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Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
.... and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but an independent office of enquiry and investigation regarding corrupt...... incorrect contention through the writ Petition lies in assuming the questioned office to be one in the service of the Republic, and that's why the petitioner has made much exercise to prove that the functions of the ACC is neither judicial nor quasi-judicial. In this regard it is further stated tha..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....urt under the provisions of the Act, 1965. This question is to be resolved first for the reason that if the petitioner was a worker then the next question would be whether he could avail the forum of judicial review under article 102 of the Constitution of the People’s Republic of Bangladesh (the ......s Commission and also offers lectures as guest speaker of the National Hotel Tourism Training Institute, ICDDRB and Foreign Service Academy. While the petitioner had been successfully discharging his functions as General Manager of the Corporation, a vested quarter in order to soil his image and rep..Category: Employment/Service Law | Date: | Hits: 156
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....stating that the petitioner was with her father. On 10‑5‑95 after the petitioner was divorced by respondent No.1 her father took her to his custody with written acknowledgement signing on a non‑judicial stamp and also by filing a GD Entry being No.491 on 10‑5‑95. It is further stated that ......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....mony of the witnesses, that the deed produced by the Chairman of the Village Court supported the suit of the defendant as to the suit land was of "Peer's Dagabari" and to that extent without applying judicial mind the High Court Division wrongly made the Rule absolute because of the facts based on b......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..Category: Property Law | Date: | Hits: 116
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....cree holder Bank did not take any ground in the High Court Division that in spite of their prayer their application under Order XXI rule 90 of the Code of Civil Procedure has not been registered as a judicial Miscellaneous case and the executing Court having decided the application on merit and havi......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....at the appointment in a teaching post of the University although can only be made by the Syndicate but the syndicate being a creation of Ordinance, cannot act arbitrarily or capriciously but must act judicially and fairly. In this case, the moment the petitioner was selected by the Selection Board, ......g and Development Committee, and ix) Such other authorities as may be prescribed by the Statutes to be the Authorities of the University.” Section 16 of the Ordinance describes the powers and functions of the Syndicate. The relevant portion of section 16 necessary for our purpose is as follo..Category: Employment/Service Law | Date: | Hits: 160
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......he provision of section 8 of the Ordinance which envisages that all officers and other persons engaged in the performance of any function under this Ordinance shall in the matter of discharging those functions observe and follow such orders, directions or instructions as the Board may issue from tim..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
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Category: Administrative Law | Date: | Hits: 371
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
.... in utter violation of the provision of article 34 wherein, according to him, a Member can be suspended for any action if it is proved to endanger the stability and harmony of the club or if it is prejudicial to the interest of the club. According to the learned Counsel, the petitioner has not done ...... trial Court. 4. In the suit an application was riled for temporary injunction with a prayer that till disposal of the suit the petitioner should not be disturbed from taking part in the different functions and activities of the club. Against his prayer for temporary injunction, the Dhaka Club as..Category: Civil Law | Date: | Hits: 110
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....w cause notice on them cannot be accepted. 17. In the case of Farid Sons Ltd. Vs. Government of Pakistan reported in 13 DLR (SC) 233 it was made unambiguously clear that if the act in question is judicial or quasi judicial in nature and not administrative, the principles of natural justice wil...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....roceeding' means legal proceeding in the Court and not the searches or arrest or investigation made by the investigating agency in exercise of the power conferred upon them by law. Proceeding means judicial proceeding which starts after submission of police report or complaint or after taking cogn......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
....enalties. While dealing with the offences and penalty in accordance with the different provisions of the said Chapter principle of natural justice must be observed in the procedure of departmental or judicial, for trial of Customs offences. This principle is certainly applicable as well upon the rul......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
..
Category: Business or Commercial Law | Date: | Hits: 656
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
.... Secretary (Security) of the Ministry of Home Affairs, Govt. of Bangladesh, wherein it has been stated that the detaining authority having been satisfied that the detenu was acting in a manner prejudicial to the financial and economic interest of the State passed the order of detention in the pr......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...Category: Criminal Law | Date: | Hits: 109
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ory restrictions relating to payment of monthly rent within certain date, if disregarded by the tenant, disentitles him to the protection against eviction for default in payment of rent. By judicial interpretation of these provisions which impose-such restrictions the only exception which,......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..Category: Tenancy Law | Date: | Hits: 214
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
.... must be furnished so that the Court granting permission to withdraw can act judicially in granting withdrawal. But in a case of revival under section 339D, the Court is not to determine anything judicially. In such circumstances we can not search for the Government advice or instruction which p....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..Category: Procedural Law | Date: | Hits: 143
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....করাতে আইনতঃ কোন বাধা নাই।” and the case of Mahmudul Vs. State, reported in 53 DLR (AD) 21 where it has been held: "Judges are competent to take judicial notice of the fact about the present condition of law and order situation in the country an......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... assigning any reason proving justification for the same. If no reason is necessary to terminate the service of a probationer then giving of grounds will not change the position and it is not for the judicial Tribunal to make enquiries. The satisfaction of the employer cannot be objectively tested. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..Category: Employment/Service Law | Date: | Hits: 166
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....nd that the Court of appeal below without assigning any reason abruptly came to the finding on the point of defect of parties. This finding of the High Court Division is based on non-application of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has......aled from the lips, of the witness or if the witness makes statement inconsistent with his chief, the Court may infer an adverse presumption against the party for whom he has deposed in the case. The functions of cross-examination is to have the exact truth, to ascertain what part of story is true, ..Category: Property Law | Date: | Hits: 138
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......for use in accordance with the ayurvedic, unani and homeopathic or bio-chemic system of medicine." Under section 4, the Government shall constitute a Drug Control Committee which shall perform such functions as are specified in this Ordinance. Under section 5, no medicine of any kind shall be manu..
Category: Others | Date: | Hits: 184
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