substitution. 4. Mr. Asrarul Hossain, learned Cou..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......e ground that when election was held peacefully and no disturbance resulting in the stoppage of poll and requiring fresh poll was reported by the concerned authorities, the Election Commission had no jurisdiction to interfere in the matter. This contention has been accepted by the High Court Divisio..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e aforesaid order dated May 4, 1992. 9. It is contended that the Senior Special Judge having taken cognizance of the offence only under section 5(i)(d) of the Act, the learned Special Judge had no jurisdiction to frame a further charge under section 5(i)(c) of the Act which amounts to taking fres..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......however, signed by the Chairman and the two Members. 6. The appellant contends that after pronouncing the decision on June 12, 1989 the Appellate Tribunal became functus officio and had no jurisdiction to review its judgment and that the Appellate Tribunal, not being a civil Court, had ..Category: Administrative Law | Date: | Hits: 125
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......ns of the Dhaka High Court beginning from PLD 1953 (Dhaka) 183 and as followed later on in the High Court Division. The learned Advocate has not been able to cite any contrary decision from our own jurisdiction although there are contrary decisions of other High Courts. In such circumstances we ..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......il the same property under section 144 Cr.P.C. against her and her son. The Officer‑in‑Charge, Motijheel PS was directed to enquire and report, but as the suit property was outside his jurisdiction the matter was put up again on 20.1.79 before the SDO (South), Dhaka who directed defe..Category: Property Law | Date: | Hits: 81
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......no legs to stand. Section 141 CPC provides that the procedure provided in the CPC in regard to suits shall be followed, as far as it can be made applicable, in all proceeding in any court of civil jurisdiction. 7. Mr. Moksum‑ul-Hakim next submits that the High Court Division erred i..Category: Property Law | Date: | Hits: 56
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ...... that this appeal by the State should be allowed. 1, however, like to add a few words in connection with the respondents contention that the trial was vitiated by mis‑joinder of charges and want of jurisdiction of the Tribunal in trying a schedule offence along with a non‑schedule offence. 2..Category: Criminal Law | Date: | Hits: 132
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......the Supreme Court from examining the propriety of the certificate on which the appeal was based. The learned Chief Justice was of the opinion that this would lead to the absurd conclusion that the jurisdiction of the Supreme Court was subject to control by the High Court. In his supporting judgm..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......nbsp; Begum Hamida and their children. 11. It may be observed that neglect of refusal to maintain, may be express or implied. It may also be inferred from the conduct of the person. To give jurisdiction to a Magistrate it is not necessary to prove express refusal to maintain the wife..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......nd 439 of the Code by the learned Judges of the High Court Division in interfering with the order of the Sub-divisional Magistrate directing the detention of the respondents was illegal and without jurisdiction inasmuch as the assumption upon which the impugned order was passed that the order of..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......at the police report, i.e., the charge sheet should have set forth the nature of the information received against the accused. We are also of the view that, though it does not involve a question of jurisdiction, it is of utmost importance that the charge sheet should contain a factual statem..Category: Criminal Law | Date: | Hits: 63
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......etition was in effect one for an adjournment, which amounted to taking a step in the proceedings within the meaning of the section and as such the second defendant having submitted to the jurisdiction of the court there was sufficient reason for refusing the first defendant's pray..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... bail in section 427 of the Code and article 14 of the Collaborators Order, and that by virtue of article 8(1) thereof the High Court Division retains all the powers that are, of course, discretionary, conferred on it by section 427 of the Code including the power to grant bail to an a...... Procedure, that the Government preferred these two appeals upon obtaining special leave from us. 3. Leave to appeal was granted in order to consider whether the High Court Division has jurisdiction, pending disposal of an appeal against an order of acquittal passed by a Special Tribu..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....rcised on the basis of an erroneous assumption about those facts, These several principles can conveniently be grouped in two main categories; failure to exercise a discretion, and excess or abuse of discretionary power. The two classes are not, however, mutually exclusive. Thus, discretion may be i......hat "It has long been settled law that a decision affecting the legal rights of an individual which is arrived at by a procedure which offends against the principles of natural justice is outside the jurisdiction of the decision‑making authority. As Lord Selborne said as long ago as 1885 in Spackm..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......ain next submits that the Petitioner's liability was only to the extent of Taka 13 lakhs and that the suit was also barred by limitation and when the suit was ex facie barred by time and in excess of jurisdiction, the petitioner can invoke the jurisdiction under Article 102 of the Constitution. 6..Category: Civil Law | Date: | Hits: 139
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