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Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ...... was taken to Sub-Registrar's Office by the defendant No.3, brother of the defendant No.1. The defendant No. 3 purchased the stamp paper and got the deed scribed by a deed writer of his choice in the absence of the plaintiff. Thereafter, the defendant No.3 hurriedly approached the plaintiff to execu......held the findings of the appellate court on this point. The learned Advocate-on-Record for the petitioner argued that .01/4 decimal of land of Brahmanbaria was included in the document to attract the jurisdiction of the Sub-Registrar's Office at Brahmanbaria for the purpose of registration of the do..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......No.2 on 05.05.1993 and there was no notice upon him under Section 106 of the Transfer of Property Act and so the trial court correctly dismissed the suit. 10. He further submits that in the absence of notice under Section 106 of the Transfer of Property Act upon the defendant No.2 the pre......the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ..Category: Property Law | Date: | Hits: 31
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... the judgment and decree of the trail Court and thereupon decreed the suit. 12. As against the judgment and decree of the appellate Court 12 defendants moved the High Court Division in revisional jurisdiction and obtained Rule. 13. The High Court Division noticed the finding of the appellate..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... of selection grade and their fundamental right of the equal treatment as enshrined in the Constitution being violated they had no other alternative but to move the High Court Division in its writ jurisdiction as they could not ventilate, the grievance of violation of their fundamental rights be..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......nds of such award a judgment within meaning of section 2(2) and section 2(9) respectively of the Code of Civil Procedure it will not confer any substantive right of review on the petitioner in the absence of any specific provisions for review in the Ordinance.Therefore,the submission of Mr. Bhui......ainable and the application for review having been filed earlier in point of time before the filing of the appeal on the grounds inter alia, on discovery of new and important matter, the court had jurisdiction to deal with the review application; that the court having granted the review and havi..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......Code setting aside the order of acquittal sentenced the accused-appellants to suffer rigorous imprisonment for 7(seven) years instead of 3(three) years RI awarded to them by the Sessions Judge in the absence of any appeal filed by the Government for enhancement of the said sentence before the High C......acquittal and passing an order of conviction and sentence. Furthermore, the exclusive powers of the Appellate Division under Article 104 and 105 of the Constitution apply as special and extraordinary jurisdiction to avoid miscarriage of justice by establishing complete justice and with that view App..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
.... action. 4. The written statement filed by defendant No. 1, in short, is that Nizamuddin had transferred 0.14 acre of land from Plot No. 124 and another 0.51 acre of land from Plot. 125 total 0.65 acre land to Churini Jamaddar in the year 1936 by registered sale deed keeping balance ......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......o upon dismissing the appeal affirmed the judgment and decree of the court of first instance. Thereupon, the defendant-Government of Bangladesh moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the findings..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under section 307 of the Penal Code but, in fact, the trial Court had ..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......n the case of Md. Abul Hossain vs. State reported in 1999 BLD (AD) 97, it was held that the investigation by an Assistant Inspector of the Bureau of Anti-Corruption does not per se become without jurisdiction and a proceeding cannot also be quashed merely because there is irregularity, if any, i..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......e jurisdiction of the Court of Joint District Judge, where the suit was pending, was also questioned praying for transferring the suit to the Court of the learned Assistant Judge of competent jurisdiction. The learned Joint District Judge before whom the suit was pending by order dated 25-8..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... 4. The Administrative Tribunal allowed the case holding that the respondent was not supplied with a copy of the first enquiry report, that the second and third enquiry were held in his absence without allowing him any opportunity to defend himself and thus the decision taken on the b......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ed by the statute and if such a notice is issued by an unauthorized person or the allegations made therein do not attract the mischief of that section then such a notice can be challenged in the writ jurisdiction………………………(13 & 14) Case Referred to- Md. Saiful Alam alias..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....le opposite party No. 5 was the nominee of Jamat-e-Islaami, Bangladesh having election symbol “Daripalla’. Opposite party No. 5 was declared elected by a margin of 280 votes securing in total 55,717 votes while the election-petitioner got the second highest vote i.e. 55,437. The elect......ho stopped polling at about 10-30 AM. The polling agents of the election-petitioner were driven out from the polling booth. Polling, however, resumed at 12-00 PM and continued upto 4-00 PM. In the absence of the polling agents of the election-petitioner the workers of opposite party No. 5 cast f......r not containing the code number or the signature or initial of the Assistant Presiding Officer shall not cause the ballot paper to be excluded from counting. The High Court Division acted without jurisdiction in excluding the ballot papers for such omission. …………&hel..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......ommittee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge is in question. The Committee was constituted sometime in 1976...Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......hat of Ahmed Miah, a candidate for Chairmanship was dismissed. Being aggrieved, the appellant moved the aforesaid writ petition which was summarily rejected on the ground, among others, that in the absence of proper delimitation, the two Mouzas mentioned in the notification could not be adjusted......ldquo;3. Declaration of union and alternation of limits thereof.- The Deputy Commissioner may, in the prescribed manner - a) Divide the rural areas of a Police Station within his jurisdiction separately into a number of areas, and declare each such area to be a union; ..Category: Election Law | Date: | Hits: 114
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......onclusion that his claim cannot be discarded without giving him chance to prove his claim. There is no doubt that the suit would be better adjudicated in the presence of Amal Kumar Moitra than in his absence, because, no other person is coming forward to contest the suit. 12. Revisional jurisdict......der was ultimately set aside as stated above. 8. Mr. Md. Ansar Ali, the learned Counsel appearing for the appellant submits that the learned Judge of the High Court Division acted in excess of his jurisdiction under section 115 of the Code of Civil Procedure in reversing the finding of the learne..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......re is no relationship of tenant and landlord between him and the respondents. The learned judge repealed all the contentions raised on behalf of the petitioner and declined to exercise his revisional jurisdiction under section 25 of the Small Cause Courts Act. 3. Mr. B. B. Roy Chowdhury, learned ..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......stion of abatement in law. Abatement occurs from the death of a party who is either a plaintiff or a defendant if heirs of the deceased are not substituted within the time prescribed by law. In the absence of death of any party abatement is inconceivable. After considering some materials the High......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... challenge in a court of Law to any declaration made or action taken by or under the proclamation. There is no vagueness or ambiguity in the meaning of the words used in this clause as regards the total ouster of jurisdiction of this Court. The determination of the validity of the impugned Regul...... Executive, the Legislature and the Judiciary still exists. As, however, Parliament stood dissolved under the Proclamation of November 8, 1975, the entire Legislative powers were, in its absence, to be exercised by the President of Bangladesh. So far as the Judiciary is concerned,......ontrol and Management of Industrial and Commercial Concerns) Order, 1972 (A. P.O. No. 1 of 1972); (b) "Court" includes the High Court and the Supreme Court exercising any jurisdiction under the Constitution or any other law; (c) "the President's Orde..Category: Constitutional Law | Date: | Hits: 307
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