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Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that the lower Appellate Court on surmise and conjectures disbelieved the ..Category: Property Law | Date: | Hits: 86
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... was not conferred upon the Administrative Tribunal under Article 117 of the Constitution. The writ petitioners’ relief could not have been obtained from the Tribunal. They have rightly invoked the jurisdiction of the High Court Division under Article 102 (1) of the Constitution. The writ petition..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......sing the business. Rather we find that the plaintiff made a sweeping statement without any concrete allegations and material regarding the alleged attempt to dispose of or to remove the same from the jurisdiction of the Court and to close the business by the appellant.” Finally it was held that th..Category: Procedural Law | Date: | Hits: 134
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......estored those of the trial Court. Hence this appeal by the plaintiffs. 5. It is contended on behalf of the appellants that the learned Single Judge of the High Court Division has acted beyond his jurisdiction under section 115(1) of the Code of Civil Procedure in interfering with the factual dec..Category: Property Law | Date: | Hits: 88
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......ssed. Rules of the High Court Division, Chapters II & III of Part 1 (Volume 1) A single judge of the High Court Division acting as a vacation Judge during vacation is invested with all the jurisdiction that the High Court Division exercises provided there is urgency in the matter. Pecunia..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......y filing the aforesaid writ petition. 3. Several points were raised assailing the dismissal order including that the said dismissal order passed by the Director General of the Academy was without jurisdiction because the respondent was appointed by the Parishad of the Academy and it was alone co..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......ng such a view.” “That there being no legal bar for the plaintiff to release his claim for supply of spare parts, provisions and laundry services from the defendants in the admiralty jurisdiction the High Court Division was wrong in dismissing the suit.” “That the H..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......pen the same matter afresh after losing upto the Appellate Division. When plaint cannot be rejected under Order VII, rule 11 of the Code the same can be rejected taking recourse to Court’s inherent jurisdiction under section 151 of the Code…………………………(12) Lawyers Involved: ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......fendant- petitioners, submits that under section 6 of the Artha Rin Adalat filing of a revision against an order of Artha Rin Adalat before the High Court Division is barred but under the supervisory jurisdiction of the High Court Division in exercise of Article 109 of the Constitution, the High Cou..Category: Business or Commercial Law | Date: | Hits: 148
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......though the High Court Division do not agree with the finding arrived at by the Court of appeal below on consideration of the evidence on record. 24. Thus the High Court Division exceeded its jurisdiction conferred under Section 100 of the Code of Civil Procedure in disturbing the concurrent..Category: Procedural Law | Date: | Hits: 112
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......ht and R.S. Khatian No. 17 in the names of the plaintiff respondents have no basis but the High Court Division committed an error of law in reversing the decision of the appellate court in revisional jurisdiction. 6. We have heard Mr. Abdul Wadud Bhuiyan, the learned Counsel for the appel..Category: Property Law | Date: | Hits: 63
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... Appeal Nos. 31 and 30 of 1994 respectively before the court of District Judge, Chittagong and both the appeals were dismissed. The respondent Nos. 3 and 4 moved the High Court Division in revisional jurisdiction and obtained a Rule being Civil Revision No. 1207 of 1999 against the judgment and decr..Category: Property Law | Date: | Hits: 57
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ...... charge sheet under the aforesaid law. More so, according to the learned Advocate-on-record, the Tribunal itself gave order to submit charge sheet under the Ain although the Tribunal had no such jurisdiction to do same and the High Court Division ignoring said glaring illegality passed the impu..Category: Criminal Law | Date: | Hits: 81
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... No. 542-L/84/885 CUS dated 10.12.1984 for temporary importation of packing materials for re-export undertaking to pay twice the amount of duty in case of failure, the appellants have acted without jurisdiction in refusing to allow the respondent to import the duplex board and accordingly the ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......rmanent injunction the main issue was the factum of possession but the learned Single Judge without determining this primary and vital issue, decided the title and merit of the suit in its revisional jurisdiction and wrongly reversed the decision of the Courts below and that both the trial Court and..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......aneous Case No. 71 of 1991 declaring the award dated 21.9.1991 signed and delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal,..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......on dated 23.12.1998. 6. Leave was granted to consider the contention that complain as to seniority being term and condition of service and thus being matter for adjudication within the exclusive jurisdiction of the Administrative Tribunal and the writ petitioners having had filed case before ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......llant that the finding of the High Court Division that the suit is not maintainable is erroneous in as much as civil court has inspite of the provision of Articles 13,14 and 16 of P.O. 16 of 1972 has jurisdiction to examine whether the provisions of the law have been complied with or to see whether ..Category: Civil Law | Date: | Hits: 128
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......f justice, review petition should not be entertained lightly. The provisions under Articles 23 and 24 of the President’s Order 16 of 1972 are intended to cover only orders passed with jurisdiction and these provide no protection to orders passed without jurisdiction. An order passed..Category: Property Law | Date: | Hits: 97
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......y postpone even the settlement of issues of fact until the disposal of the said issue of law. The compliance with this rule is particularly when the issue of law raises the question of jurisdiction of the Court to try the suit, as has been alleged by the respondent in the present case..Category: Employment/Service Law | Date: | Hits: 211
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