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Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......spondent Judgment August 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....itioner Abul Bashar Chowdhury has already filed Title Suit No. 216 of 1994 in the 3rd Court of Subordinate Judge, Dhaka for partitioning the disputed plot claiming his share of 0.036 acres out of a total area of 0.69 acres and in that suit the order of maintaining status quo, passed on 4-10-95, ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same parties so the magistrate acted without jurisdiction initiating proceeding under section 145 of the Code of Criminal Procedure. Case..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....and the same was not a ground relatable to the order of detention and on the fact of the order it shows that it was not passed in terms of sub-section (1) of section 3 of the Act which manifests a total non-application of mind. ……………………&hell......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......ll be nothing to be satisfied upon. There cannot be any order under section 3. 18. What are grounds? They have been variously described in numerous decisions of different jurisdictions. On our part, the first case probably is that of Abdul Latif Mirza 31 DLR (AD) 1. It..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......within 60 days from the date of receipt of copy of this judgment. 3. Leave was granted to consider the following: “……………in exercising jurisdiction under Article 102 of the Constitution, the High Court Division committed error of law..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......ver by the Government and it was handed over to the RAJUK and it set up Uttara Model Town upon the land and that the petitioner’s claim of possession being disputed cannot be decided in writ jurisdiction. 5. Sub-section (1) of section 29 of the Town Improvement Act as amended by se..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......as maintainable on the facts and in the circumstances of the case. 11. In support the appeal the learned Deputy Attorney General first submits that the High Court Division acted beyond its jurisdiction in entertaining the writ petition since the dispute was a matter to be adjudicated upo..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....n on the right of a citizen can be imposed…………………………………(6) A search by itself does not operate as a total restriction on the right of citizen to hold and enjoy his property and as such action is temp...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......agreement involving interpretation of section 40(2) of the Ordinance. Further it was stated that while deciding whether the case is maintainable under section 50 of the Ordinance, the Court has no jurisdiction to give decision on continued binding effect of a terminated agreement under section 4..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......not an equally efficacious remedy as It stipulated deposit of 50% of the penalty or duty demanded held: because the remedy provided for in the Act is not equally efficacious remedy to bar the Writ jurisdiction. In that case the case of MA Hai vs. Trading Corporation of Bangladesh 1988 BLD (AD) ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... that PW 1 did not name the appellant Billal and PW 3 is a mere chance witness and his lone evidence against the appellant should not have been taken into consideration. He also submits that in the absence of any evidence who had murdered the victim conviction of the appellant under section 302 ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......emoved the respondent No. 1 from his service. Thereafter respondent No. 1 as plaintiff filed the aforesaid suit for declaring his order of removal as void, illegal collusive, fraudulent and without jurisdiction and also for mandatory injunction on the ground that no notice was served on him and h..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... of mortgaged property. But it did not take away right of redemption available to a mortgagor by filing a mortgage suit under Order 34 of the Code of Civil Procedure. Hence High Court Division was totally wrong to hold that the suit was not maintainable as the transaction was past and closed&hel......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......on arrived at by the courts below does not appear to be correct decision.” Thus, the concurrent findings were wrongly aside in revision and the learned Single Judge exceeded his jurisdiction not vested in law. 8. The plaintiff filed a suit for redemption of mortgage an..Category: Property Law | Date: | Hits: 64
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......s not maintainable. 8. The question is no longer res integra. It has been answered by this Court in Mujibur Rahman vs. Bangladesh, 44 DLR (AD) 111 in the following terms; “Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice ..Category: Constitutional Law | Date: | Hits: 151
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......ly 15, 1999. The Government Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is no..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......inding of the learned Judges of the High Court Division that Delimitation Officer considered territorial unity, the distribution of population and administrative convenience cannot be sustained in absence of any paper for such finding and that the impugned Notification finally published showing ......sp; January 16, 2000. The Constitution of Bangladesh, 1972, Article 102 The Paurashava Ordinance, 1977 (II of 1977), Section 21 In writ jurisdiction under article 102 of the constitution variation of population of constituencies can no..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....rs are not persons in service of the Republic for the purpose of Article 133 and hence the Rules regarding the appointment and conditions of service cannot be framed under Article 133. It will be totally unconstitutional if the subordinate courts are tagged with or brought under the control ......operly examining the provisions of Annexures-F & F(1). Thirdly, having regard to the status of Government service which permits changes in the service conditions by the Government and in the absence of any prohibition in varying terms and conditions of service and particularly in view of th......all be secured framing law or rules or executive orders having the force of law under article 133…………76(8) The Administrative Tribunal The members of the judicial service are within the jurisdiction of the administrative tribunal…….76(10) Power of the parliament If the parlia..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......ndent Judgment February 29, 2000. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 5(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of th......he financial institution, the creditor, stood dismissed for default. 4. According to sub-section (4) of section 5 of the Act the Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code, 1908 subject to the provisions of the Act. Sub-section..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ning any reason except stating in the order that he completed 25 years of service. In the leading judgment Munim J found the order to be bad for malice in law and arbitrary exercise of power in the absence of any guide line in the said provision of the Act. In that decision it was observed as fo......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....e lastly submitted that it is a settled principle of law that the High Court Division should be very slow to exercise its extraordinary writ jurisdiction in election matter unless there appears a total lack of jurisdiction by the relevant authorities to proceed with the electoral process and......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ess is still on, the High Court Division ought not to have interfered with the matter on a disputed and controversial fact and resolved them on mere affidavits. High Court Division has exceeded the jurisdiction and taken upon itself the responsibility which lies on the shoulder of the Election C..Category: Election Law | Date: | Hits: 110
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ...... 409 of the Penal Code and section 5(2) of Act II of 1947, which is triable under the Criminal Law Amendment Act 1958, in view of the provision of section 5(2) Code of Criminal Procedure and in the absence of any provision for revival of the case on the expiry of the period of 2 years provided in......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
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