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....se of discretion by the Government when it proposes to retire a Government servant from amongst a group of Government servants similarly situated and holding similar jobs, there invariably exists the scope for arbitrary exercise of such discretion.
Discretion of the relevant authority must be see....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
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Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....of a member of the disciplined force and, as such, orders impugned is not immuned from judicial review. But where an order is passed retiring a member of disciplined force such an order is beyond the scope of judicial review under Article 102 of the Constitution as such the order comes within the pu...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....plication for Letters of Administration the learned Judges observed, "there is no limitation against the propounder for making an application for Letters of Administration. In our opinion there is no scope for speculation in search of suspicion." 9. Being aggrieved by the judgment and order of th...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....risdiction under section 25 S.C.C. Act does not confer power of revision of an order under section 28A. It must be remembered that the Small Cause Courts Act is a self-contained Act and there is no scope for invoking a revisional jurisdiction by way of reference. Section 28A was inserted by the Pr...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......ned section. The case was ultimately transferred to the Court of Senior Special Tribunal Narayangonj where it was registered as Special Tribunal Case No.213 of 1996. The accused petitioner prayed for bail in the Court of Special Tribunal but his bail prayer was rejected by the learned Judge vide his..Category: Criminal Law | Date: | Hits: 90
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....mitted that the respondent No. 6 acted in excess of his jurisdiction in entertaining the counter‑claim for a sum which being not ascertained requires determination on evidence and hence outside the scope of Order 8, rule 6(1) of the Code of Civil Procedure. It is also submitted that the impugned j......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....a revisional application against any interlocutory order passed by the Artha Rin Adalat. He further submits that the Artha Rin Adalat is a special forum constituted under the special law with limited scope and it is a Civil Court for a limited purpose and it is not a Civil Court in the ordinary sens......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
..... It is clear, as it appears from the terms of old Section 34, that the jurisdiction of the Labour Court could be invoked under Section 34 only if there was an existence of an industrial dispute. The scope of this Section, however, was widened to a certain extent by an amendment dated 17.10.70 by re......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....te to RAJUK, the respondent no. 4, on 01.09.2009, seeking permission to use the premises of the National Shooting Federation on commercial use and the said respondent replied to say that there was no scope to grant such permission in violation of clause 1 of the RAJUK’s registered lease agreement ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....tion 197 of the Code of Criminal Procedure is fully applicable in the present case. We shall discuss some of the decision referred by the leaned Advocate for the petitioner in respect of sanction and scope of quashing of the proceeding, invoking jurisdiction of this Court under section 561A of the C......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....ucture of the Constitution. 10. Hence, keeping in view the conflicting is on the views taken by two Benches of the Division point that the impugned Act was an amendment to the Constitution and the scope and extent of the reference recommended by their Lordships, the learned Chief Justice constitu......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......the Penal Code on 30-11-80. One of the co-accused made a confession implicating appellant No.1 Abdul Gafur Sarder. The confession was, however, subsequently retraced. 4. Appellants' prayer for bail was rejected by the Sessions Judge, Bogra. Thereafter they moved the High Court Division for ba..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....rs Act, the provisions of this section will apply and withdrawal may be permitted in accordance with the terms of this section. 5. We now turn to the second limb of the question which is about the scope and ambit of sec. 494 of the Code. The provision of the section may be set out- "Any Public......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....e of moveables and immovables. This was clearly done by the present instrument and therefore it has to be stamped as a mortgage deed because that is all it is. It was done so expressly. There is no scope for interpretation of written document which the parties have expressly put into in writing. T......57)". Therefore, in construing a document these salient features are to be kept in view. 12. As regards moveables the transaction may be merely a pledge where possession is given but there is only bailment and not transfer of the property or a mortgage. A mortgage of moveables, if not accompanied..Category: Fiscal/Taxation Law | Date: | Hits: 269
....assuming that there has been a mistake, though it has not been established to be so it shows the lack of proper application of mind on the part of the authority concerned. Next, there is considerable scope for doubt whether, after the promulgation of the Abandoned Property Order, 1972, any propert......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
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Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
.... it is necessary to go into the validity of his contention as to the meticulous observance of the exact date of expiry of the tenancy upon which the notice should also expire. There is, therefore, no scope for application of the principles enunciated in the cases cited by him. 14. Reference may......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
.... Halim Sarder who is none else than the Sub-Editor of the Daily Janamat of which Bidhan Kumar is the editor (and this signature of Bidhan) tallied with Ext. No.5(21), 5 (29) and 5(39). So there is no scope for saying that the signature appearing on Ext. 4 and 5 series are not of Bidhan Kumar. Mr. Si......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....appeal below that the proceeding was not taken under the Bengal Tenancy Act, but under the Civil Procedure Code and it is to be held that it was disposed of as a money decree and as such there was no scope for interference with the order of the Court of appeal below by the High Court Division. In......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....field that the adoption as claimed by respondent No.1 took place some time before the actual execution of the document of adoption. So far as the factum of adoption is concerned there is hardly any scope to re-open the issue. On the subsidiary question, namely, whether a married Sudra could be a......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...Category: Company Law | Date: | Hits: 164
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....er section 145 of the Code by the learned Magistrate on 28-5-1997. Since both the Courts below found the first party was in possession of the case land on the date of drawing proceedings, there is no scope to interfere with the same in this proceeding under section 561A of the Code by this Court. We......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
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