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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. ......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
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......espect is to protect persons whose disabilities to fully understand the nature and effect of transfer of their property make them dependent upon or subject them to the influence of others even in the absence of deception or coercion whereby they transfer their property to their own disadvantage…â€......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....im is not supported by any authority of any Court. (5) The judgment passed by the High Court Division is not a proper judgment in appeal as the basic norm of disposal of a Criminal appeal has been totally deviated and the judgment is based more on surmises and conjectures than on assessment of ev......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......both the courts below failed to notice that by addition of some persons as per objection of the defendants, the plaintiffs had changed the character of the suit from a suit for partition and there is absence of vital element of partition in the plaint and that both the courts below did not read Exit......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
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. ......and others and R.S Khatian 185 Ext. E (i) in the name of Nikunja and others but the defendants could not produce any basis of the said recording so as to nullify the entries in C.S Khatian and in the absence of any evidence on record to show that either Ramkumar or Nikunja became the owner of the pr......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. ......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)
....igh Court Division that the writ petitioner could seek clarification/interpretation of the impugned order of respondent No. 1 in Civil Revision No. 1207 of 1999 before the High Court Division is totally unwarranted and uncalled for. 14. The observation of the High Court Divisi......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
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......2-12-1991 was started. 3. Police, upon the said F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Judge, Pabna, on receipt......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
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. ......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
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ....... Abdul Momen Chowdhury, learned Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evidence, oral or documentary whatsoever, to prove that respondent No. 1 was in ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and othÂers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant proÂvisions 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: ......ith reference to the relevant proÂvisions 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 undertakÂing to pay twice the amount of duty in case of failure, the appellants have acted without jurisdiction in refusing to allow the responÂdent to import the duplex board and accordÂingly 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. ...... none of the Courts below applied their mind upon evidence on record as to possession of the suit land but relying on Ext. 4 the award which is merely a dead letter having no force of law in the absence of it being made a rule of the Court and without considering that since the property is......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)
....lity and as such there was no arbitration in accordance with law or in the eye of law. Referring to the aforesaid clause the learned Additional Attorney General has further submitted that there being total lack of jurisdiction of the Arbitrator as the reference or appointment of the Arbitrator not b...... 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. ......Division would be in error, as in the instant case was in error, in entertaining the writ petition on the view that the Administrative Tribunal has no power to grant ad interim relief and that in the absence thereof there is likely hood of causing mischief by taking certain action by the authority. ......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 petiÂtioners 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. ......ack to Bangladesh till August, 1976 but the members of his family remained throughout in Bangladesh ; that he remained stranded in Karachi because of the alarming news he received about the absence of social security of the Urdu speaking nationals in Bangladesh ; that when the situation im......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
Abdul Malek and othÂers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....appellant before us. 3. The plaintiff respondents averred that .29 decimals of land of khatian 95,65 decimals of land of khatian no. 96 and 13 decimals of land of khatian no. 97 in total 107 decimals of land belonged to Serajul Haque Muktair who died leaving behind sons Ataul Haqu......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....ff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of certain undelivered goods and for compensation at the rate of 20% thereon, in total for a sum of Tk.5,77,500/- and interest and costs at the rate of 20% per annum till realizatio......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
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. ......is family in Bangladesh and was stranded there until he came back in Bangladesh in 1973 on Pakistani passport, which he surrendered and was given citizenship of Bangladesh and during his absence his son was managing the affairs of the industry when it was taken over by the Government; ......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
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
.... iron rod etc. entered into Brahmanbaria Head Post Office breaking grill of a window and killing night guard Abdul Mannan and treasurer Abul Kalam Azad and looted away cash money of Tk. 2,64,290/- in total breaking open the iron safes. In the morning the informant and others finding the grill of the......n could be based on his confession as the same is voluntary and true. He also submits that the confessional statement of co-accused cannot be the basis of conviction against other accused in the absence of substantive evidence. 8. It is on record that the accused Mafizuddin was arrested ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
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. ......averments in the written statement to that effect and evidence to be led on the pleadings and thus, it will not be proper at this stage reading the plaint itself in the absence of any other materials on record to follow the said decision, to hold that the suit as frame......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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