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Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....e Head Examiner cut out the original numbers given by the original examiner and put the increased marks afresh on top of the cut‑out original numbers. It is customary, he submits, to add the discretionary marks given by the Head Examiner after adding a + sign to the original mark given by ......ly in the plaint and no issue having been framed as to whether the petitioners were actuated by mala fide in publishing the result of the concerned examination the High Court Division exceeded its jurisdiction in finding mala fide in the matter. 7. We have no hesitation in holding that th..Category: Constitutional Law | Date: | Hits: 182
....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......vocate for the appellants has also argued that the adverse findings of the High Court Division against the appellants are incorrect and mistaken and are also not sustainable on merit. It exceeded its jurisdiction in interfering with concurrent findings of fact. Since the case will be remanded to the..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......an application before the Tribunal on 19.8.93 and prayed for disposal of the election petition solely on one point of law, namely, whether the change in the polling stations was illegal and without jurisdiction and whether the election of respondent No.1 was liable to be set aside on that ground...Category: Others | Date: | Hits: 119
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....tion of possession and the Miscellaneous case is thus unnecessarily kept alive by the High Court Division although it was dismissed by the learned Subordinate Judge. The grant of restitution is not discretionary with the court, but law imposes an obligation on the party who gets the benefit of a...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......ntment filed by the plaintiff in the appellate Court that he was appointed by the Chief Engineer. Therefore the order of discharge passed by the Superintending Engineer, Khulna Division was without jurisdiction. The lower appellate Court therefore affirmed the judgment and decree of the trial Co..Category: Property Law | Date: | Hits: 124
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......invalid and directed to treat the respondent No. I to be in service as before with full pay and other benefits. 7. Leave was granted to consider whether the Appellate Tribunal exceeded its jurisdiction in setting aside the result of the departmental enquiry when the respondent No.1 himse..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......ave power to see whether the order is in colourable exercise of power or is mala fide or whether it has been made by person by whom it was purportedly made, or the person who made it had authority or jurisdiction to make the order." 9. The minimum, Mr. Ahmed submits, that the Government should h..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......4) Whether the Speaker or Parliament will compute and determine the period of absence? Sd/ Abdur Rahman Biswas 4.7.95 President People's Republic of Bangladesh 14. The advisory jurisdiction of the Supreme Court has its origin in the Government of India Act 1935, Section 213 of..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......deed of Trust, admitted to have been executed by the author of the Trust, will alone determine the creation of the Trust and that the delinquent beneficiaries should not be allowed to postpone the jurisdiction of the principal court of original jurisdiction by filing a partition suit and indirec..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......e Law of Insurance, 3rd Edition, 1970 at page 25 where it is stated: "Once a phrase has been given a definite meaning by the Courts for a 4ong period, not even a court of higher jurisdiction will overrule earlier decisions on the matter". 15. The question, th..Category: Business or Commercial Law | Date: | Hits: 114
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......complaint case taking cognizance under section 200 and therefore the charge‑sheet submitted by the Police on the basis of the First Information Report cannot be said to be illegal or without jurisdiction. The cases referred to by Mr. Karim, 6 DLR (WP) 205 and 54 Calcutta 303, are on differ..Category: Criminal Law | Date: | Hits: 62
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......service, cancelled earlier; that his vested right cannot be taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General C..Category: Employment/Service Law | Date: | Hits: 117
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ...... 1994 for examination of prosecution witnesses, but the informant of the case filed an application on 31 May 1994 before the High Court Division for transferring the case to any Court of competent jurisdiction in some other Sessions Divisions taking the ground that the public prosecutor in charg..Category: Criminal Law | Date: | Hits: 67
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....f facts and thereby closed this chapter. Now we shall go into the question of law to consider which leave was granted. Law on the subject is that the jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant it merely because it is lawful to do so. Mr. Kho......tention and refused him leave on the findings of facts and thereby closed this chapter. Now we shall go into the question of law to consider which leave was granted. Law on the subject is that the jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant i..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ...... articles allegedly stolen from the house of the informant being worth about Taka 5,000.00 as stated by PW I in his examination-in‑chief it is only the Village Court which had exclusive jurisdiction to try and dispose of the case and the learned Thana Magistrate acted illegally and wi..Category: Criminal Law | Date: | Hits: 74
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......overnment property. This order dated 8. 11.93 was impugned in the writ petition. 4. The High Court Division dismissed the writ petition summarily on the ground that respondent No. 1 had the jurisdiction to review its previous order alleged to have been obtained by fraud and misrepresentat..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......ver mooted. Indeed the appellant has not taken any ground in the writ petition or in the leave petition questioning the authority of the Government to pass the impugned orders on the basis of lack of jurisdiction or principle of the promissory estoppel. 26. It will be seen that the Government ga..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......ngth. I am of the view that an order of remand in the facts of the case will be an exercise in futility. 3. The learned Counsel for the appellant has cited a number of decisions of foreign jurisdiction- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......nd as defendant Nos.2-11 and the defendants of the earlier suit as pro-forma defendants. The suit was filed before the 2nd Court of Subordinate Judge, Sylhet but as at the relevant time the pecuniary jurisdiction of the Senior Assistant Judge was increased to Taka 1 lakh the plaint was returned and ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......nd Presidential elections held under the Constitution. The petitioner has neither alleged coram non judice nor malice in law in the writ petition. Apparently, the Returning Officer, acting within his jurisdiction, took the view, that because of the pendency of appeals against several orders of convi..Category: Election Law | Date: | Hits: 133
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