Judicial Dictionary



Title Revisional jurisdiction
Details

We find that the trial Court has given a very elaborate judgement discussing the evidence and materials on record, and came to a finding based on those evidence and materials. The High Court Division in its revisional jurisdiction could only reverse those findings by specific reference to evidence and materials, which were not considered or were misread by the trial Court, which would have materially affected the decision had they been considered. We find that the trial Court and appellate Court have not misread any evidence nor left any material evidence out of consideration. In our opinion the decision of the High Court Division is not in accordance with the law and accordingly, the appeal is allowed and the judgement and order of the High Court Division is set aside. .....Younus Mia(Md.) =VS= Illias Ali Chowdhury, (Civil), 2018 (2) [5 LM (AD) 7] ....View Full Judgment


Revisional jurisdiction before the High Court Division against the order of the District Judge–
On this score since the revisional application lies against the final order of the District Judge under a special law, the respondents herein correctly invoked revisional jurisdiction of the High Court Division against the order of the District Judge passed in appeal preferred against an order of eviction by the Deputy Commissioner pursuant to the prayer of the Waqf Administrator. Hence on the question as to whether revision is maintainable we hold the same in the affirmative. .....Alhaj Dr. Chowdhury Mosaddequl Isdani =VS= Abdullah Al Munsur Chowdhury, (Civil), 2018 (2) [5 LM (AD) 85] ....View Full Judgment