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Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......uired in the aforesaid LA Case, we are of the view that the action taken by the Respondent Nos.6 and 7 by demolishing the structures of the present petitioners in absolutely illegal and without jurisdiction. 11. Then it went on to say: Considering the facts and circ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....th those Tribunals surprisingly failed to take into consideration the undisputed facts noted above which amounts to non-consideration of the essence of evidence on record which has occasioned in a total failure of justice. For the reasons mentioned above, we do not find any illegality in......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......luding the rules referred to by the learned Judge, respectively held and upheld the re-counting of votes and the same being a question of fact was not amenable to interference in the revisional jurisdiction and that the principles referred to the decisions noted in the judgment are not appli..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......transaction was collusive and mala fide. It was specifically alleged in the plaints that since defendant No. 1 did not act in accordance with Article 34(1) of the said Order the court can see and has jurisdiction to see the mala fide and illegal acts and deeds of the defendants. Accordingly, the com..Category: Property Law | Date: | Hits: 77
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......d to the last submission of the learned Advocate for the petitioner as to remitting the case for converting the same into one under section 25 of the Standing Orders Act, it can be said that in the absence of compliance with the statutory requirements as contemplated under section 25 of the Act o......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..Category: Labour and Industrial Law | Date: | Hits: 94
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......lection petition, the provisions of the Code of Civil Procedure will apply to appeals as well. The Order does not expressly debar dispensing with service of notice on non-contesting parties. In the absence of such a bar the learned Judges of the High Court Division do not appear to have committed......997. The petitioner being aggrieved thereby now seeks leave to appeal therefrom. 8. The gravamen of the petitioners’ grievance is that the High Court Division has traveled beyond its jurisdiction in dispensing with the service of notice of the appeal upon the non-contesting parties..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....hus from overall consideration of the mark sheet we find that petitioner failed to obtain 18 qualifying marks out of 25 marks earmarked for the interview and he also obtained 68.42 marks in the total out of 100 marks which is also less than the total marks obtained by each of the other 11 ca......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ...... Respondent Nos. 9-10 filed another affidavit-in-opposition. Among others, objection was taken on the ground that the writ petition was not maintainable as the Administrative Tribunal had exclusive jurisdiction in the matter under Article 117 of the Constitution. The respondents’ contention..Category: Employment/Service Law | Date: | Hits: 63
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......d directed her to comply with the same The civil Court being in seisin of the, entire matter the direction given to file the petition of complaint before a criminal Court which has no independent jurisdiction to interpret an order of the civil Court is uncalled for in the facts of the case.&nb..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......e that in a case of appointment of a next friend of a deity upon the death of the existing shebait /next friend any person interested in the endowment for the deity could be considered in the absence of a managing shebait or a shebait acting adversely to the interest of the deity. ...... “The question is, can such a person represent the idol when the shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle, we do not see any jurisdiction for denying such a right to the worshipper. An Idol is in the position of a minor and ..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......ging the Rule Nisi. 2. The petitioner filed the writ petition challenging two orders dated 16-6-98 and 17-6-98 by which ward Nos. 17 and 19 of Dhaka City Corporation were taken out of his jurisdiction as a Nikah Registrar. The petitioner’s case is that he was first appointed Nikah..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......amp; others………………………... Respondents Judgment April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relations......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......t of a list of persons appointed in the service of the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitutio..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......was also challenged on additional grounds in this Division, which were negatived. It was found by this Division, inter alia, that no case has been made of malafide or coram non judice or excess of jurisdiction. 5. Now the petitioner submits that after the dismissal of his civil petition ..Category: Employment/Service Law | Date: | Hits: 89
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......f the Criminal Law (Amendment) Act, 1987 (Act XIII of 1987) the trial of the accused-respondent having not been concluded within the period of 2 years with effect from 20-1-87, it was held without jurisdiction and in consequence thereof the conviction of the accused is not sustainable in law and..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......cation before the revisional Court for adducing additional evidence to show that the plaintiff’s service was terminated by the competent authority but the High Court Division, exercising revisional jurisdiction, wrongly held that a revisional Court could not consider any new evidence at this stage..Category: Employment/Service Law | Date: | Hits: 98
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......he Public Servant (Retirement) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary relief, rightly refused to exercise their discretion in fav..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......his appeal is, whether the application filed by the respondent under section 4(2) of the Administrative Tribunals Act, 1980 (Act No. VII of 1981) was maintainable and whether the Tribunal has jurisdiction to interfere with the order complained against. 3. The case of the respondent..Category: Administrative Law | Date: | Hits: 148
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......etary, Ministry of Law and Justice has been issued illegally and is without any legal effect. 2. The respondent serving as an Assistant in the Gulshan Sub-Registrar’s office under the jurisdiction of Gulshan Police Station was transferred by the said impugned order to the Sadar Sub-..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
.... guns and killed four persons, the High Court Division without any rhyme or reason wrongly altered their conviction from under sections 302, 149 to section 304 Part-I of the Penal Code and passed a totally inadequate sentence causing a grave miscarriage of justice. The High Court Division upon a ...... made in disregard of the proved facts of the case. Lastly, leave was granted to consider that the apparent inconsistencies in the findings of fact in the impugned judgment show that there has been absence of balance in the whole judgment which needs re-consideration. Leave was granted as against......section 304, Part-I of the Penal Code. All we can say is that such type of inconsistency and contradiction mar a judgment of a Supreme Court. Alteration of conviction is of course fully within the jurisdiction of the High Court Division, but that cannot be done by once rejecting their evidence i..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......rity that if the President acts malafide the pleasure theory is in any manner truncated in the case of military personnel. He has failed to do so and the several cases he has cited from the Indian jurisdiction are cases in respect of civilian employees where malafide has been taken into consider..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....gment February 8, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XIV, rule 1 Learned judges of the High Court Division indulged in the discussion on polygamy in Islam totally unnecessary which was neither an issue in the suit nor required to be decided in the contex......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ...... the suit nor required to be decided in the context of the pleadings of the parties. The exercise undertaken by the learned Judges was not only gratuitous but wholly illegal being not within their jurisdiction under the Code of Civil Procedure. In a recent case relating to maintenance of a divor..Category: Family Law | Date: | Hits: 158
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