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Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
.... intelligent preference, the Court may consider that preference. (4) [Omitted]. (5) The Court shall not appoint or declare any person to be a guardian against his will. 23. As far as judicial pronouncement is concerned this Court in the case of Abu Baker Siddique vs. SMA Bakar 38 DL......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....adesh, 44 DLR (AD) 111, the right to move the High Court Division under Article 102 (1) for enforcement of fundamental right, which itself is a fundamental right, has been recognized and the right of judicial review under article 102 (2) not being a fundamental right was not conferred upon the Admin......tion dated 20-2-92 and promotions to the post of Deputy Secretary by Notification dated 8-2-92 were ultra vires Article 140(2) of the Constitution. The entire Article 140 runs thus “140. (1) The functions of a public service commission shall be— (a) to conduct tests and examinations for th..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......n vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute between suspended Chairman and the acting chairman in respect of their performing the functions. Appellate Division generally does not interfere with such order passed by the High Court ..Category: Others | Date: | Hits: 112
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
.... Attorney-General submits that an order of discharge under Section 203 of the Code of Criminal Procedure is no bar against lodging the FIR on the self-same matter. But the learned Magistrate passed a judicial order stopping further inquiry and until and unless that order was got rid of the DAB in v......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......eld of administration. The next resolution, i.e. 3.2 shows that the Parishad authorised the Director General to apply the Government Service Rules as proposed in order to carry out the administrative functions as the Principal Executive Officer of the Academy. It is true that the Director General wa..Category: Employment/Service Law | Date: | Hits: 145
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....he facts as has been narrated it is palpably clear that the case was fixed on several dates and for securing the ends of justice and for proper adjudication of the issue the trial Judge exercised his judicial discretion and deferred the date of argument and ultimately fixed the case for further hear......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....had deep faith lies on the transferee-defendant No. 1 (Pir). In this case the defendant No. 1 miserably failed to discharge his onus to prove that the disputed kabalas were valid documents in law. By judicial pronouncements of the superior Courts of this Sub continent and the Privy Council a special......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....es also held that PW 12 Bidhu Bhuson Saha who saw the occurrence of killing Munir from his balcony made contradictory statement to the investigating-officer. This is really a total non application of judicial mind of the learned Judges to the evidence of PW 12. PW 12 said before the Court that he di......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ted itself in remanding the case to the appellate court without noticing that there was no existence of the application dated 20-4-1995 and this kind of non consideration is a non application of judicial mind which not only caused a failure of justice resulting in an error in the decision but a......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......passed. 13. Mr. Khondker submitted that the order of the respondent No. 1 dated 22.07.1999 gave rise to a fresh cause of action and the order being an order passed by a person performing functions in connection with the affairs of the Republic, the aggrieved person could seek remed..Category: Property Law | Date: | Hits: 57
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....petitioners places before us the judgment of the trial court as well as the impugned judgment of the High Court Division and then submitted that the High Court Division failed to apply the judicial mined in upholding the order of conviction and sentence passed by the learned Addition......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....se the award being a nullity and void ab initio and need not be avoided, no question of limitation is applicable as the illegality is appeared no the face of the record and the Court Should take judicial notice of it and it and it and in the facts and circumstances of the instant case, it is no...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....ther hand, contended that having regard to the facts and circumstances of the case and in view of the materials on record the learned Single Judge having applied his judicial mind rightly decided the case finding no error apparent on the face of judgment of th......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....ot be lightly entertained. A review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. A mere repetition, through different Counsels of old and overruled argum......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......o Director of the Bank and he does not have any power for holding any meeting of the Bank under the statute and the law. Similarly the contem-ner No.2 is the Secretary of the Board of Directors whose functions and duties are similar to those of company secretaries and nothing more. He is an officer ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....ibunal at the hearing of this appeal (181/95) as to the subsequent promotions. Thus was necessary for strengthening the litigation and doing justice to the case. In that event the Tribunal could take judicial notice of the event happening after institution of the case. One would fairly expect that G......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
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