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Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......g prima facie barred by 10 years 301 days and there having been no application under section 5 of the Limitation Act for condonation of delay, the order admitting the appeal was illegal and without jurisdiction. The appellants opposed the application. The learned District Judge by his order dated ..Category: Procedural Law | Date: | Hits: 121
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......posed of the matter in a summary way and its conclusions are far from satisfactory, which the High Court Division failed to notice. 10. So long as the Court of Settlement acts within jurisdiction and does not commit any excess of jurisdiction the High Court Division will be right i..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......Division which, after issuing a Rule thereon and hearing the parties dismissed the Writ Petition on the ground that Writ Jurisdiction was not attracted in this case as it was exclusively within the jurisdiction of the Administrative Tribunal, established under the Administrative Tribunal Act, 198..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......prohibitions to be imposed with regard to the development of sites and the erection and re-erection of buildings within the City; the respondent No.3 under its statutory power, has no authority and jurisdiction to take up the matter of environmental pollution in the shape of private and public nu..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ...... seeking relief on the basis of the agreement for sale. 6. The defendants i.e. respondents herein as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute upon observing t..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......trangers. Subsequently, the preemptor respondents made an application for return of the original application on the ground that the Second Court of Subordinate Judge, Chittagong, had no territorial jurisdiction in the matter. The prayer was allowed by order dated 27-1-1992. Thereafter, by endors..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......din Miah, and others.......................Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minor..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......dmittedly pending involving adjudication of the same points as in these three writ petitions, Rules were liable to be discharged as being not maintainable and the petitioners cannot invoke both the jurisdictions for the same relief. He further submits that Rule in Writ Petition No. 2746 of 1997 ..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... rule if the defects mentioned therein are apparent on the face of the plaint. It is true that the grounds set forth in the rule for rejection of the plaint are not exhaustive and the Court has jurisdiction, in proper cases, to reject the plaint on grounds other than those in rule 11. But be..Category: Civil Law | Date: | Hits: 91
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... judgment and order of the trial Court allowed the prayer for preemption. 7. The Pre-emptee as against the judgment of the lower appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. 8. The High Court Division, on consideration of the ev..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ......re-emptor cannot seek preemption in respect of the transfer that took place on November 21, 1991 in favour of the pre-emptees. 6. The pre-emptor moved the High Court Division in revisional jurisdiction as against the judgment and order of the appellate Court and obtained Rule. The High C..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......e nor possession in the land in suit and thereupon dismissed the suit upon setting aside the judgment and decree of the trial Court. The plaintiffs then moved the High Court Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division upon making the findings tha..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......udge (now Joint District Judge) and Artha Rin Adalat, Court No.2, Dhaka. The case was later transferred to the learned District Judge, Dhaka by order dated 10-8-1998 as, the Artha Rin Adalat has no jurisdiction to try the case and on transfer the case was registered as Miscellaneous Case No. 668 ..Category: Civil Law | Date: | Hits: 95
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......nd the balance amount of Taka 13,03,758 became due as interest and compensation; so unless and until the remedy sought in the above suit is exhausted the petitioner was not entitled to invoke writ jurisdiction; since the disputes involved are questions of fact the writ petition is not maintainab..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......y the learned Counsel appearing for the appellant. 13. Taking clue from the decision, Mr. Karim submits that under section 9 of the Code of Civil Procedure the Civil Courts will have jurisdiction to try all suits of civil nature excepting suits of which their cognisance is either ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......td. and others...............Respondents Judgment January 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction in setting aside the auction sale at the instance of a person who has not claimed titl..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......dence, affecting the merit of the decision of the case, the same could not be interfered with under section 100 of the Code of Civil Procedure and, as such, the High Court Division acted beyond the jurisdiction in allowing the appeal by setting aside the decision of the lower appellate Court taki..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......f the Miscellaneous case, the prayer for pre-emption is not sustainable in law. 7. The pre-emptor moved the High Court Division as against the judgment of the appellate Court in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding t..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......gment and order of the Court of Settlement without finding that the aforesaid conclusions were without any basis and the further submission that the High Court Division upon a misconception of its jurisdiction under Article 102 of the Constitution wrongly interfered with the judgment and order o..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......g that the Ministry of Information only issues no-objection for Broadcasting. The question of permission for importation of apparatus and issuing of licence for allocation of frequency are within the jurisdiction of the BTR Commission under the provisions of the Bangladesh Telecommunication Act, 2..Category: Information Technology Law | Date: | Hits: 266
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