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Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....tion that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discretion in the facts and circumstances of a particular case………&hel......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....erience as a young Deputy Commissioner sentence of imprisonment and fine imposed on the contemner by the High Court Division was set aside by censuring him for his objectionable remarks against the judicial officers of Kurigram and warned to be careful in future…………(4 ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ave been wrongly decided in the majority judgments. 7. Leave was granted to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been grossly v......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......id not correctly assess the evidence and the findings have been made on irrelevant evidence. Considering the statute 32 of the First Statutes of the Dhaka University Order 1973 regarding power and functions of the Governing Body of the affiliated Colleges High Court Division found that no opport..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....ble of enjoyment for a maximum period of 7 years and the raiyat will get back his property under section 95 of EBSAT Act. I am afraid that the reference of this case shows total non-application of judicial mind of the learned Single Judge. 11. President’s Order No. 88 of 1972, Pres......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ers………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic within the meaning of Article 152(1) of the Constituti......arry out the mandate of the Constitution in pursuance of Articles 109, 115, 116 and 116A. In the instant case the High Court Division can direct the legislature and the executive to perform their functions which they are required to do under the Constitution. The State should provide immediate..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....pinion on a sub-judice matter before this Division. In that judgment we expressed in clear terms that the learned Judge will desist from committing such an act in future that is not in keeping with judicial propriety. 4. In view of our observation made in the above mentioned no action is......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... 30 days provided that no appeal shall lie against any interlocutory order passed by the Artha Rin Adalat. 13. Artha Rin Adalat has been set up under the Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim loan by the financial institutions ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ined by the appellant A Rahim Choudhury in Writ Petition No. 5764 of 1996 upholding the order of respondent No. 1. Bangladesh Bank dated 22-12-96 directing the appellant to refrain from performing functions of the Managing Director of Arab Bangladesh Bank Ltd. until further orders under the prov..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....respondent No. 1 moved the learned Sessions Judges in revision against the said order, who allowing the revision case, by his order dated 25-2-98 cancelled the Jimma of the girl and put her in the judicial custody for the sake of smooth investigation observing that further examination of the gir......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....cepting rejecting the grounds for the transfer, we think justice will be met if the case is disposed of by the Court of Sessions Judge, Nawabganj.” 2. Such kind of order is far from a judicial order. If that be the way of disposing an application for transfer by throwing all proced......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..Category: Criminal Law | Date: | Hits: 59
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....oller of Examinations vs. Mohammad Mohiuddin, (1992) 12 BLD (AD) 309. 9. In the aforecited case this Division held that if the High Court Division is satisfied by exercising its discretion judicially that the alternative remedy provided in a particular case is not adequate and effective,......n their affidavit-in-opposition that the respondent had no manner of authority to look into the conduct of the previous Chairman and Members of “Gha” Unit Admission Committee. Those are functions of the Vice Chancellor. In getting the fund audited the respondent exceeded his authority..Category: Constitutional Law | Date: | Hits: 201
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....icence for violation of any of the conditions stated therein. The order must also indicate that the reply of the person proceeded against was not acceptable to the Government so that in the case of a judicial review of a consequent order of cancellation of the licence the Court becomes satisfied tha......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ...... Provided that no such orders, instructions or directions shall be given so as to interfere with the discretion of the Appellate Joint Commissioner of Taxes in the exercise of his appellate functions.” 22. We are satisfied that the Circular in question does not in any man..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....an application for withdrawal of the case? 4. Mr. AKM Faiz, learned Advocate, submits that the accused petitioners have acquired a vested right and the impugned order having been passed in a judicial proceeding they have locus standi to challenge the order and, as such, the finding of the...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ...... to establish that the posts of Appraiser and Preventive Officer have been amalgamated. The Appraisers and Preventive Officers are not only graded separately but they are also discharging separate functions. The learned Advocate for the appellants could not show any notification under section 5 ..Category: Administrative Law | Date: | Hits: 160
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....cally wrong. 15. The legal basis for consideration of books of reference by Courts is provided in sections 57 and 60 of the Evidence Act. Section 57 refers to facts 6f which Court must take judicial notice. Then it provides: In all these cases and also on all matters of public history, l......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......agreed in full with the submissions of the respondents and he-Id that the two posts of Upper Division Assistant and inspector of Taxes being not of the same status, one entailing ministerial functions and the other executive the appellant is not entitled to count his previous service for ..Category: Administrative Law | Date: | Hits: 140
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....f into a Court of Appeal under section 30 of the Special Powers Act. It will confine itself to the jurisdictional issues that are usually associated with judgments of inferior Tribunals and quasi- judicial bodies. 15. That takes us to the first point on which leave was granted. Mr. M A Wa...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98