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GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......his appeal is, whether the application filed by the respondent under section 4(2) of the Administrative Tribunals Act, 1980 (Act No. VII of 1981) was maintainable and whether the Tribunal has jurisdiction to interfere with the order complained against. 3. The case of the respondent..Category: Administrative Law | Date: | Hits: 148
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......etary, Ministry of Law and Justice has been issued illegally and is without any legal effect. 2. The respondent serving as an Assistant in the Gulshan Sub-Registrar’s office under the jurisdiction of Gulshan Police Station was transferred by the said impugned order to the Sadar Sub-..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......section 304, Part-I of the Penal Code. All we can say is that such type of inconsistency and contradiction mar a judgment of a Supreme Court. Alteration of conviction is of course fully within the jurisdiction of the High Court Division, but that cannot be done by once rejecting their evidence i..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......rity that if the President acts malafide the pleasure theory is in any manner truncated in the case of military personnel. He has failed to do so and the several cases he has cited from the Indian jurisdiction are cases in respect of civilian employees where malafide has been taken into consider..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ...... the suit nor required to be decided in the context of the pleadings of the parties. The exercise undertaken by the learned Judges was not only gratuitous but wholly illegal being not within their jurisdiction under the Code of Civil Procedure. In a recent case relating to maintenance of a divor..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144....... (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of the BSRS Order..Category: Business or Commercial Law | Date: | Hits: 124
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
.... Judgment February 2, 1999. Result: The petition is dismissed. The Admiralty Rules, 1912, Rules 23 and 31 Above rules are enabling provisions and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for...... February 2, 1999. Result: The petition is dismissed. The Admiralty Rules, 1912, Rules 23 and 31 Above rules are enabling provisions and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of th..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... suo motu transfer a sessions case. The informant merely informed the High Court Division with his application the state of circumstance concerning the case and the High Court Division had complete jurisdiction to exercise such discretion……(7) Lawyers Involved: Md. M..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......lip;Respondents Judgment July 20, 1998. Cost In awarding heavy cost the court should give some reason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(3) Lawyers Involved: B ..Category: Property Law | Date: | Hits: 64
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......er appellate Court as a last court of fact on appreciation of the evidence on record concurred with findings of the trial Court. 5. The learned Single Judge while exercising his revisional jurisdiction found that there was no illegality in the assessment of the evidence by the court of a..Category: Property Law | Date: | Hits: 72
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......ves special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can award compensation. An order of the Marine Court to pay..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......vision found that as Annexure-E was issued “in the light of the decision of the Government dated 2 1-12-96” and as the Government direction dated 21-12-96 is itself illegal and without jurisdiction. Annexure-E issued by petitioner No. 3 postponing the election is equally illegal and ..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ts Judgment November 12, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 and Order VI, rule 7 i) The High Court Division as a revisional court had hardly any jurisdiction to set aside the findings of fact by the appellate Court and that also without discus..Category: Property Law | Date: | Hits: 65
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ...... learned Single Judge committed any illegality in affirming the order passed by the trial Court in exercise of his power under section 151 of the Code in the facts of the case. There was no lack of jurisdiction of the trial Court to restore the Suit. 7. Mr. Sultan Ahmed next submits that ..Category: Procedural Law | Date: | Hits: 118
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......e respondent made the advertisement for sale of the petitioner’s Mill fixing, 4-3-98 the date for sale. The petitioner then finding no other alternative moved the High Court Division in writ jurisdiction but has been summarily refused as already stated before. 4. Mr. S K Sinha, lea..Category: Business or Commercial Law | Date: | Hits: 106
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......he property in question as an abandoned property and enlisting it in the “Kha” list is without lawful authority and is of no legal effect. The writ petitioners need not have invoked the jurisdiction of the Court of Settlement because the very inclusion of the property in question in ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......the case of Dhaka Ware House vs. Asst. Collector of Customs, 1991 BLD (AD) 227. In the instant case the learned Judges of the High Court Division appear to have misconstrued and misconceived their jurisdiction under Article 102 in holding that the writ petition is maintainable, where the writ pe..Category: Property Law | Date: | Hits: 48
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......lready undergone the sentence were directed to be set at liberty forthwith. 8. Leave was granted to consider whether the learned Judges of the High Court Division acted wrongly and without jurisdiction in convicting the appellants under sections 342/34 of the Penal Code inasmuch as the o..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... 7. Leave was granted to consider whether the learned Single Judge of the High Court Division was correct in interfering with the finding of fact of the last court of fact in his revisional jurisdiction when the lower appellate Court after due consideration of the oral and documentary evi..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......spondent Judgment August 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also..Category: Criminal Law | Date: | Hits: 83