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Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......land actually belonged to the father and the son was nothing but a benamdar of the father. The son filed a suit for declaration that the decision of the Revenue Authority is illegal, void and without jurisdiction. No prayer for confirmation of possession or for 1 injunction was made in the plaint. I..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......r. The refusal was contended to be justified and valid. 6. Mr. Ahmed Sobhan, appearing on behalf of the petitioner, submitted that the respondent No. 2 acted illegally and in excess of this jurisdiction in not according the registration of the document in July, 1965 when the deed was pre..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......ch obstruction or likely to affect such free navigation or lawful use, he shall also be punishable with fine which may extend to one hundred rupees. (3) The Conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated. The learned Magistrate noti..Category: Others | Date: | Hits: 162
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......nt of Taka 500.00 by the plaintiffs to the defendant as compensation. Such discretion when exercised with the ends of justice in view the High Court Division could not interfere with in revisional jurisdiction. Similar view was expressed in Azimomiessa vs. Rup Gazi and others, 39 DLR 6. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e not sitting in appeal or revision as would entitle them to proceed with the matter even in the absence of the parties. In the instant case, the High Court Division was exercising a kind of original jurisdiction i.e. under section 491 Cr.P.C. The only course open to the learned Judges was to dismis..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......also did not hesitate to make it public that the order of the High Court Division would not debar him from passing the ruling on the issue. Then the author-appellant raised the question whether the jurisdiction of the Court is wide enough to reach out to the Parliament and answered it with an emp..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......uired in the aforesaid LA Case, we are of the view that the action taken by the Respondent Nos.6 and 7 by demolishing the structures of the present petitioners in absolutely illegal and without jurisdiction. 11. Then it went on to say: Considering the facts and circ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......luding the rules referred to by the learned Judge, respectively held and upheld the re-counting of votes and the same being a question of fact was not amenable to interference in the revisional jurisdiction and that the principles referred to the decisions noted in the judgment are not appli..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......transaction was collusive and mala fide. It was specifically alleged in the plaints that since defendant No. 1 did not act in accordance with Article 34(1) of the said Order the court can see and has jurisdiction to see the mala fide and illegal acts and deeds of the defendants. Accordingly, the com..Category: Property Law | Date: | Hits: 77
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......997. The petitioner being aggrieved thereby now seeks leave to appeal therefrom. 8. The gravamen of the petitioners’ grievance is that the High Court Division has traveled beyond its jurisdiction in dispensing with the service of notice of the appeal upon the non-contesting parties..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ...... Respondent Nos. 9-10 filed another affidavit-in-opposition. Among others, objection was taken on the ground that the writ petition was not maintainable as the Administrative Tribunal had exclusive jurisdiction in the matter under Article 117 of the Constitution. The respondents’ contention..Category: Employment/Service Law | Date: | Hits: 63
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......d directed her to comply with the same The civil Court being in seisin of the, entire matter the direction given to file the petition of complaint before a criminal Court which has no independent jurisdiction to interpret an order of the civil Court is uncalled for in the facts of the case.&nb..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... “The question is, can such a person represent the idol when the shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle, we do not see any jurisdiction for denying such a right to the worshipper. An Idol is in the position of a minor and ..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......ging the Rule Nisi. 2. The petitioner filed the writ petition challenging two orders dated 16-6-98 and 17-6-98 by which ward Nos. 17 and 19 of Dhaka City Corporation were taken out of his jurisdiction as a Nikah Registrar. The petitioner’s case is that he was first appointed Nikah..Category: Employment/Service Law | Date: | Hits: 69
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......t of a list of persons appointed in the service of the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitutio..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......was also challenged on additional grounds in this Division, which were negatived. It was found by this Division, inter alia, that no case has been made of malafide or coram non judice or excess of jurisdiction. 5. Now the petitioner submits that after the dismissal of his civil petition ..Category: Employment/Service Law | Date: | Hits: 89
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......f the Criminal Law (Amendment) Act, 1987 (Act XIII of 1987) the trial of the accused-respondent having not been concluded within the period of 2 years with effect from 20-1-87, it was held without jurisdiction and in consequence thereof the conviction of the accused is not sustainable in law and..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......cation before the revisional Court for adducing additional evidence to show that the plaintiff’s service was terminated by the competent authority but the High Court Division, exercising revisional jurisdiction, wrongly held that a revisional Court could not consider any new evidence at this stage..Category: Employment/Service Law | Date: | Hits: 98
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....ment) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary relief, rightly refused to exercise their discretion in favour of the petitioner as i......he Public Servant (Retirement) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary relief, rightly refused to exercise their discretion in fav..Category: Employment/Service Law | Date: | Hits: 85
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