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State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e High Court Division. The High Court Division while issuing Rule passed the impugned order. 4. Leave was granted to consider the submission that the High Court Division in exercise of its jurisdiction under section 498 of the Code of Criminal Procedure has transgressed its limit in deal..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... The Administrative Tribunal Act, 1981 (VII of 1981), section 6(3). In view of the provisions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it was within the jurisdiction of the Administrative Appellate Tribunal in altering the major penalty of dismissal fr..Category: Administrative Law | Date: | Hits: 112
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......der Article 102 of the Constitution through its local agent Messrs Mariner Bangladesh Ltd. impugning the order dated 16-6-88 passed by the respondent Nos. 1-3 to the writ-petition in its revisional jurisdiction under section 196B of the Customs Act, 1969 setting aside the order dated 28-1-88 pas..Category: Business or Commercial Law | Date: | Hits: 96
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......changing the nature and character of the land in suit and transfer thereof. 2. As against the said order of status quo the defendant-petitioner herein moved the High Court Division in revisional jurisdiction and obtained the Rule. 3. The suit was filed seeking recovery of possession of the ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......osition and the evidence on record were in error in convicting and sentencing the condemned prisoner. 10. In the course of hearing of the appeal the learned Counsel raised question of jurisdiction of the Adalat to try and convict the condemned prisoner upon submitting that dema..Category: Criminal Law | Date: | Hits: 59
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......994 as stated above. So, it is clear that her removal was not a removal simpliciter; rather her removal was with stigma. Therefore, her removal from service without notice to show cause was without jurisdiction. 11. It is also undisputed that in Ramna PS Case No. 44 dated 20-1..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......śwhat it purports to be". Colourability is linked up with incompetency, that is, an authority doing a thing which he got no power to do. "Colourable" is not tainted with bad faith; it is just lack of jurisdiction. In other words, in the case of 'law‑making, the, doctrine of colourable legislation ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......suffer the scrutiny and respectful even though outspoken comments of ordinary men." 15. The principles laid down in the aforementioned cases are substantially followed in our jurisdiction. I do not find any worthwhile reason in applying law of Contempt, or for that matter a..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......hority, but it is not the case of the respondents that the Deputy Director (Estates) of former DIT who accorded the permission for transfer on 25.1.86 had no power to do so or that he exceeded his jurisdiction in doing so. It is only resolved by the Board of Trustees on 29.9.88 that there were ..Category: Property Law | Date: | Hits: 110
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......the deceased judgment‑debtor. The learned Judge also held that there being a specific provision of substitution under Order 22 rule 3(1) of the Code of Civil Procedure, the learned SCC Judge had no jurisdiction to exercise any power under section 151 of the Code. 3. Leave was granted to conside..Category: Tenancy Law | Date: | Hits: 90
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......ection Mr. Khalilur Rahman has referred to a decision of this Court in the case of Bikash Ranjan Das Vs. The Chairman Labour Court, 29 DLR (SC) 280. In that case the scope and extent of the court's jurisdiction to examine and scrutinise the findings of a domestic tribunal has been indicated. It h..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... question whether the whole proceedings including the decree of the Civil Court suffers from Coram Non Judice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in all matters relating to terms and conditions of service of persons in the service o..Category: Administrative Law | Date: | Hits: 130
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ...... of account under which any deposit can be entertained by any Court which cannot accept any money unless there is a provision of law to that effect. He submits that parties by consent cannot create a jurisdiction in a Court. Leaving aside the formalities, if the intention of the agreement Ext. Al is..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......elex and served legal notices upon the defendant." 3. The appellant filed an application under Order VII rule 11 CPC for the rejection of the plaint on the ground that the Court had no jurisdiction since the defendant does not reside or carry on business within the jurisdiction of th..Category: Business or Commercial Law | Date: | Hits: 124
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......cisions of different High Courts approved the decision in Bessesswari Chowdhury's case 1 CWN 266. 8. The necessity of the knowledge of the executing court is a sine qua non for affecting its jurisdiction as well as for a committal for contempt in case of violation. As soon as the executing..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......question is whether the High Court Division correctly interpreted section 4(3) vis‑a‑vis section 10(3) of the Criminal Law Amendment Act, 1958 holding that a Senior Special Judge got no jurisdiction to transfer a case from the court of a Divisional Special Judge. 2. Special Cas..Category: Criminal Law | Date: | Hits: 118
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......ded in sub‑sections (1) and (2) of the said section. In a case contemplated under section 46, the High Court Division may direct the Registrar to take steps as may be found necessary. But the jurisdiction vested with the Registrar under section 10(2) is of a special kind and it is only legi..Category: Intellectual Property Law | Date: | Hits: 227
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......e paper book "The ground upon which I feel necessary in stating my reasons in separate judgment in that I failed to persuade myself to agree with the view expressed by him on the question of jurisdiction of the sessions judge to try the offences and on the 'wisdom' of the law making autho..Category: Criminal Law | Date: | Hits: 92
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......words, whether in the absence of the "certificate" the goods, which are government Properties, should have been exempted from octroi. The High Court Division, which was moved in its writ jurisdiction by the respondent, held that the certificate is mandatory and that in its absence the ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......erence to the oral evidence on record will show that the trial Court did not at all speak a word in the judgment about the defendants' witnesses. It is really surprising that the court of original jurisdiction which was to decide this most vital question of possession of the defendants did not a..Category: Property Law | Date: | Hits: 52
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