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Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....budgets and to maintain funds." 6. Before the High Court Division, Respondents‑ State defended the vires of the impugned Ordinance saying that Fundamental Principles of State policy are not "judicially enforceable", that these Principles are not laws but are simply guide‑lines for the Sta......, such as woman and some official members. The Ordinance (59 of 1982) also provided for re‑organisation of the general administration of the country at Upazila level by transferring some powers and functions of the Government to the Upazila Parishads. These functions were called "transferred subje..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... 7. It was held that the report of the contemner, a holder of a Masters degree in Journalism, and a practising Advocate, appearing for the plaintiffs, is not a fair and accurate report of a judicial proceeding, not a fair comment on the merits of the case and it has scandalised the Court ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....ereon in his name in pursuance of clause 24 of the original lease deed and annexed therewith certified copy of the registered sale deed vide No. 2823 dated 28.6.86, agreement on Tk. 3.00 non‑judicial stamp duly signed by the appellant and an undertaking on non‑judicial stamp duly sig......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......ppoint or employ, in such manner and on such terms and conditions as may be approved by the government such officers, advisers and employees as it considers necessary for efficient performance of the functions of the Trust." Rule 2(1)(a) of the Service Rules, 1979 reads as follows: "2. (1)(a..Category: Employment/Service Law | Date: | Hits: 93
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... who is employed mainly in a managerial or administrative capacity. "Under section 2(h) of this Act, any person employed in such an establishment to do "managerial or administrative" functions falls into the class called “employer". In the corresponding provision of the ..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... as already referred to above. 6. Mr. TH Khan, learned advocate for the plaintiff‑appellants, has submitted that the impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the case and the law applicable in thematter of addition of p......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....nds for believing that he has committed such an offence. From the language of section 497 of the Code of Criminal Procedure it in abundantly clear that this section enjoins upon the court to exercise judicial discretion in the matter of granting bail for ascertaining whether the materials placed bef......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the matter of fixing of dates and adjournments in Chapter 7 and of particular relevance thereto is the Note to Rule 125, which as follows: "Note.-The Supreme Court does not issue judicial orders by telegram, and the action to be taken by a Court in regard to telegrams said to ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......by the President's Order No. 91 of 1972 providing for constitution of the Appellate Division of the Bangladesh High Court from 3 August 1972. The Appellate Division was vested with same powers and functions as of the erstwhile Pakistan Supreme Court. The appellant claimed that he was entitled to..Category: Others | Date: | Hits: 92
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....stice that a judge must have freedom and independence of judgment. But in doing so, a judge must be very restrained and should not make sweeping and disparaging remarks against the law makers. The judicial pronouncement must be judicial in nature and should not normally differ from sobriety, mod...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....e literal meaning of words by reference to the object of a statute is well established." 9. Accordingly, we hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave under rule 18 of the said Order. Further, if a very rigi......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....987 was heard in June, 1990 and when the learned Attorney‑General informed the court that the Government was contemplating whether the decision of the Appellate Tribunal should be brought under the judicial review of the Appellate Division, the last Court in the country the judgment was reserved. ......ation Act, 1904‑1952 the Commonwealth Court of Conciliation and Arbitration was set up for the settlement of industrial disputes as a superior court of record and vested in it original jurisdiction functions of an administrative, arbitral and executive character like altering standard hours of wor..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ecessary in the instant cases. This objection with regard to Import Policy Order, 1989‑91 was made by the Collector of Customs most illegally and whimsically in this case without any application of judicial mind to the relevant law and fact. 52. In the ultimate analysis, the Collector of Custom...... furnishing an Indemnity Bond. 18. Leave was granted to consider whether the High Court Division upon a correct appreciation of the relevant laws, particularly relating to importation of goods and functions of the Customs Authorities and the special facts of the present case was justified in maki..Category: Business or Commercial Law | Date: | Hits: 130
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....f gift by a father to his minor child or by a guardian to his ward. All that is necessary is to establish a bonafide intention to give." Section 155 has been interpreted by various judicial authorities. In the case of Ghulam Hassan and others Vs. Sarfaraz Khan and others reported......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....any award or settlement. But no corresponding amendment was made in section 36 of the IRO and the Labour Court is left to deal with an application under section 34 in consonance with the acknowledged judicial norms of adjudication including the principles of natural justice. 15. In some of the de......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the interest of public safety or public order. No ground of detention was served on the...... including even the judicial principles laid down from time to time by the Superior Courts. It means according to the accepted form of legal process and postulates a strict performance of all the functions and duties laid down by law. It may well be, as has been suggested in some quarters, t..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....in the statements of the witnesses recorded under section 161 of the Code of Criminal Procedure that the appellants committed the murder of Nurul Islam, the learned Judges correctly exercised their judicial discretion in refusing bail of the appellants. 4. Mr. TH Khan, learned Advocate ap......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ectly concerned with his official duties so that, if questioned it could be claimed to have been done by virtue of the office then sanction would be necessary. It is thus obvious that the trend of judicial decisions is to see whether the offence complained of was done or could have been done in ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
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