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Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....r by necessary implications limits the power. There can be no presumption by a Court of a limited grant of legislative power because to limit the grant of legislative power is a constituent and not a judicial function." 5. He also referred to the case of Rashid Ahmed Vs. The State reported......ose of elections to Parliament; and (d) Prepare election rolls for the purpose of elections to the office of President and to Parliament. (2) The Election Commission shall perform such functions, in addition to those specified in the foregoing clauses, as may be prescribed by this Con..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....t. These acts are Universally accepted as
calculated to interfere with the administration of justice and therefore
contempt of Court.
2. With great pain
and disappointment we have been taking judicial notice that a section of
lawyers of the Supreme Court Bar Association have been agitating ......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....over of its products and also loss of its goodwill and business reputation. In this context it is submitted that of prime concern to the Petitioner, however, has been the fact of the consequential prejudicial effect such impugned registration has had on the public interest that has suffered at the h......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....r. He further submits that the impugned judgment and order of conviction an sentence is ex facie illegal wrong, erroneous an bad in law as well as in fact. The learned Special Judge did not apply his judicial mind to the fact and other materials on record and arrived at a wrong findings in convictin......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....ial alteration relating and embellishment in between the two statements of the concerned witnesses examining within a span of almost of month and accordingly the High Court Division on application of judicial mind considering the statement including the confessional statement of an accused Saif...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
.... Khondker Moniruzzaman vs. State. 18. Considering the facts and circumstances of the instant case and material on record in the instant case we are of opinion that the Tribunal failed to apply its judicial mind and framed charge against the accused appellant illegally and mechanically and the acc......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....erroneously came to a finding that defendant is not a defaulter and the plaintiff is not entitled to get the relief as prayed for. The learned lawyer points out that the Court below did not apply its judicial mind in passing the Judgment and wrongly quoted the deposition of P.W.2. The learned lawyer......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
.... writ of certiorari to reverse a finding of inferior court or tribunal: When Court of Settlement did not consider documents filed by the respondents and when it did not apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing s......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Montu and others Vs. State, 2005, 34 CLC (HCD)
....sed the impugned judgment on the basis of mere surmise and conjecture and he passed the order of conviction and sentence in an unlawful manner and the court of appeal below also without applying with judicial mind dismissed the appeal confirming the judgment passed by the Magistrate on 23‑05‑200......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
....nce of that which is recorded therein."
The Corpus Juris (Vol. 15, page 720) refers to its definition as follows:
"A Court of Record has been defined as a Court where the acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony, and which has......lls are called records of the court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of the person of the Magistrate designated generally to hold it, and proceed..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....of such assessment. 18. However, it appears there are sufficient materials on record to come to a conclusion that the decision of the Tribunal appears to have been passed without applying proper judicial mind. Therefore, in our opinion, it will, be justified if the matter is sent back to the Tr......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....aque and others... ..................Respondents Judgment March 6, 2005. The Constitution of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case- Decision in a particular case made in the backg....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....iplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultation with the Supreme Court is a must…………&he...... "116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the Present and shall be exercised by him in consultation with the Supreme..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....been falsely implicated in the case by the then ruling Awami League Government only to harass and victimise on political consideration out of grudge, the trial Court passed the order without applying judicial mind in rejecting the application for withdrawal filed by the State. He further submits tha......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....s from the Pakistan Jurisdiction, [The University of Dhaka Vs. Zakir Ahmed: PLD 1965 SC 90 =16 DLR (SC) 722] which have consistently taken the view that in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e control of manufacture and sale of edible iodized salt i.e. without their permission no edible salt can be brought to the market for sale, it is necessary to compel them to perform their respective functions properly and meticulously and they should ensure that manufacturers of salt do comply with..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....Notwithstanding anything contained in any other law for the time being in force, where any of the parties to the arbitration agreement files a legal proceedings in a Court against the other party, no judicial authority shall hear any legal proceedings except in so far as provided by this Act." ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....al battle including the said detention case.
3. The Chief Metropolitan Magistrate Dhaka by order dated 1‑12‑03 sent the case records the one Md. Sujayat Ullah, Metropolitan Magistrate, for a judicial inquiry who after receiving the case record held judicial inquiry and having examined 4 wit......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....on by two or more persons of their disputes, differences or disagreements to the judgment and/or decision of a third person, known as arbitrator who will finally decide the controversy, of course, in judicial manner. 33. Law requires such reference or submission must be intended and expressed b...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......ladesh
Sub-Article (2) of Article 102 of the Constitution may be invoked by any aggrieved person including someone who is not a citizen of Bangladesh, if the person engaged in the performance of functions of the Republic does not act in accordance with law.
The instant Writ Petition is qui..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
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