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Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......rned. The petitioner thus acquired the right of the consignee/assignee of the bill of lading. This argument is quite reasonable, but language of section 6 of the Admiralty Court Act, which confers jurisdiction upon the Court of Admiralty, is very specific and definite as to the persons who can r..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......r-claim in a written statement……………………………(12) If the Adalat Act is read as a whole, it will be found that it contains four different kinds of subject matters, namely, (i) the jurisdictional matter setting out the parameter and boundaries of the special Court set up under a s..Category: Banking Law | Date: | Hits: 168
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... Code of Civil Procedure providing that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction", apply in terms to proceedings in writ in the original constitutional jurisdicti..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......al by special leave raises the question whether the Small Cause Court could declare a decree passed in a title suit by a civil Court a nullity and whether the High Court Division in its revisional jurisdiction could reverse such a finding. If the first question is answered in the negative, then ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... executive and judicial-each independent of the other whilst acting within its own sphere. For the harmonious working of such a system it is incumbent on each to know the limits of its own jurisdiction and not to seek to trespass into the field of the other. The writ of mandamus cannot ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......legated itself to a non‑Government private school is for the writ petitioner to assert and prove and these are matters which are not proper matters of proof before a constitutional Court exercising jurisdiction under Article 102 of the Constitution. If both sides are to say who pays the teachers, ..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......t debtor instituted an objection under section 47 CPC being Miscellaneous case No. 48 of 1970, in the same Court for a declaration that the decree obtained by the respondent was illegal and without jurisdiction since there is no written contract of monthly tenancy. Further, he asserted that ther..Category: Property Law | Date: | Hits: 70
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......Single Judge of the High Court Division in deciding this case. Mr. SR Paul, learned Advocate appearing for the appellant, has submitted some decisions of this court, High Court Division and of Indian jurisdiction for appreciating the true scope of amendment of pleadings. In the case of Golam Hafiz M..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......nbsp; ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of re..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......of his service may, within thirty days of the communication of such order to him or within twelve months of the establishment of a Tribunal whichever is later, prefer an appeal to the Tribunal having jurisdiction in the matter: Provided that- (a) where an appeal, review or representation to ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......In Engineer Galimala Vs. Abnaduta Jena, AIR 1988 (SC) 1520, the Indian Supreme Court held that an Arbitrator, to whom a reference was made without the intervention of the Court, "does not have jurisdiction to award interest pendente lite (i.e. for the period during the pendency of the arbit..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within the jurisdiction of Moulvibazar and subsequent refusal to adjust the money due to the plaintiff. No mann..Category: Procedural Law | Date: | Hits: 91
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......ning the very competence of the Tribunal to vary or modify an order passed by a competent authority in due course of law. 10. Tribunals have been established under the Act, inter alia, to exercise jurisdiction in respect of matters relating to or arising out of, as provided under Article 117(1)(a..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......s which may be exercised by the High Court Division under section 439. In other words, the Sessions Judge, under section 439A, has been equated with the High Court Division only for the purpose of jurisdiction exercised by the High Court Division under section 439. 5. Section 439A of the ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... be held and charge‑sheet be submitted under section 4 of the Anti‑Terrorism Act." This order was challenged by the appellants before the High Court Division invoking its inherent jurisdiction under section 561A of the Code taking the ground that the Sessions Judge got no power,..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......one decision of the Privy Council in Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66= AIR 1893 PC 70. Besides he has made passing reference to some decisions of Indian and Pakistan jurisdictions. 7. Section 34 of the CP Code provides that when the Court passes a money decree, ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......tion seeking retirement on special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put h..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......defence personnel hold office during the pleasure of the President. The President's Order under Rule 14(5) is not justiciable. No case has been made out of malafide, or coram non judice and excess of jurisdiction. 13. The petitioner is not holding any constitutional office. Article 147 of the Con..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......e petitioner's contract service has been terminated in terms of the contract to which he was a party and since his appointment has been cancelled in terms of the contract we do not think that writ jurisdiction under Article 102 of the Constitution is attracted to his case. Subject to the observa..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ...... with retrospective effect. Maintainability of these writ petitions was also challenged as an alternative remedy was available by way of an application to the Administrative Tribunal having exclusive jurisdiction over such matters relating to terms and conditions of service including the question of..Category: Employment/Service Law | Date: | Hits: 97
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