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Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......ision that the proceedings against him will work harassment to him. In taking into consideration Annexures-A and B in quashing these proceedings as well the High Court Division exceeded the bounds of jurisdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The imp..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......1 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge to return the plaint to be presented to ‘a Court having jurisdiction’. The heirs of the original plaintiff, Haji Kasimuddin Mandal are the present appella..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......rts the impugned judgment as the same is based upon a correct appreciation of the right to freedom of speech and expression which was advocated by himself with authorities from. American and Indian jurisdictions and accepted, rightly, by the Court. He repeatedly said that he has nothing to add e..Category: Intellectual Property Law | Date: | Hits: 279
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......d Kaikaus J made some observations therein which I find very apt. It reads (at page 354 of the report): “To permit a review on the ground of incorrectness would amount to granting the Court the jurisdiction to hear appeals against its own judgments or perhaps a jurisdiction to one Bench of the..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can be given by the higher authority, it is highly improper that writ jurisdiction wilt be exercised. 8. In the very first place we find the submission of Mr. Abd..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... were considered in that case and as are also relevant in the present case read as follows: “4. Jurisdiction of Special Judges and cognizance of cases by them.-(1) A Special Judge shall have jurisdiction within such territorial limits as may be fixed by the “Government” by notification..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......were examined by the pre-emptee appellants. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division acted wrongly in refusing to exercise his revisional jurisdiction in the present case when the judgment of the lower appellate Court is based on total n..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......ong in comparing the signature of the appellant appearing in the alleged application dated 25-3-1976 with his admitted signatures. Rather, the learned Judge of the High Court Division exceeded his jurisdiction in revision in entering into a question of fact and in comparing the signatures himsel..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......nt form, though, in fact, he failed to passed the BA examination. Although the Administrative Tribunal held that the proceeding and order of compulsory retirement was illegal and void being without jurisdiction, but dismissed the appellant’s case by the judgment and order dated August 17, 1..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ...... and dismissed the Suit. 7. Mr. Rafiq-Ul-Huq, learned Advocate appearing for the plaintiff-petitioner, submits that the learned Single Judge of the High Court Division exercising revisional jurisdiction acted wrongly in setting aside the finding of fact of the last court of fact and, as s..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ...... no relationship of landlord and tenant with the defendant observed that the learned SCC Judge had acted contrary to the pleading in determining the said two issues which was thus in excess of her jurisdiction. 10. In the plaint it has not been alleged at all that the defendant is a defau..Category: Property Law | Date: | Hits: 52
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......it was stated in the petition and submitted before the High Court Division that the question of age of the petitioner being a disputed question of fact the same could not be decided in the writ jurisdiction, particularly, when the Returning Officer had decided the matter in favour of the pet..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......n the ground that the suit should have been filed before the Family Court as it was triable exclusively by that court under section 5 of the Family Courts Ordinance, 1985 as the civil Court had no jurisdiction to try the suit. 5. The trial Judge by his order No. 10 dated 23.11.94 rejected..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......alternative remedies out of Court cannot, in all fairness, be so construed as to deprive her of the right of maintenance from the day when the cause of action accrued to her. The Courts have thus the jurisdiction to grant such maintenance subject of course to considerations of limitation and the rel..Category: Family Law | Date: | Hits: 198
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ....... 87) 322 (2) SK Chatterjee vs. Residence Limited 58 CWN 607 and (3) Karnani Properties Limited vs. Miss Augustine AIR 1957 SC 309. 17. In the first case one of the contentions raised was that the jurisdiction of the Rent Controller to fix the ‘standard rent’ of the ‘premises’ would not i..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......f view of Dr. M. Zahir and Mr. Rafique-ul-Huq. 10. Section 2(3) of the Companies Act, 1913 defines the words “the Court”. It says, “the Court” means the Court having jurisdiction under this Act”. Section 3(1) of the Companies Act provides as follows: ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......hat the only prayer for striking down the impugned Rules on the alleged ground of discrimination having been refused, the High Court Division acted beyond the scope of the Rule and also beyond the jurisdiction under Article 102 of the Constitution in issuing the aforesaid direction upon them. ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......y for no fault or laches of his own and no remedy is available to the aggrieved person under the existing legal structure and if any valuable right is accrued to him Appellate Division in exercise of jurisdiction under Article 104 of the Constitution may provide the remedy on appeal under article 10..Category: Administrative Law | Date: | Hits: 167
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......acts of the Court of Settlement refused rightly to interfere with the judgment of that court upon a correct appreciation of the legal principle that the High Court Division in exercise of its writ jurisdiction cannot Sit as a Court of Appeal over the judgment of the Court of Settlement for re-se..Category: Property Law | Date: | Hits: 48