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Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....wer authority, and secondly, he is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty. These two conditions have been judicially noticed by the Supreme Court of India in the case of S. Kuppuswami Rao Vs. The King repor......ts of the Government. A line is required to be drawn between the general members of the community and certain classes of persons in the service or pay roll of the government exercising various public functions who are called public servants. [G.A. Monterio 1957 AIR (SC) 13]. In the decision reported..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....he accused petitioner submits that the learned Sessions Judge committed illegality in framing charge by rejecting the application under Section 265C of the Code of Criminal Procedure without applying judicial mind and without considering the materials on record. He mainly argued that the post mortem......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... "Cardinal principle of the 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. Enunciating the age old maxim...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. 18. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal hom......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. 21. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal hom......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ediately remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal hom......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....lic of Bangladesh and others Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku, 60 DLR (AD) 147, where it was held that the process of sanction is an administrative act and is not subject to any judicial scrutiny. In the case of Nazimuddin (Md) Chairman Vs. Government of Bangladesh reported in ......the Act has given the authority to the Commission to delegate its power and the Commission had accordingly in a meeting decided as to which of its Commissioners and other officers would conduct which functions of the Commission. We find that the concerned Commissioner, namely Md. Habibur Rahman had ..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....thorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent which implies that the Court will have to examine the material......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....rred to the deity. It is an admitted fact that the plaintiff is the Shebait of the deity. Now the question what is the status of the Shebait of a public debuttor property. It has been observed by the judicial committee in Prosonna Kumari Debya Vs. Golap Chand Baboo, (1875) LR 2 IA 145 "that the......as for a whole sub-caste to go up a step. New tribes were often absorbed into Hinduism at the bottom, slowly they worked themselves up." "Thus, caste was a group system based on service and functions. It was meant to be an all-inclusive order without any common dogma and allowing the fulle..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......tled to do so, even without further notification and advertisement. 15. The Public Service Commission (PSC) is a constitutional body. It is established under Article 137 of the Constitution. The functions of the PSC are narrated in Article 140 of the Constitution. Sub-Article (1) of Article 140..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....en by the learned Chief Judicial Magistrate, Sylhet to be appropriate and satisfactory, inasmuch as he has admitted that he did not read the order of this Court properly, which is not expected from a judicial officer of his rank and status. He must be more careful in future, when dealing with the or......ned that the victim S. (7) was produced before him on 31.03.2009 in the afternoon for recording her statement under section 22 of the Nari-o-Shishu Nirjatan Daman Ain, 2000. Since he was engaged with functions of Cognizance Court of Balagonj, Osmani Nagar, Companigonj Thana, trial Court of Senior Ju..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....pon Dr. Mohiuddin Khan Alamgir on 20-2-2007. He has prepared the Property Statement on 20-2-2007 and that was sent to the Jail authority on 21-2-2007. The property statement of 20-2-2007 is kept with judicial record. The report was handed over to the wife of Dr. Mohiuddin Khan Alamgir. He signed the...... inasmuch as for taking decision in a meeting of the Commission at least two commissioners must attend to constitute quorum of the meeting. He also drew our attention to section 16 which provides the functions of the Secretary of the Commission. Mr. Karim submitted that since the notice under sectio..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....l of force. On the contrary I failed to discover any merit in the submissions advanced by learned Counsel of the opposite parties.
21. In the light of discussions made above and the preponderant judicial views emerging out of the authority referred to above, I am of the view that the impugned j...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....s of land whereupon he constructed four semi pucca rooms and on 31.10.93 the petitioner's husband received Tk. 1,00,000/= from the opposite party No.1 against the said four rooms signing on a non judicial stamp worth of Tk. 50/= and delivered possession of the rooms in favour of the opposite par...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ...... on 31-7-2007 and on the same date a public limited company under the name and style Biman Bangladesh Airlines Limited was incorporated under the provision of the Companies Act, 1994 to take over the functions and works of erstwhile Bangladesh Biman Corporation and that the impugned letters were iss..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....onal conventions and norms are to be read into the fundamental rights in the absence of any domestic law occupying the field when there is no inconsistency between them. It is now an accepted rule of judicial construction to interpret municipal law in conformity with international law and convention......ffective functioning of the judiciary. “The Objectives of the Judiciary” mentioned in the Beijing Statement of Principles (as amended at Manila, 28 August 1997) are: “10. The objectives and functions of the judiciary include the following: (a) To ensure that all persons are able to ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....……………….(23) On awarding sentence Death sentence is a sentence which should be passed when the offence committed has not been compatible with any other sentence. Sentence is the judicial determination of a punishment to be inflicted on the facts of the given case. A Judge is si......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....rein mentioned, but there is nothing in them indicate that the Court is bound to try such offences or persons together in every case. This discretion vested in the Court is to be exercised upon sound judicial principles and in the light of the facts and circumstances of each case. Where a joint tria......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
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