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Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....he first case (Kotwali Police Station Case No.24 dated 12.08.2004), the seizure list, the Mortgage Registers and the Ledger Accounts Book, we cannot just ignore them and we consider it proper to take judicial notice thereof to decide as to whether we should exercise the power vested in this Court un......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....n cannot take the place of positive evidence, (2970 P Criminal LJ 166)….53 Credibility of witness whether oral and circumstantial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious quest......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....ental, as opposed to sub-stitutional, role of the Tribunal constituted under Article 117 of the Constitution was already conceded and permitted to the Tribunals in Mujibur Rahman case and no power of judicial review under Article 102(2) was conceded to the Tribunals in that case. The writ petitioner......e respondent No.1 by the Notification being No.GriGoMo/Sha-1/5A-3/2009/91 dated 17-8-2011 assigned the additional charge to one personnel, namely, Md. Kabir Ahmed Bhuiyan, to perform the current functions of Chief Engineer under PWD, Subsequently, the respondent No.1 by the Notification be..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
.... in Queen Vs. Gray, (1900) 2 QB 36(5) at page 40 wherein his Lordship observed, "Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act, as contrary to law or the public good, no Court could or would treat that as contempt ......hat as contempt of Court." Their Lordships went on to hold to the effect that statements made with regard to the personal conduct of a Judge, not related to his or her judicial or administrative functions, do not constitute the offence of contempt of Court, so long as it does not impute im..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....required under the said provision of law. However, the impugned orders do not disclose as to how the government was satisfied that continuation of the Chairmanship by the petitioners would be prejudicial to the interest of union parishad or undesirable on the count of public interest. 10. ......n stated that the petitioner is the elected Chairman of No. 3 ছাগলাদহ ইউনিয়ন পরিষদ, তেরখাদা, খুলনা, who had been discharging his duties and functions without any objection from any quarter whatsoever. It has been contended that 6(six) other..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....sification 'notification issued by private individual and corporation etc' But, letter dated 12-2-2012 was never published in any Gazette Notification. He then submits that the court can take judicial notice of these two notifications published in Bangladesh Gazette and brought the same to t......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
....es:
i) Assumption of jurisdiction to consider anticipatory bail is an extra-ordinary one.
ii Discretion of the High Court Division in granting bail, very wide though, must be encompassed by judicial circumspection based on established legal principles, without resorting to arbitr......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....hy;able cause for obtaining injunction or attachment and also that the defendant was affected by malice which is an improper motive. 11. A distinction can be drawn between acts done without judicial sanction and acts done under judicial sanctions improperly obtained. Proof of malice is not......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
.... Act, 2004.
36. We must maintain that if the statute would purport to confer absolute unbridled powers upon the executive to pick and choose parties for the purpose of more beneficial or prejudicial treatment, it shall be liable to be struck down for being foul to Article 27 of the Constit...... of Part-Ill of the Constitution shall, to the extent of such inconsistency be void.
32. If we have a glance at the Anti-Corruption Commission Act, 2004, under section 17(j) of the Act, 2004 the functions of the Commissions are to determine the procedure of the enquiry, investigation, fili..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... "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 ...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....la fide in terminating the agreement or contract with the plaintiff.' 19. Natural Justice has no definition. It is to be inferred. It must be without bias and should render the decision in a judicial spirit and in accordance with the principles of substantial justice and fair play in action......er into an agency business in Bangladesh with Western Union engaged in money transfer business from one country to another. Plaintiff being the expert of technical software service and other relevant functions relating to the money transfer business and having well connection and business relation w..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... the appellate Court cannot invoke its inherent power if it finds necessary to meet the ends of justice or to prevent the abuse of the process of the Court. There is inherent right to a litigant to a judicial proceeding and it requires no authority of law, to see the correctness of the judgment. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....d on 22-9-2004 and filed Artha Jari Case No. 502 of 2004. Mr. Sharif Uddin Ahmed, the respondent No.3 was holding the rank and status of the Joint District Judge till 10-11-2007 and was allocated the judicial function of Joint District Judge, First Court and Artha Rin Adalat No.1, at Chittagong. The......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....at the outset raised reservation as to the reviewability of the impugned order issued by an ostensible private authority, this Court delved into the issue of maintainability by exploring the ambit of judicial review as we understand it today. Maneuvering within the perimeter of Article 102 of the Co......and should they have not been licensed or permitted to perform certain public duties then the government or the local authority would invariably have had to step in and discharge obligatory functions in this regard. It is to be noted that such empowerment of the private sector by the state..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....d under section 138 of the Act, 1881 as he did not give any hearing to the accused and thus no chance to place his case as provided in sections 265C and 265D of the Code and also without applying his judicial mind to the materials on record and therefore, the impugned judgment and order ne......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....arious factors such as, the length of time for which it is followed, the nature of rights and property affected by it, the injustice result from its departure and the approval that it has received in judicial decisions or in legislation." 23. Thus having regard to the executive con......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......is a matter within its exclusive jurisdiction. Administrative Tribunal is the sole arbiter of the procedure with regard to execution of its decisions and orders. The Administrative Tribunal functions under the constitutional mandate as contained in Article 117 of the Constitution having th..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......cery. 39. The P.W.4 is Md. Mostafa Kamal. He claims in his evidence that he had been the Counsellor of Bangladesh Embassy in Abu Dhabi from April, 2003 to 5th May, 2006 and he also performed the functions of the Head of Chancery there and in the month of March, 2006, ATM Nazimullah Chowdhury wa..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....ament (Article 65), freedom of thought and conscience (Article 39) and discriminatory on the ground of religion and gender (Article 27, 28 and 41), denies the legitimate judicial system of the Republic by purporting to traverse Part VI of the Constitution and violative ......on during the period between 04.11.2008 and 02.12.2012. The entire matter is in the seisin of the EC. The EC being a constitutional body must not be obstructed by the petitioners in discharging their functions independently. And the Rule dated 27.01.2009 cannot be disposed of at this stage, as doing..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
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