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Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ired to be clarified, in the following words:— "Who constitutes a promoter in any particular case is therefore a question of fact. The expression has never been clearly defined either judicially or legislatively, despite the fact that it is frequently used both in decisions and statu....... The Managing Director of the company shall act as a Member Secretary of the Election Commission as directed, who will give full assistance and cooperation to the Commission in discharging its functions. In the respect of election my attention was drawn to the reality that though in the respe..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....ion by its judgment and Order dated 13-11-2008, held inter alia:— a) Under Article 142 (1 A), the preamble of the Constitution, amongst others, can only be amended by a referendum. b) The judicial power of the Republic is vested upon the Supreme Court under Part VI of the Constitution bu......Care-taker Government was to give all possible aid and assistance to the Election Commission that may be required for holding the general election of members of Parliament. Under Article 58D (1), the functions of the Caretaker Government is restricted only to the routine functions of the government ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....at notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, this Hon’ble Court is yet entitled to exercise its power of judicial review under Article 102 if the action complained of is found to be coram-non-judice, with...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....red in law in directing the appellants to resort to partition suit for recovery of encroached acquired land. c) the High Court Division committed gross error of law and traveled beyond the scope of judicial review in exercise of jurisdiction under Article 102(2)(a)(i) of the Constitution in direct......on at p.523 ‘eminent domain’ is defined as under: "The power to take private property for public use by the State, municipalities, and private persons or corporations authorized to exercise functions of public character..... In the united States, the power of eminent domain is founded in b..Category: Property Law | Date: 15 May, 2011 | Hits: 100
.... Republics having written Constitutions, in order to establish and enforce the fundamental rights of its citizens and also to prevent illegalities.
19. Next, I shall consider how the doctrine of judicial review came into being.
In the United States of America, Article III of its Constituti......sentially a democratic one. In order to run the Republic, a charter is required, which would recognize the existing sovereignty of the people with their rights and obligations. It also delineates the functions of the Republic. This charter creates the institutions and functionaries of the Republic, ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
.... not under the definition of a Judge and the same is beyond the scope of law. 9. In our humble opinion every Judge should remember that they are bound by law, not by emotion or any order extra judicial matters and every Judges must keep themselves above the emotion, gender, caste and creed of......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......ate, from any person whom he knows to have been, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by hint, or having any connection with the official functions of himself or any public servant to whom he is subordinate, or from any person whom he kno..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....e the trial court with an intention to face the trial having no intention to become fugitive and the appellants have got fair chance of acquittal in this case and the trial court without applying his judicial mind rejected the prayer for bail of the appellants most illegally and as such the impugned......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
.... such he may be enlarged on bail and the trial court failed to consider this aspect of the case while rejecting the prayer for bail of the appellant and passed the impugned order without applying his judicial mind and as such the impugned order is liable to be set aside. The learned Assistant Att......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ...... Association. In that view of the matter the impugned order signed by respondent No. 7 on behalf of respondent No. 4, which is neither a statutory body nor a local authority or person performing functions in the service of the Republic the instant Rule is not maintainable. In support Mr. Islam ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....ted by the case of Government of Bangladesh Vs. Mashiur Rahman reported in 50 DLR (AD) 205 where in their lordships held "It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any Court of law whenever ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....99 was neither given the status of any regulation nor was it ever published in the official Gazette in the form of a regulation. Therefore, it had never any force of a law. It is not conceived in any judicial system, which upholds rule of law that by any resolution or decision any law can be repeale......ion as the Managing Director for about 11 years even after expiry of the 60th year of his age, the respondents impliedly approved his appointment and thereupon he acquired vested right to perform the functions of the Managing Director until the Board would decide otherwise and as such now the respon..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....nt is void, inoperative or is incapable of determination by arbitration.
(3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, arbitration may be commenced or continued and an arbitral award made."
......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....9. The Supreme Court of India in Arjan Singh Vs. Kartar Singh, 1951 AIR SC 193 held as under:
"The discretion to receive and admit additional evidence is not an arbitrary one, but is a judicial one circumscribed by the limitations specified in Order XL, rule 27, Civil PC If the additi......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......al appearing of behalf the respondent Nos.1 and 2, submits that under Rule 44 of the Tenancy Rules, 1955, the director of land records and surveys has been vested with the powers to discharge all the functions of a revenue officer under Chapter XVII of the State Acquisition and Tenancy Act, and, tha..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ...... High Court Division may, if satisfied that no other equally efficacious remedy is provided by law- (a) on the application of any person aggrieved, make an order-(i) directing a person performing any functions in connection with the affaires of the Republic or of a local authority ... to do that whi..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....be derogative to Articles 66 and 124 of the Constitution of the People's Republic of Bangladesh and thereby the High Court Division has taken a partisan view of the whole matter based on a prejudicial and wrong presumption about an independent candidate and thus committed an error of law......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
.... Advocate appearing for the condemned-prisoners submits that there is no eyewitness of the alleged occurrence in this case and that the conviction of the condemned-prisoners are solely based on the judicial confessional statements made by them which have been extracted from them by exercising thre......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... etc. or fine in such salish by a private person is bereft of any legal authority and is illegal.” The learned advocate points out that the Hon’ble Judges further held that “imposition of extra-judicial punishment is beyond the Constitution and is punishable under the law. The Government shall...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....opholes in the prosecution case causing reasonable doubt as to the condemned-prisoner’s culpability. The result, it is submitted, is a judgment hot benefiting from the application of the Tribunal's judicial mind and, therefore, liable to be set aside. 6. A perusal of the Judgment reveals that...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
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