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Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......sa 172 , and Basappa and others vs Purwatamma and others AIR 1952 Hyderabad 99. 35. This point, however, seems to have lost all its importance since, so far as the Indian jurisdiction is concerned, after the passing of the Hindu Code 1956 whereunder the widows have been..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ...... the appellants were prosecuted without the previous sanction of the District Magistrate as required under section 29 of the Arms Act and as such the prosecution of the appellants was without jurisdiction. It was argued that the appellants faced the trial for an offence under sect..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ...... conform to all the preconditions set out by the Act, before it could be said to have been framed under the Act The Rule making authority cannot in the purported exercise of its power, create a new jurisdiction in excess of that conferred by the Act The statutory rule cannot enlarge the meaning ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......cumstances, it appears to us that the Election Tribunal has gone out of its way in setting aside the election of the Vice-Chairman or the members and such an action is on the face of it without jurisdiction." 10. The question of defect of party was dealt with in the subsequent..Category: Others | Date: | Hits: 141
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ...... out against the accused under section 302/34 and the charge-sheet was submitted against them under the aforesaid sections they might be tried before a competent court under ordinary jurisdiction. 7. It may be noted there that the same bench of the High Court Division which ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......uot; means only such other urban areas and not rural areas and that as such the impugned notification having purported to extend the operation of the Act to certain rural areas has in excess of the jurisdiction of the issuing authority. 7. Learned Additional Attorney-General who has argue..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......consider as to whether the respondent being an employee of a Statutory Corporation, the relation between him and the Corporation was one of Master and Servant, and whether the High Court Division had jurisdiction to interfere with the order of dismissal under Article 102 of the Constitution. The lea..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......rred to in s. 91A as a tribunal under the Town Improvement Act. A contrary interpretation will lead to procedural vacuum and it should be avoided. In this view, the provisions of power, procedure, jurisdiction and appeal of the Land Acquisition Act shall apply in such cases. Under s. 54 of ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ed to the accusation leveled against the appellants while examined under section 242 Cr.P.C. "The accusation against them was that they between 25.3.1971 to 16.12. 1971 within the jurisdiction of Sitakunda P.S. collaborated with the occupation Army of Pakistan by participat..Category: Criminal Law | Date: | Hits: 61
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......the special court and ordinary court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by separate courts with separate jurisdiction. Lawyers Involved: Sk Afzalur Rahman, Advocat..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......3, Citholia Union Parishad by the Returning Officer (respondent No.6). 3. Before publication of the result the respondent No.1 moved the High Court Division in its constituent jurisdiction challenging declaration of the respondent No.6 declaring the appellant as an elected C..Category: Election Law | Date: | Hits: 124
Category: Civil Law | Date: | Hits: 109
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......d the Tribunal having disbelieved the claim of the writ petitioner by assigning reason which being a finding of fact, the High Court Division erred in law in setting aside that finding in its writ jurisdiction. It was also noticed in the leave granting order the submission of the learned Advocat..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......ed 16-8-89 upon misconception of law of amendment of pleading provided in Order VI rule 17 of the Code of Civil Procedure the learned Judge of the High Court Division in exercise of his revisional jurisdiction under section 115(1) of the Code of Civil Procedure has rightly set aside the order of..Category: Property Law | Date: | Hits: 58
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......at the disputed shop room was necessary for expansion of business with his sons and for repair. 9. The learned Judge of the High Court Division taking the view that revisional jurisdiction under section 25 of the Premises Rent Control Act is wider in scope than that of revi..Category: Property Law | Date: | Hits: 69
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......by petitioner No. 2 the Secretary. Internal Resources Division and Ex officio Chairman, National Board of Revenue vide his Memo No. 3(27) Admin 3/76-453 dated 29-7- 1991 AD was illegal and without jurisdiction. 3. The case of respondent No. 1 is that, he joined the service a..Category: Administrative Law | Date: | Hits: 93
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......r exercising and performing any powers or functions under this Order he must get authorisation from the Commission itself, otherwise his action under the Order will be coram non judice and without jurisdiction. As a matter of fact the functions that the acting Chief Election Commissioner was doi..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......ment (GSE) Division issued on 30-12-1995 (Annexure-G to writ petition) so far the same relates to the petitioners therein respondent Nos. 1 and 2 in Appeal No. 25 of 2000) illegal, void and without jurisdiction. By the said judgment promotion of respondent Nos. 5 and 6 (appellants in Appeal No. 2..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......and there was no reason to include the said property in the ‘Ka’ list of abandoned buildings in the Gazette notification published on 23rd September, 1986 and such inclusion is without jurisdiction. The case was contested by the Government petitioner stating that Zarina Khatoon const..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111