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Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....nt irregularities, mere use of 'if' and 'but' in the bid sheet should not be the consideration of the High Court Division to interfere with the decision of the evaluation committee in exercise of its judicial review. 19. Clause 14.3 of the ITB provides, "The price to be quoted in the Bid Subm......en the said contract to that extent is statutory; (d) where a statute may expressly or impliedly confer power on a statutory body to enter into contracts in order to enable it to discharge its functions and the contract so entered by the statutory body is not an exercise of statutory power th..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ment to curtail the jurisdiction of any union and declare any part of it as an urban area and thereafter include the said area in a Pourashava. 20. In view of the aforesaid provisions of law and judicial pronouncements the Government is empowered to extend, curtail or otherwise alter the area j......t is that it gives unfettered power to the Government to "pick and choose" a person at its sweet will and appoint him Nikah Registrar and give him unlimited area jurisdiction to perform his functions in the absence of guideline of the legislature. The unfettered power allows the respondent..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
.... the person of deceased Khaled leading to his death. His further plea was that he had been falsely implicated in the case out of political enmity. His further plea was that Noor Alam did not make any judicial confession and his statement was obtained by undue influence by the police. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......s capable of being viewed by honest persons as conduct which is infamous. That is all we have seen these conditions have been fulfilled by the enquiry and by the tribunal which institutes it. The functions of the Court of law are at an end". 18. In view of the above, although w..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....having bearing on the case having been discovered and a review having been sought on that ground, the High Court Division was wrong in summarily dismissing the review application without applying its judicial mind to tile new evidence placed before it. 10. The learned Counsels appearing for th...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....;duced as record of evidence‑wheneven any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a st......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....the police. According to him, the learned Tribunal acted illegally in examining witnesses in support of the said narajee petition, such procedure being applicable only in cases of magistrates holding judicial inquiry under section 200 of the Code of Criminal Procedure. So, he submits that the impugn......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....nciples of natural justice that must be deemed to be an order passed without lawful authority and the violation of such order would not amount to contempt of court and this is the latest trend of the judicial pronouncement in England and other advanced countries. He then submits that an order may al......from the general people through their elected representatives. In a democratic polity where the Court derives its authority from the people, it can not be above everything, it must discharge its functions in accordance with law and under the constitution of the Republic. Therefore, it can not b..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....iminal Procedure, 1898 (V of 1898), Section 561A When the case is at the investigation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidenc......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....atter decision submits that civil Court has jurisdiction to entertain any election dispute provided it can be shown that the action challenged in the suit touching the election suffers from Coram non judicial or malice. He submits that polling stations at Debipur and Joypur were set up by the Return......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....ed above. 29. According to the respondent, this article gives absolute and uncontrolled discretion to decline or refuse to register any proposed transfer of shares. But a long line of judicial decisions in England, Bangladesh, Pakistan and India have held that such a discretion is ......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....legally transferred her to a lower post of LDA‑cum‑Typist while her appeal was awaiting hearing by the Administrative Appellate Tribunal. Changing her designation during the pendency of a judicial proceeding in a subjudice matter to the prejudice of the petitioner actually constituted an...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....de of Criminal Procedure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, ......minal Procedure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the in..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... has been observed that the authority is to apply its mind to the material to form an opinion whether the chairman's functioning is desirable from the administrative point of view of whether it is prejudicial to the interest of the Union Parishad and upon forming such opinion it is to be expressed a...... Section 13 An elected public representative may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from the administrative..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....or and the learned Advocate of the accused and perusing the records and passed the order which leaves no doubt that the learned Judge adverted to the respective cases of the parties and applied judicial mind, the High Court Division was wrong in making the Rule absolute and transferring the ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
.... 7. In the case of Khalid Saigal vs State reported in 14 DLR (SC) 321 it has been held that: “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly if it were to proceed upon a......ported in 14 DLR (SC) 321 it has been held that: “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly if it were to proceed upon any a prior assumption that in all cases where an of..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... D (2), E (2), F (1), G (1) and I (1) upon the alleged instrument of transfer of shares. (Exhibit B) the original share certificates (Exhibits D and E), the alleged receipt cum‑declaration on a non judicial stamp (Exhibit F), letter of resignation from Directorship (Exhibit G) and debit voucher (E......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....; The above submissions leads us to question whether under the circumstances a review of the judgment delivered by this court on 29-8-02 is justified. The general principle is that in discharging the judicial function of the court it has the duty of resolving issues of law properly brought before it......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....greement is void, inoperative or is incapable of determination by arbitration. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, arbitration may be commenced or continued and an arbitral award made." 10. O......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280