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State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......s Judge without holding a fresh trial convicted and sentenced the respondents on the basis of the evidence recorded in the Special Martial Law Court his judgment and order were illegal and without jurisdiction. The learned Judges of the High Court Division upheld the said contention and in suppo..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... ground was urged by filing an application by the learned Additional Attorney-General as to the maintainability of this application before the Tribunal itself. The said ground being related to the jurisdiction of the Administrative Tribunal in entertaining the application was allowed. The ground..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....nstitution or law. The Court will have to decide in each case, particularly when objection is taken, not only the extent of sufficiency of interest but also the fitness of the person for invoking the discretionary jurisdiction under Article 102 of the Constitution, Ordinarily, it is the affected par...... or any citizen or an indigenous association, as distinguished from a local component of a foreign organisation, espousing that particular cause is a person aggrieved and has the right to invoice the jurisdiction under Article 102: Per Mustafa Kamal J delivering The Full Court Judgment. ……(47-48..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......s as substituted plaintiffs in the decree in question by way of correction. This submission of Mr. Aziz is not correct and acceptable in view of our above noted finding regarding the court’s jurisdiction under the provisions of C.P.C. 17. Besides, this Division in the case o..Category: Property Law | Date: | Hits: 88
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
...... dated 2-4-97 of the CMM taking cognizance as aforesaid.
5. The learned Sessions Judge by his judgment and order dated 1-6-97 held that the CR cases were liable to be quashed and since he had no jurisdiction to quash he made a reference (3) to the High Court Division under section 438 of the Co..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......our of the plaintiffs and the Advocate Commissioner’s report justly, passed the order of mandatory injunction and the High Court Division was wrong in setting aside the said order in its revisional jurisdiction. 6. We have considered the submission and also perused the judgment of the High Co..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......f 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence……&helli..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......that he does not object to the High Court Division’s deleting the order for further investigation, but it should have been made clear that the learned Magistrate instead of excluding his own jurisdiction by adding the higher sections i.e. 326 and 307 without considering the materials befor..Category: Criminal Law | Date: | Hits: 74
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......d to find that the accused had any knowledge about the proceeding because of the fact that at the relevant time he was living abroad. So the learned Additional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunity to the accused concerned t..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......ected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. The matter was fully cognizable by the Adminis..Category: Administrative Law | Date: | Hits: 125
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....gment July 23, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercise......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ..Category: Procedural Law | Date: | Hits: 109
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......e consideration of sub-clause (a) or (b) of clause (4). Generally speaking, impeding the assessment and collection of public revenues is otherwise harmful to the public interest. In cases where no jurisdictional issues are involved and when the manufacturer, trader or importer usually passes on ..Category: Criminal Law | Date: | Hits: 119
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......¦â€¦.. Accused-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Special Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) o..Category: Anti-Corruption Laws | Date: | Hits: 81
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......nly required to state by Notification in the Official Gazette the grounds of its opinion, not its satisfaction or formation of opinion. 8. Mr. Md Abdur Rashid next submits that in exercising its jurisdiction under section 99D of the Code of Criminal Procedure the Special Bench was required to b..Category: Others | Date: | Hits: 122
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Referring to the principles of law laid down by this Division in the case of Abdus Satter vs. Suresh Das 32 DLR (AD) 170, the learned Counsel submits that although the scope of exercising revisional jurisdiction under section 25 of the Small Cause Court Act is wider than under section 115 of the Co..Category: Tenancy Law | Date: | Hits: 93
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ...... without considering that two contradictory orders will lead to anomalies. 5. The learned Judge of the High Court Division found that the plaintiff-respondent has rightly invoked the jurisdiction of the learned District Judge under section 73 of the Trade Marks Act, 1940 which is a..Category: Intellectual Property Law | Date: | Hits: 242
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......h Court Division, because the order of return of the plaint has presumably been passed under Order VII rule 10 CPC being appealable under Order XLIII rule 1(a). 12. The trial Court acted without jurisdiction in ordering return of the plaint and therefore the revisional jurisdiction was rightly ..Category: Property Law | Date: | Hits: 83
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......gistration) Act, 1974 (LII of 1974), Section 4 The Muslim Marriage and Divorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is ma..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ...... 28. Mr. KS Nabi, learned Attorney-General, besides adopting Dr. Kamal submission, submits that the question of selection of Bohmong Chief, being an executive decision, is not amenable to the writ jurisdiction and therefore the writ petition’s was not maintainable. 29. This point was not ar..Category: Civil Law | Date: | Hits: 203
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....y or in an unlawful manner. He further argued that since a proper Court, namely, the Family Court, was in seisin of the matter of guardianship, the High Court Division ought not to have exercised its discretionary jurisdiction and foreclosed the said proceeding. 31. It appears that the High Court...... in the High Court of Justice (Family Division). The said court passed an order on 12-7-1995 directing that the children be made wards of the court and that they be returned by respondent No.1 to the jurisdiction of the said Court. By a further order dated 14-7-1995 the said court directed that resp..Category: Family Law | Date: | Hits: 250
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