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State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....ute that the territorial jurisdiction of the Divisional Special Judge is wider as it covers all the districts of the Division; but this wider territorial jurisdiction has not conferred upon him any higher authority than that of the Senior Special Judge. In relation to the Senior Special Judge, th...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ution transferred to a Court composed of members of lower judiciary jurisdiction which, at the time the Constitution came into force, was partly exercisable only by a Court composed of members of the higher judiciary. If the nature of the jurisdiction, not the mere form, is such that it was exercise...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ght to the notice of Government that in some areas the land‑holders were selling out or otherwise transferring all kinds of lands including waste lands in their khas possession on a large scale with a view to get a greater benefit out of the provisions of the East Bengal State Acquisit..Category: Others | Date: | Hits: 178
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....n 105 TP Act and that the right therein is heritable and not personal to vanish with the tenant’s death. The right on inheritance is same as that of the original tenant and not in any way better or higher than his right. On re‑consideration of the previous decision in 32 DLR (AD) 171 case in the......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....on his part if he would have appeared before the learned Judge for expunction of the impugned remarks with an application in accordance with law. Instead the appellant straight away approached the higher court and obtained special leave to appeal. &n......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....g which may result in a conviction under some other section. 8. Though there is a conflict of judicial opinion held by different High Courts, it seems there is little difference at the still higher level except the one expressed by Akram, J. In this connection reference may be made to two ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....he money which is deposited into court as security shall abide the order the Court and the attaching creditor cannot claim priority; and the second principle is that, the attaching creditor has no higher right than that of the debtor, whose money he wants to attach. Taking the two principles tog......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....is well established rule of interpretation of statute, that curtailment or abolition of jurisdiction of a Court must be by clear language, and when it affects the jurisdiction of the higher Courts the curtailment or its abolition can only be done or taken away by dear, unambiguous ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... Ikrar or acknowledgment in general stands upon much the same footing as an admission as defined in the, Evidence Act, acknowledgments of parentage and other matters of personal status stand upon a higher footing that matters of evidence, and form a part of the substantive Muhammadan Law. So far a...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....old of which four tenders were submitted. The tender of contractor Hazi Mansur AH Biswas was accepted by the tender committee presided over by the petitioner although the rate quoted was 9'25% higher than the estimated amount. The work order was issued on 20-11-64 without the approval of the......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....iprocal arrangement between Executive authorities of India and Bangladesh. Such an arrangement having been contained in the legislative instrument of the respective countries ordinarily have a higher sanctity than a reciprocal arrangement concluded between the Executive authorities of the r......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... "An elected public body is in a very different position from a private employer. Many of its servants in the lower grades are in the same position as servants of a private employer. But many in higher grades or offices are given special statutory status or protection. The right of a man to b......ncies of modern Welfare State, which aims at harmonising democratic process with socialist economy, have forced the State, to undertake various economic, social and public health measures on national scale. Sometimes existing undertakings are nationalised to achieve the welfare goal. The preamble ..Category: Employment/Service Law | Date: | Hits: 170
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
.... Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The National Board of Revenue passed the impugned order refusing to grant antedated seniority. NBR is the final higher administrative authority for the purpose of granting antedated seniority so the question of ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
.... The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 12(1) & 15 Promotion of the Employees of the corporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regulation 1......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
.... unauthorisedly without the consent of the Election Commission in violation of the said Order and was therefore an illegal order. The Election Tribunal found that the petitioner obtained 2795 votes higher than respondent No.1 in the remaining 72 polling stations. In the disputed I I polling stati......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..Category: Others | Date: | Hits: 119
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....al. 9. The two provisos under section 4(2) of the Act read as follows: "Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and ......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......s to when walk‑out ended and boycott began is immaterial. It has been urged with varying emphasis by SR Pal, Asrarul Hossain and TH Khan that a walk‑out or boycott being in the nature of a mass‑scale absence from Parliament as a measure of protest and or with an element of force (in the case o..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....x in the Law of Insurance, 3rd Edition, 1970 at page 25 where it is stated: "Once a phrase has been given a definite meaning by the Courts for a 4ong period, not even a court of higher jurisdiction will overrule earlier decisions on the matter". 15. The quest......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nquiry officer or committee to examine and report on the allegations against the officer or employee. The status of the enquiry officer or member of the committee, as the case may be, should be higher than the accused. (4) At that enquiry oral evidence shall be heard and recorded a......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134