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Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....I KB 171 observed that the Rules of natural justice applied to 'any body of persons hav­ing legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in England to l...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ......ensed as Nikah Registrar on regular basis if he fulfils the requisite qualification. In the aforementioned case since the petitioner was appointed on 27.01.2004 and he successfully performed his functions, for a period of three years he is entitled to have a permanent Nikah Registrar licence un..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....public or organisation making the relief has suffered a secondary public injury can maintain any petition against such act or omission, or when an act or omission is of such a nature which shocks the judicial con­science, the Court should extend its jurisdiction………………………………(......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258

Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)

....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114   ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....ction under section 32 of the Act submitted in Form-3 is not the only sanction contemplated under the entire Act and Rules. Moreover, the sanction is an administrative Act which is not subject to any judicial scrutiny and on that score he submits that the sanction in the instant case is an outcome o......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)

.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ..

Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....hy;tion of a candidature be disposed of first closing the settlement of the issue of fact until the issue of law on standing of the petitioner-respondent No.1 has been determined. The general Rule of judicial procedure is that a suit should not be disposed of in-part on an issue only causing delay i......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....r appropriate penalties or other sanctions to ensure the effective enforcement of the present article. Article 36.-State Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare. ILO Convention C182 Worst Forms of Child Labou......tors, Joint Directors, Deputy Directors or Assistant Directors are appointed, the Government shall specify in the notification the area within which each one of them shall exercise powers and perform functions under this Act. (3) The Director of Labour shall have powers of supervision and contro..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....rty is distinguishable on facts. 19. For the reasons stated above, we are inclined to hold that both the Courts below erred in law in passing the impugned judgments without properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....urportedly under regulation 53(2) of the Bangladesh Sugar and Food Industries Corporation Regulations, 1989, being a colourable exercise of power for collateral purposes and for frustrating earlier judicial proceedings and being violative of the fundamental rights of the petitioner as well as the......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

.... action against erring persons of the autonomous body. An order of transfer is not an action affecting, altering or infringing upon right to office one holds and while exercising jurisdiction of judicial review the High Court Division cannot sit over the internal administrative actions taken an...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....ts to show cause as to why their failure to act in a timely manner and to comply with their legal and constitutional duties to take effective measures to prevent the imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropriate guidelines, di......the commission of crimes. Such obligations with regard to local government officials are elaborately set out in the Union Parishads Ordinance, 1983. In addition, the Ordinance sets out the powers and functions of the Union Parishads in particular to maintain law and order and preventing the commissi..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....ble in the paper book submits that conviction and sentence of the appellants is bad in law and facts and, as such, not sustainable in law. He further submits that the trial Court without applying its judicial mind to the facts and circumstances of the case and the materials on record convicted the a......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......ed in clause (1), as such law may prescribe, and until provision is made by law under this clause the President may, by order make such provision. (4) The Auditor-General, in the exercise of his functions under clause (1), shall not be subject to the direction or control of any other person or ..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ract is necessary for effective and complete adjudication of the issues and to avoid multiplicities of suit and proceeding, he may be added as defendant in the suit by the Court in exercise of its judicial discretion……………………..(10) Case Referred to- Md. Nurul Abser Miah......ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....m justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law as the age-old maxim goes per......opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....aside their hard earned decree through their engaged lawyer Mr. Monir Hossain and the learned joint District Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the s......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ner herein is nothing but an abuse of the process of the law, the allegations against her is preposterous in nature and thus the same is liable to be quashed. It is settled principle of law that judicial process should not be an instrument of oppression or needless harassment. In the resul...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107