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M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......ion 57 of the Electoral College Act, 1965 conferred further power upon the Government to constitute a Committee for the Union, or as the case may be, the Town Committee, for the Town. On a critical review of all the relevant legislations relating to local administration we do not find any substan..

Category: Fiscal/Taxation Law | Date: | Hits: 244

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....embers of the Council render him unfit 10 be an officer or a teacher and under the said provision the res­pondent was dismissed by the Council without being given any opportunity of being heard. The Judicial Committee of the Privy Council treated it to be a case of pure master and servant and as su......will not attract the operation of the principle of natural justice in such a case. 24. These principles as have been referred to above, have been by and large, incorporated in the law of judicial review as contained in Article 102(2) of the Constitution. This constitution power of a superior cou..

Category: Employment/Service Law | Date: | Hits: 170

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....but provided for an appeal to the High   Court subject to the provisions of the Civil Procedure Code applicable to appeals from the original decree. It was, however, contended before the Judicial Committee of the   Privy   Council on behalf of the appellant in the a......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..

Category: Property Law | Date: | Hits: 135

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

....as has been done in the instant case even in the absence of any charge under section 364 framed against the appellants. 17. The learned Attorney General next-referred to the decision of the Judicial Committee tee of the Privy Council in the case of Begu and others Vs. the King Emperor re...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ..

Category: Election Law | Date: | Hits: 124

Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)

....a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ......sp;           Mahmudul Amin Choudhury J.- This application under Article 105 of the Constitution of the People’s Republic of Bangladesh for review of the judgment and order dated 25- passed by this Division in Civil Petition for Leave to A..

Category: Constitutional Law | Date: | Hits: 141

Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)

....f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......sposed of by the High Court Division making the Rule absolute.   2. Thereafter absentee-opposite parties filed an application under section 151 of the Code of Civil Procedure for review of the said judgment and ultimately by the judgment and order dated 27-7- 1999 a learned Sin..

Category: Procedural Law | Date: | Hits: 104

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)

....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......by the High Court Division in FA No. 366 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This petitioner by the defendant, Islamic Foundation, Bangladesh, arises out of an application for review of the judgment passed by a Division Bench of the High Court Division in FA No. 366 of 1995. ..

Category: Property Law | Date: | Hits: 107

State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)

....ntly, the appeal is allowed and the impugned judgment and order set aside.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ntly, the appeal is allowed and the impugned judgment and order set aside.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 43. ..

Category: Criminal Law | Date: | Hits: 68

Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)

....s condoned but there being no merit in the petition the same is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 41. ......ndent   Judgment   February 27, 2001.   The Bangladesh Service Rules, Part I, Rule 72(b)   The review forum having found the respondent honourably acquitted, the Tribunals below rightly held tha..

Category: Administrative Law | Date: | Hits: 117

Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)

....sion is set aside and the appeal is allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 38. ......filed Writ Petition No. 3933 of 1999 which was summarily rejected holding the same to be the election dispute. Respondent No. 5 on 4-11-1999 filed an application before the Election Commission for reviewing the order of the Returning Officer allocating the symbol of “Full Pant” for T..

Category: Election Law | Date: | Hits: 144

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)

....ation.   The petitioners are dismissed by this judgment.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001)28. ...... The Code of Civil Procedure 1908 (V of 1908), Order XLVII rule I   What the petitioner failed to get in the appeal after a full-fledged argument can not be obtained in a review petition. Reconsideration of points wrongly or rightly considered in an appeal decided by th..

Category: Labour and Industrial Law | Date: | Hits: 128

Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......ion 4 provides as follows: "4. Insertion of new section 7A Ord. LXXXIV of 1976‑In the said Ordinance, after section 7, the following new section shall be inserted, namely: "7A. Revision and review.‑ Notwithstan­ding anything contained in section 7, the Government may, upon an applicatio..

Category: Administrative Law | Date: | Hits: 111

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

....o the executive and legislative branches of the State on the principle that the jurisdiction and powers of the Court extend only to the decision of concrete cases coming before it. 17. Section 4, Judicial Committee Act, 1833, (3 and 4 William IV, C 41) provides: "It shall be lawful for His M......d to encroach on the field of a co‑ordinate organ i.e. the Parliament, which has the primary exclusive jurisdiction, which if exercised within the bounds of the Constitution is immune from judicial review, and therefore, beyond the competence and jurisdiction of this court to question (Fazlul Kade..

Category: Constitutional Law | Date: | Hits: 248

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......rsal Insurance Co, Lid, PLD 1989 (Lah) 390 by Abaid Ullah Khan J- “whether the interpretation of the law declaring the legality of the conditions of contract of insurance under review, which criginating from this decision AIR 1914 (Bom) 2251 has held the field for almost thr..

Category: Business or Commercial Law | Date: | Hits: 114

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..

Category: Property Law | Date: | Hits: 69

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......ty. This order dated 8. 11.93 was impugned in the writ petition. 4. The High Court Division dismissed the writ petition summarily on the ground that respondent No. 1 had the jurisdiction to review its previous order alleged to have been obtained by fraud and misrepresentation, that this p..

Category: Property Law | Date: | Hits: 62

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......uch land speculator. In our country in the absence of any such legislation it will be wise for the Kartripakkha while according approval to a private housing project to make provisions for periodical review of the project and to set up a time‑limit for its completion. 53. Under such circumstan..

Category: Property Law | Date: | Hits: 79