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Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ality. In the final hearing of the case respective parties thereto would certainly be required to establish or prove their respective case completely or in other words conclusively. There would be total absence of alloy as regards establishment of the case either to have a relief sought from the...... Miah has been denied by the pre-emptees and thereupon it was the duty of the pre-emptors to establish the fact of Kulsuma’s and Rahima’s being the sisters of Ilias Miah because in the absence of establishing the said fact pre-emptors would not be entitled to have the relief prayed i...... Miscellaneous Cases. 5. As against the judgment of the 2nd Court of Subordinate Judge in the Miscellaneous Appeals, the pre-emptors moved the High Court Division in revisional jurisdiction and obtained Rules being Civil Revision No. 10141 of 1991 (against the judgment of Mi..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... although found that some of the allegations against the respondent was proved during the departmental enquiry but set aside the order of dismissal holding that the Superintendent of Police had no jurisdiction to dismiss the respondent, who was a sub-inspector of Police, under the provision of R..Category: Administrative Law | Date: | Hits: 116
....it was averred that plots where from the Society was evicted comprise land measuring 4.67 acres. It is seen from Annexure-T to the writ petition that the plots stated in the writ petition comprise in total 6.012 acres of land and the said plots are in occupation of the HBRI. In the afore state of th...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......owed.
The Constitution of Bangladesh, 1972, Article 102
Matter seriously contentiuns in nature requiring adjudication on the basis of evidence of detailed nature is outside the scope of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in summary manne..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....e by the evil design of Borodh Kanta Roy and that by representing untrue facts as regard the necessity of the money in support of transfer of the property left by Narayan Chandra and that there was total absence of the cases in the presence whereof Beloka Sundari, who had limited interest in the ......Borodh Kanta Roy obtained lease of 1.52 acres of land by a patta dated 24th March, 1944 (Exhibit B) executed by Beloka Sundari. It has also been averred by the plaintiff that Beloka Sundari in the absence of any necessity of money for the purpose for which in law she could make transfer of the p...... item Nos. 1 and 2 in the ‘Ka’ schedule of the plaint. 11. Thereupon, the defendant No. 1 and the plaintiff-appellant moved the High Court Division in revisional jurisdiction. Defendant No. 1 obtained Rule in Civil Revision No. 2783 of 1991 and the plaintiff-a..Category: Property Law | Date: | Hits: 47
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......d not impleaded 29 persons who were given seniority to him and the said 29 persons are directly affected by the order of the Tribunal, as such the said 29 persons are necessary parties and in their absence the case is not maintainable and the Tribunals below acted contrary to law in not dismissin...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......ions, submits that the order dated 30-7-2000 relates to the terms and, conditions of service and in view of the provision of Article 113 (sic) of the Constitution the High Court Division has no jurisdiction over the matter and, as such, the High Court Division was wrong in issuing the Rule a..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. .......e., terms of contract Exhibit I dated 15-8-1971 which speaks for 1 (one) month’s notice for terminating tenancy and provision of section 106 of the Transfer of Property Act regarding notice in the absence of contract, the requirement of law has been complied with. The notice under section 106 of ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ...... Petition) to the petitioner intimating that on l0th January, 2001 his price bid would be opened. 3. In the background of the said facts respondent No. 1 moved the High Court Division in its writ jurisdiction and obtained Rule challenging legality of the Board's decision dated 18th December, 200..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....he application filed by them can neither be allowed under Order I rule 10 or under Order XXII, rule 4 of the Code of Civil Procedure and the learned appellate Court below, misdirecting himself on a total misconception of law and facts erroneously allowed the application filed by the opposite part......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......eal No. 54 of 1985 and the said application was allowed on 22nd February, 1995. As against the said order plaintiff respondent in the miscellaneous case moved the High Court Division in revisional jurisdiction and obtained the present Rule contending that as no estate has been left by Badaruddin..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......stigation of the case and on completion of the same submitted charge-sheet against the petitioner. The petitioner was found absconding. Thereafter, a charge was framed against the petitioner in his absence but subsequently he was arrested and a fresh charge was framed which was read over to the ...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......he proceeds of the letter of credit from Bangladesh. The learned Counsel has further submitted that the letter of credit money already belonged to the defendants, which money should not leave the jurisdiction of the Court whereby any possible decree would be frustrated and, as such, there ought..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......rts below. Mistake or error apparent on the face of the record though cannot be precise or exhaustive, we did not find any such mistake or error apparent on the face of the record for invoking the jurisdiction of review. 4. A review is by no means an appeal in disguise..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......ate the member of the inquiry committee in order to conduct the election justly and fairly and in accordance with the provision of the said order. It is submitted that respondent No.1 acted beyond jurisdiction in not accepting the names of the judicial officers suggested by the Election Commissi..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ra Khatun, mother of the victim, though admitted in her cross-examination that PWs 8, 9 and 4 were not present in the house on the date the dead body was recovered but conversely the proved fact that absence of PW 8 on the date of recovery of dead body in any way affect the evidence of PW 8 that he ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....tra vires because the BRAC Bank memorandum was not subscribed to by seven persons and/or because it was not done in compliance with the requirement of section 14A of the Bank Companies Act, 1991 is totally misconceived. The BRAC Bank Limited’ submitted its Memorandum and Articles of Associ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... been incorporated seven months earlier, obtained a licence, and made all necessary preparation to commence business within a few days time, as it is not permissible, or appropriate, for the writ jurisdiction to be invoked or exercised for the purpose of winding up a Bank, in disregard of the ..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......t be questioned only on this account. 8. Mr. Ahmed next submits that the cause for filing of the suit for eviction being denial of the title of the landlord by the tenant the suit must fail in the absence of a notice under section 111(g) of the Transfer of Property Act. The submission has got no ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......e on 14-6-1976 asking him to file explanation to the Enquiry Officer who as well asked him to appear before him on 9-7-1976. The petitioner appeared and filed explanation denying the allegation of absence without leave and behavior of insubordination and unbecoming manner, disobeying lawful ord...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......f ownership of the petitioners in the land in question which should be left to be decided by the civil Court after consideration of evidence if it is so desired by the writ petitioners, for in the absence of any evidence and lawful decision as to whether Raghuram Moni had been in India from long......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......bordinate Judge, Thakurgaon for declaration that order dated 5-2-1979 and ancillary order dated 6-12-1979 passed by respondent No. 1 in Miscellaneous Case No. XIII-6/1977-78 is illegal, void, without jurisdiction and is of no legal effect and not binding upon the petitioner. 3. The learned Subor..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......petitioner but at the same time refused to order his reinstatement and a decision was taken by the Ministry of Agriculture for elimination of the petitioner from service on the ground of continuous absence for more than five years. Thereafter on 27-3-1995 the petitioner submitted a joining repor......ed from service. Against that AT Case No.201 of 1990 was filed by the petitioner which was allowed and the Tribunal set aside the order of removal on the ground that the borrowing authority had no jurisdiction to pass order of removal from service of the petitioner but at the same time refused t..Category: Administrative Law | Date: | Hits: 104
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