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Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same parties so the magistrate acted without jurisdiction initiating proceeding under section 145 of the Code of Criminal Procedure. Case..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......ll be nothing to be satisfied upon. There cannot be any order under section 3. 18. What are grounds? They have been variously described in numerous decisions of different jurisdictions. On our part, the first case probably is that of Abdul Latif Mirza 31 DLR (AD) 1. It..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......within 60 days from the date of receipt of copy of this judgment. 3. Leave was granted to consider the following: “……………in exercising jurisdiction under Article 102 of the Constitution, the High Court Division committed error of law..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......ver by the Government and it was handed over to the RAJUK and it set up Uttara Model Town upon the land and that the petitioner’s claim of possession being disputed cannot be decided in writ jurisdiction. 5. Sub-section (1) of section 29 of the Town Improvement Act as amended by se..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......as maintainable on the facts and in the circumstances of the case. 11. In support the appeal the learned Deputy Attorney General first submits that the High Court Division acted beyond its jurisdiction in entertaining the writ petition since the dispute was a matter to be adjudicated upo..Category: Property Law | Date: | Hits: 73
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......agreement involving interpretation of section 40(2) of the Ordinance. Further it was stated that while deciding whether the case is maintainable under section 50 of the Ordinance, the Court has no jurisdiction to give decision on continued binding effect of a terminated agreement under section 4..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......not an equally efficacious remedy as It stipulated deposit of 50% of the penalty or duty demanded held: because the remedy provided for in the Act is not equally efficacious remedy to bar the Writ jurisdiction. In that case the case of MA Hai vs. Trading Corporation of Bangladesh 1988 BLD (AD) ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......emoved the respondent No. 1 from his service. Thereafter respondent No. 1 as plaintiff filed the aforesaid suit for declaring his order of removal as void, illegal collusive, fraudulent and without jurisdiction and also for mandatory injunction on the ground that no notice was served on him and h..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......on arrived at by the courts below does not appear to be correct decision.” Thus, the concurrent findings were wrongly aside in revision and the learned Single Judge exceeded his jurisdiction not vested in law. 8. The plaintiff filed a suit for redemption of mortgage an..Category: Property Law | Date: | Hits: 64
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......s not maintainable. 8. The question is no longer res integra. It has been answered by this Court in Mujibur Rahman vs. Bangladesh, 44 DLR (AD) 111 in the following terms; “Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice ..Category: Constitutional Law | Date: | Hits: 151
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......ly 15, 1999. The Government Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is no..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......sp; January 16, 2000. The Constitution of Bangladesh, 1972, Article 102 The Paurashava Ordinance, 1977 (II of 1977), Section 21 In writ jurisdiction under article 102 of the constitution variation of population of constituencies can no..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....n 11(d) is a tenure, whether until an age of retirement, for a fixed term, or for a specific adjudicative task, that is secure against interference by the Executive or other appointing authority in a discretionary or arbitrary manner.” (P.675). 59. Such security of tenure is already assured by......all be secured framing law or rules or executive orders having the force of law under article 133…………76(8) The Administrative Tribunal The members of the judicial service are within the jurisdiction of the administrative tribunal…….76(10) Power of the parliament If the parlia..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......he financial institution, the creditor, stood dismissed for default. 4. According to sub-section (4) of section 5 of the Act the Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code, 1908 subject to the provisions of the Act. Sub-section..Category: Business or Commercial Law | Date: | Hits: 104
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ess is still on, the High Court Division ought not to have interfered with the matter on a disputed and controversial fact and resolved them on mere affidavits. High Court Division has exceeded the jurisdiction and taken upon itself the responsibility which lies on the shoulder of the Election C..Category: Election Law | Date: | Hits: 110
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ny workman may apply before the Labour Court for the enforcement of any right granted to him by or under any law but in the present case as respondent No. 1 was not a labourer he cannot invoke the jurisdiction of the Labour Court under section 34 of the Industrial Relations Ordinance. He submit..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......ion of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not debarred to comment on title. &n..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ...... interfere with the order maintaining the same view. 5. Leave was granted on the submission of the defendant appellant that the time for deposit was not finally fixed so that the court had jurisdiction to extend time which the courts below refused to do upon misconstruction of the order...Category: Property Law | Date: | Hits: 59
Category: Labour and Industrial Law | Date: | Hits: 163