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Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......int involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the pl..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......and Appeals) Rules, 1976 as adopted by the Trading Corporation of Bangladesh. 3. The Enquiry Officer examined six witnesses in support of the charges framed and their evidence was taken in the absence of the appellant. After the inquiry report the appellant was provisionally removed from serv......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....authorised to decide whether a property is waqf or not when such a question is agitated. The persons involved in disputing such property may be person not interested in the waqf and person who is a total stranger to the waqf. From a reading of principal clause, it follows that we cannot artificial......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ...... Sections 47, 49 & 50 Mere enrolment of a property as a waqf property under section 47 of the Ordinance or under section 49 is not a decision under section 50. Section 50 The Administrators jurisdiction is attracted when dispute is whether a property is waqf or not. This question will have..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......t erred in not considering that unlike Criminal Procedure Code, the Special Powers Act provides only one procedure for taking cognizance, namely, upon a police report and precludes the exercise of jurisdiction by any Court for taking cognizance suo motu or upon receipt of a complaint. 5. T..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ...... A Court of Sessions and Special Tribunal are two distinct forums vested with distinct Jurisdictions though presided over by the same person. These two statutes do not permit the overlapping of the jurisdiction of the forum created under the two statutes…….(5) Taking of cognizance of a case..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....hich is based on wrong allocation of onus cannot be sustained. It has been stated earlier that the appellant's possession of the property, the pendency of the mortgage suit from 1954, to 1975 and the total lack of any evidence from the side of Enemy Property authority that the vendors of the appella......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......migrated from the then East Pakistan some time before the war of Indo-Pakistan in 1965. The High Court Division held that it was a disputed question of fact and so it could not be decided in the writ jurisdiction, and the learned Judges were of the view that the order passed by the Enemy Property ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ed. The amendment seeks to take away the Penal Code offences from the jurisdiction of the Special Tribunal. The intention of the framers of this amendment is apparent because of the manner in which a total abolition of jurisdiction over Penal Code offence of the Special Tribunal has been brought abo......the provisions of the Code. In this connection he referred to the following provisions of the Code:- (Sections 1(2); 5(2); 6; and 29) "1.(2). It extends to (the whole of Bangladesh) but in the absence of any specific provision to the contrary, nothing herein contained shall affect any spec......cedure, 1898 (Act V of 1898), Section 561 A. The Specials Powers Act, 1974 (Act XIV of 1974) Interpretation of Statutes After the amendment of the Special Powers Act by Act (LIX of 1974) the jurisdiction of the High Court Division to hear appeals from the judgments of Special Tribunal was t..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ...... which the respondent wants to agitate. This again is a matter which the learned Subordinate Judge could have decided only upon on assistance given by the petitioner which was denied to him by the absence of the petitioner on the adjourned date of hearing. We find no ground for interferenc......te for die petitioner, submits that in the facts and circumstances of the case section 8 of the Arbitration Act, 1940 was not at all attracted and as such the appointment of Arbitrator was without jurisdiction. 5. This is a technical objection which the petitioner could have raised before..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....gh Court has been taken in that if the decree is appealable to the District Judge, an order passed in revision by the High Court will be challengeable before a court of inferior jurisdiction which totally militates against the jurisdiction of the superior court. 13. Bearing this principl......he first is the failure of the interrogated party to comply with any order to answer the interrogatory, and the second is the interrogatoring party applying to the court impose the penalty. In the absence of an application, the exercise of jurisdiction will manifestly be illegal In the case of M......ed. The second part of the rule also provides a procedure for enforcing the penalty, and it must be on an application of the interrogating party, and upon such an application, the court assumes the jurisdiction to impose the penalty under this rule. The foundation for the exercise of the power u..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......nsequence of an order passed under section 146 of the Code of Criminal Procedure for a declaration simpliciter to the immovable property attached by the criminal Court and receiver appointed in the absence of a prayer for making over possession as required under section 42 of the Specific Relief...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ...... defendant No. 1 There is no boundary wall in between the two plots, and in fool it was inconvenient to build one as the northern portion of both the plots were low nal lands. Taking advantage of the absence of any boundary wall in between the two plots defendant No. 1, enlisting the collusive suppo......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... the High Court Division considered that no useful purpose would be served by directing retrial. 6. Leave was granted to consider whether (1) the High Court Division in the exercise of Writ jurisdiction could interfere with an order of conviction passed by the Special Tribunal and affirme..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....used persons, the sworn enemies of the informant party, were roped in as an after thought and careful planning by P.W. 1. 29. P.W. I Ekramul Huq (Tuku) is totally silent in his evidence as to from whom he heard about the occurrence, he admittedly not bei...... 5. Police Station Kalia lies 2 miles to the east of place of occurrence. P.W. 14 Sub-Inspector Sk. Wahidur Rahman was the Officer-in-Charge of the Police Station on the day of occurrence in the absence of the regular Officer-in-Charge. He stated in his evidence that on 11.6.85 P.W. 10 Alamgir......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
.... 7 now reads as follows: "7(2) A trade union of workers shall not be entitled to registration under this Ordinance unless it has a minimum membership of thirty per cent of the total number of workers employed in the establishment or group of establishment in which it is for....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......by the administrative ministry which is uncalled for in the scheme of the Ordinance, 1969. But the Registrar's Order dated 2.5.90 is plainly illegal not because there dispute, but because he had no jurisdiction, under the amended legislation, to consider the commercial management of the Biman an..Category: Labour and Industrial Law | Date: | Hits: 103
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
.... July 1976? The answer is clearly in the negative. Only some parts of these two plots were transferred. The areas thus transferred measure only 20 decimals out of 70 decimals of land, which is the total area of both the plots, 2574 and 2573. The learned Single Judge of the High Court Division al......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....to inform him about the date of hearing of the case will not be regarded as a sufficient ground for his non‑appearance. There may, however, be special circumstances indicating the learned Counsel's total dependence on his clerk because of his illness or such other good reason when a clerk's failur......ork, the measurement books, the outstanding bills for the balance after the receipt of part payments, the Supreme Court held that the decree could not be sustained in law. It was observed: "The absence of the defendant who asked for adjournment but refused to state reasons assigned therefore c......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......pension from the period of his compulsory retirement till final disposal of fresh inquiry proceeding. 4. The employee's contention is that the Administrative Appellate Tribunal acted without jurisdiction in directing the Corporation to hold a fresh inquiry. It is submitted that when the Ap..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......lant upon the view, inter alia, that as there was no complaint by the Court as required under section 195(l) (b) of the Code no cognizance could be taken in the case and the trial was thus without jurisdiction. 4. Respondent No. 1 took a revision, Criminal Revision No. 53 of 1984, to the ..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......ur Court by Writ Petition No. 113 of 1987; and the learned Judges of the High Court Division allowed the petition and reversed the Labour Court's order observing that the Labour Court exceeded its jurisdiction by sitting over the domestic tribunal's order as a court of appeal. 3. Mr. Sye..Category: Labour and Industrial Law | Date: | Hits: 79
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